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21 Apr 2015, 10:19 am
The appeal was heard on 11 February 2015 by Lord Neuberger, Lord Sumption, Lord Carnwath, Lord Toulson and Lord Gill. [read post]
3 Jul 2014, 4:07 am
A key word is ‘entail’ so I’ve walked smack into Pride and Prejudice, which starts with one. [read post]
10 Apr 2019, 4:52 pm
The appeal was considered by Lord Reed, Lord Kerr, Lady Black, Lord Briggs and Lord Kitchin. [read post]
14 Nov 2017, 1:09 am
In other words, the London Taxi Company's taxis would have to be distinguishable from other taxis through their design.Blake loved the design of his taxi a little too muchFollowing the decision of Justice Arnold at first instance, Lord Justice Floyd decided that the trademarks had not acquired distinctive character among taxi drivers, and that consumers were not concerned with the origin of the taxis they hired and therefore the trademarks wouldn't have acquired… [read post]
8 Apr 2024, 3:27 am
This is the second of three blogs examining the recent UK Court of Appeal decision in Lidl v Tesco[1]. [read post]
1 Feb 2012, 8:41 am
He suggested that the reason why the draftsman did not simply use the words “confidential information” was that, in 1981, the law of confidential information was only rarely applied to personal confidences [47]. [read post]
15 May 2019, 3:02 am
Lord Wilson’s dissent centred on the precise wording of s 67(8). [read post]
29 Jul 2013, 10:00 am
The Jones and Harry opinions echo, without citation, Lord Mansfield's words in Somerset v. [read post]
15 Jan 2021, 1:45 am
Lord Hamblen and Lord Leggatt gave the main judgment with which Lord Reed agreed. [read post]
5 Nov 2010, 7:15 am
Bryan Cave associate Robert Dougans, who acted for science writer Simon Singh in BCA v Singh and for blogger Dave Osler in Kaschke v Osler, raised a theme that was reflected by a number of contributors: the new difficulties created by the internet. [read post]
6 Aug 2018, 4:49 am
One of those elements relates to the complex issue of the temporal effects of a finding that national law is incompatible with EU legal requirements – namely the Court’s conclusion that, in Lord Kerr’s words at para 56, ‘the point of unequal treatment occurs at the time that the pension falls to be paid’ and not when the benefit in question was accrued, and that no basis existed for limiting the retrospective effect of the judgment in line with the… [read post]
8 Jan 2020, 4:28 am
And further dispute arose between Sheeran's song 'Photograph' (also written by the first and third claimants; Sheeran and McDaid) and a song called 'Amazing', following which there was a settlement agreement and 35% of the PRS royalties now go to the writers of 'Amazing'.Naturally, the Claimants sought to strike out these allegations, which came before Deputy Master Jefferis on 4 June 2019 on the basis that similar fact evidence is only admissible in civil… [read post]
25 Apr 2015, 4:57 pm
In particular, the Council referred to the obiter words of Lord Woolf MR in Broadmoor Special Hospital Authority v Robinson [2000] QB 775: “if a public body is given a statutory responsibility which it is required to perform in the public interest, then, in the absence of an implication to the contrary in the statute, it has standing to apply to the court for an injunction to prevent interference with its performance of its public responsibilities and the courts… [read post]
13 May 2015, 4:37 am
Lord Neuberger reviewed a long list of authorities of the House of Lords, the Privy Council and that of the Court of Appeal in Anheuser-Busch Inc v Budejovicky Budvar NP [1984] FSR 413, 462. [read post]
20 Oct 2016, 6:09 am
Lord Toulson noted the frequently quoted words of Lord Hoffmann in R v Secretary of State for the Home Office, Ex p Simms [2000] 2 AC 115 that “Fundamental rights cannot be overridden by general or ambiguous words” and said importantly that “while Lord Hoffmann said that this presumption will apply “even” to the most general words, but I would say further that the more general the words, the… [read post]
23 May 2016, 2:10 am
In reaching this decision, Lord Hodge held that linguistic analysis of the wording of the 1886 Act by itself does not determine the issue and therefore the prior legislative history needed consideration. [read post]
5 Apr 2016, 7:05 am
She is partner and co-chair of the Diversity and Inclusion Committee at the international law firm, Locke Lord LLP. [read post]
4 Mar 2009, 4:38 am
Lord Neuberger gives five reasons: (1) the opening words of s 167(2) do not suggest that such an assessment is required. [read post]
8 Aug 2018, 2:02 am
In Bonnard v Perryman, Lord Coleridge CJ found that it was sufficient for a defendant to merely assert an intention to justify the allegations in order to successfully resist an interlocutory injunction to restrain the publication of a libel. [read post]
31 Jan 2011, 3:01 am
The Court of Appeal today handed down judgment in the case of JIH v News Group Newspapers Ltd ([2011] EWCA Civ 42). [read post]
