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9 Mar 2011, 7:16 am
The judge, applied the accepted “classic test” for frustration given by Lord Radcliffe in Davis Contractors Ltd v Fareham [1956] AC 696, 729: “frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would make a thing radically different from that which was undertaken by the contract”. [read post]
10 Feb 2011, 6:19 am by Adam Wagner
The issue has also generated a wider debate over the place of the European Court of Human Rights, which at the very least is interesting from a constitutional perspective, and as Rosalind English pointed out yesterday raises some valid questions for both supporters and detractors of the European Convention. [read post]
28 Jan 2011, 5:57 am by Colin Murray
Of course, the criminalisation of homosexuality was discussed in Parliament in the same era and that didn’t stop the UK and Ireland from having to revisit that issue at the behest of Strasbourg decisions in Dudgeon v UK and Norris v Ireland. [read post]
10 Jan 2011, 4:31 am by INFORRM
In Gunston v Davies Brothers Pty Ltd & Ors [2010] TASSC 65 the Supreme Court of Tasmania ordered a trial by judge alone of a libel action on the ground that it required the “prolonged examination of documents”. [read post]
2 Jan 2011, 6:38 am by Charon QC
My ex-wife used to roll her eyes when I said, as one does, non haec in foedera veni [Lord Radcliffe in Davis Contractors Ltd v. [read post]
13 Dec 2010, 3:17 am by INFORRM
  On 1 December 2010,  the Conservative MP David Davis instituted an “adjournment debate” on Libel Law. [read post]
2 Dec 2010, 6:01 am by charonqc
But speaking in the house of commons yesterday, Conservative MP David Davis said that the ability of companies such as Rodial to use libel law against critics was a violation of ancient principles of English law. [read post]
8 Oct 2010, 2:14 pm by Roshonda Scipio
Administrative LawKD4882 .P76 2010The regulatory enterprise : government, regulation, and legitimacy / Tony Prosser.Prosser, Tony.Oxford ; New York : Oxford University Press, 2010.AfricaHQ1798.5 .S89 2010Beyond women's empowerment in Africa : exploring dislocation and agency / Elinami Veraeli Swai.Swai, Elinami Veraeli.New York : Palgrave Macmillan, 2010.Banks and BankingHG1811 .D38 2010Banking on the future : the fall and rise of central banking / Howard Davies, David Green.Davies, H.… [read post]
15 Aug 2010, 8:10 am by Jonathan H. Adler
In Arizonans for Official English v. [read post]
13 Jul 2010, 7:35 am by Matthew Scarola
Johnson note that in United States v. [read post]
7 Jun 2010, 9:10 am
At CJA Amanda contributed to the litigation of Samantar v. [read post]
1 Jun 2010, 8:42 am by Lyle Denniston
Turning back to a 1994 ruling, in Davis v. [read post]
29 Mar 2010, 6:58 am
(Business IP and Intangible Asset Blog)   US Patents – Decisions Split Federal Circuit panel finds preamble language not limiting: Marrin v Griffin (GRAY on Claims) (Inventive Step) District Court E D Texas: Inequitable conduct expert could not testify as to materiality absent qualification as a person skilled in the art: Advanced Technology Incubator, Inc v Sharp Corporation et al (Docket Report) District Court N D California: Intracompany patent transfer strikes again:… [read post]
2 Mar 2010, 9:15 pm by Lawrence Solum
Justice Scalia’s rigid, formalistic approach to testimonial statements in Davis v. [read post]