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28 Aug 2009, 1:59 pm
The rule although applied originally in Admiralty cases, now has general application where danger to life and limb or to property is brought about by the negligence of the defendant: see The "Bywell Castle" (1879), L.R. 4 P.D. 219 per Brett, L.J., at p. 226, and Cotton, L.J., at p. 228; Rowan v. [read post]
10 Jul 2008, 2:09 am
., to L.R. [read post]
25 Nov 2017, 5:32 am
L.R. 1523 (2006), Greenhouse’s suggestion that this is FedSoc porn that, “in ordinary times,” would be shared in the boy’s room is certainly inane. [read post]
11 Apr 2007, 9:29 am
We conclude that the trial court's Order did not contain the requisite findings indicating that it applied the presumption that Timothy's decision to deny grandparent visitation was in L.R.'s best interest. [read post]
24 Feb 2019, 4:00 am
San Paulo Railway Co. (1873), L.R. 8 Ch. [read post]
22 Jan 2012, 5:35 pm
Udny (1886), L.R. 1 Sc. [read post]
28 Dec 2015, 8:58 am
L.R. [read post]
4 Oct 2014, 3:53 pm
This blog moves from discussion of cases of justified and widely supported regulation to examine current topics that are more complex and more hotly contested. [read post]
8 Dec 2013, 6:08 pm
Perhaps the most controversial provision of British Columbia’s new Wills, Estates and Succession Act coming into effect on March 31, 2014, is section 58 which will allow the Court to give effect as a will to a document, or an electronic record, that does not meet the formal criteria for a valid will in British Columbia, if the Court is satisfied that it represents the “testamentary intentions of a deceased person. [read post]
6 Jun 2017, 2:24 pm
L.R. 366. [read post]
27 Oct 2012, 12:32 pm
Goodfellow (1870), L.R. 5 Q.B. 549 at 565, which was adopted by Wilson J.A. in Re: Rogers (1963), 39 D.L.R. (2d) 141 (C.A.) at 148-49, 42 W.W.R. 200:It is essential to the exercise of such a power that a testator shall understand the nature of the act and its effects; shall understand the extent of the property of which he is disposing; shall be able to comprehend and appreciate the claims to which he ought to give effect; and, with a view to the latter object, that no disorder of the mind… [read post]
Blocking orders against ISPs to combat trade-mark infringement legal says Court of Appeal in Cartier
12 Jul 2016, 6:28 am
Elkan, L.R. 12 Eq. 140; 7 Ch.App 130. [read post]
20 Jan 2016, 8:23 pm
While 'stare decisis furnishes almost the same advantages as a class action', Weinstein, Revision of Procedure: Some Problems in Class Actions, 9 Buffalo L.R. 433, 446, there is an important difference: '* * * the Stare decisis doctrine is an elastic one allowing the litigant to challenge the soundness of an outstanding decision whereas, under the doctrine of Res judicata, the decision is binding even though it is plainly wrong', It is precisely this difference which… [read post]
1 Oct 2011, 11:36 am
L.R. 7026-3 Discovery of Electronic Documents “(E-Discovery”) Middle District of Florida Civil Discovery Practice Handbook (see Part VII “Technology”) Southern District of Florida United States District Court for the S.D. [read post]
15 Nov 2010, 8:34 am
We had, in the last seven posts on this topic, discussed the law pertaining to the power of an adjudicatory authority under the Arbitration and Conciliation Act, 1996 to award interim measures (by adjudicatory authority, we mean the courts and the arbitral tribunals). [read post]
29 Jan 2023, 10:15 pm
Parker v Butler [2016] EWHC 1251 (QB); [2016] 3 Costs L.R. 435 at [3-4, 17-20], Edis J: “In a case where a claimant has the benefit of qualified one-way costs shifting (‘QOCS’) at trial, is he subject to the ordinary rules as to costs on a first appeal to an appeal court at least where no other order is made under CPR r 52.9A? [read post]
31 Dec 2011, 3:59 am
It is because of the difference in the object and purpose of the Slum Act and the Delhi Rent Control Act that in the decision reported as AIR 1977 SC 789 Lal Chand (dead) by L.Rs. [read post]
1 Sep 2011, 12:57 pm
Another good, if old, place to look is Smith, “Avoiding Awkward Alchemy in the Off Label Drug Context and Beyond: Fully-Protected Independent Research Should Not Transmogrify into Mere Commercial Speech Just Because Product Manufacturers Distribute It,” 34 Wake Forest L.R. 963 (1999).Finally, they’re a little long in the tooth right now, but back before he started blogging, Bexis wrote law review articles. [read post]
29 Jun 2011, 8:17 am
L.R. 37 the configuration of various interests require to have regard not only to the interests of the accused: “While the law of Scotland has always very properly regarded fairness to an accused person as being an integral part of the administration of justice, fairness is not a unilateral consideration. [read post]
14 Aug 2022, 6:00 am
Introduction In The Path of the Law, Supreme Court Justice Oliver Wendell Holmes, Jr., wrote, If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience. [read post]
