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28 Feb 2010, 7:31 am
These delays have taken place in many of the recent privacy and confidence actions, for example, Lord Browne v Associated Newspapers, Napier v Pressdram, and Cream Holdings v Banerjee. [read post]
9 Jul 2011, 9:28 am
Following the Supreme Court’s decision in R (on the application of G) v The Governors of School X probably not if you’re a teacher in a state school. [read post]
5 Sep 2010, 9:51 pm
I referred the judge to paragraphs 113-116 and 223 of Hollins v Russell [2003] EWCA Civ. 718). [read post]
30 Oct 2022, 12:54 am
Like Lady Poole, Lord Brailsford is a Senator of the College of Justice. [read post]
29 Jan 2020, 4:40 pm
Section 9 – Action against persons not domiciled in the UK or an EU/Lugano Convention State Section 9 provides that the court will not have jurisdiction to hear a defamation claim where the prospective defendant is resident outside of the UK, European Union, or the Lugano Convention states (Norway, Switzerl [read post]
3 Dec 2023, 12:36 pm
The Supreme Court, in Lord Sales judgment, restates the starting position, as per R v East Sussex County Council, Ex p Tandy (1998) AC 714, that where Parliament imposes a statutory duty on a public authority to provide a specific benefit or service, it does so on the footing that the authority must be taken to have the resources available to comply with that duty. [read post]
12 Jun 2011, 5:50 pm
Hutcheson (formerly known as “KGM”) v News Group Newspapers, heard 24 May 2011 (Master of the Rolls, Etherton and Gross LJJ) Caplin v Associated Newspapers Ltd, heard 26 May 2011 (Sharp J) Lord Ashcroft KCMG v Foley & ors, heard 7-8 June 2011 (Eady J) Cook v Telegraph Media Ltd, heard 9 June 2011 (Tugendhat J) [read post]
26 Jan 2016, 4:35 am
As Laing J observed in Merlin v Cave [2014] EWHC 3036 (QB): “There is no express indication in the PHA that Parliament intended the provisions of the PHA to abrogate the rights conferred by Article 10, or to change the law of defamation, which is, by necessary implication, involved in any consideration of the scope of the legitimate restrictions which may be placed by a contracting state on the rights conferred by Article 10. [read post]
26 Sep 2011, 1:37 am
In the courts A.A. v. [read post]
7 Jul 2008, 9:25 am
It's a 74 page note by Anne Gilson LaLonde on the protection in the United States of foreign trade marks that are well known in the US but aren't actually being used there. [read post]
17 Jun 2012, 7:10 pm
Du Cros Ltd. (1913) AC 624 at 634, 635) Lord Parker of Waddington having remarked upon the difficulty of finding the right criterion by which to determine whether a proposed mark is or is not "adapted to distinguish" the applicant's goods defined the crucial question practically as I have stated it, and added two sentences which have often been quoted but to which it is well to return for an understanding of the problem in a case such as the present. [read post]
25 Aug 2009, 11:21 pm
In Dwares v. [read post]
29 Jul 2023, 11:56 pm
: on Mrs K Higgs v Farmor’s School [2023] EAT 89. [read post]
29 Aug 2010, 5:28 pm
Hurd v. [read post]
2 Aug 2011, 11:10 am
Certainly—and as I acknowledge in the book—there are places and times in which international human rights law itself has wavered since 9/11 including in the A v United Kingdom decision of the ECtHR—but by and large it has demonstrated more resilience than one might have expected. [read post]
17 Aug 2012, 8:10 am
When considering whether The Suicide Act 1961 s 2 was incompatible with ECHR, art 8 it was held that the court was bound by the House of Lords’ decision in Purdy. [read post]
3 Aug 2011, 11:21 pm
Certainly—and as I acknowledge in the book—there are places and times in which international human rights law itself has wavered since 9/11 including in the A v United Kingdom decision of the ECtHR—but by and large it has demonstrated more resilience than one might have expected. [read post]
25 Jun 2015, 6:12 am
Yesterday the Court of Appeal (Lords Justices Kitchin, Briggs and Christopher Clarke), at [2015] EWCA Civ 607 , allowed ConvaTec's appeal and dismissed Smith & Nephew's cross-appeal. [read post]
23 Apr 2013, 8:51 am
Since 2002 there had been extensive litigation in Canada and the United States arising from a contractual dispute between the two groups. [read post]
4 Feb 2025, 8:24 am
When the designers provided their artworks, the feedback included a note that "ALDI have now had legal come back to them and state this design is too close to the benchmark – no shit! [read post]
