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11 Jan 2017, 1:00 am
And, in the application of Jameel, the UK Supreme Court in Flood v Times Newspapers Ltd [2012] 2 AC 273, [2012] UKSC 11 (21 March 2012) provided significant latitude to editorial judgment. [read post]
28 Dec 2016, 3:13 pm
The court was persuaded In Wilson v First County Trust Ltd (No. 2) [2004] 1 AC 816, Lord Hope stated at paragraph 106:- “… Article I of the First Protocol has a similar character [to Article 6(1)]. [read post]
20 Dec 2016, 4:04 pm
Any question that litigation funding has become a very big business was completely eliminated by the December 14, 2016 announcement of the merger between Burford Capital Ltd., the world’s largest publicly traded litigation funding firm, and GKC Holdings, LLC, the parent company of Gerchen Keller Capital, the largest privately held litigation funding firm. [read post]
7 Dec 2016, 2:41 pm
[1992] 2 AC 386 and Mexfield Housing Co-operative Ltd. v Berrisford [2011] UKSC 52 as both taking the view that the LPA 1925 “seemed to underwrite the established common law position”, rather than invalidating the previous common law position on ‘hybrid’ tenancies. [read post]
18 Nov 2016, 3:03 am
Applying the decision in Knupffer v London Express Newspaper Ltd [1944] AC 116, the Court of Appeal unanimously held that a “simple objective test” needed to be applied when determining whether, under section 393, “matters” in a notice issued by the FCA against the bank had “identified” a person who was not directly named. [read post]
3 Nov 2016, 5:42 pm
In order to meet the second part of the test, the person or body from whom disclosure is sought must be considered more than a “mere witness” (as set out at paragraph 54 of Various Claimants v News Group Newspapers Ltd and another [2013] EWHC 2119 (Ch). [read post]
3 Nov 2016, 5:42 pm
In order to meet the second part of the test, the person or body from whom disclosure is sought must be considered more than a “mere witness” (as set out at paragraph 54 of Various Claimants v News Group Newspapers Ltd and another [2013] EWHC 2119 (Ch). [read post]
3 Nov 2016, 9:32 am
” Citing Lord Reid in Burmah Oil Co (Burma Trading) Ltd v Lord Advocate [1965] AC 75, the Court determined: “The prerogative is really a relic of a past age, not lost by disuse, but only available for a case not covered by statute. [read post]
21 Oct 2016, 12:15 am
The law has been recently considered by the Supreme Court in Sea Shepherd UK v Fish & Fish Limited [2015] UKSC 10; [2015] AC 1229, which I sought to summarise in Vertical Leisure Limited v Poleplus Limited [2015] EWHC 841 (IPEC). [read post]
29 Sep 2016, 12:20 am
The decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016) demonstrates that, on the question of the liability of internet intermediaries for defamatory posts on their platforms, an important part of the answer is provided by application of the defence of innocent publication provided in section 27 of the Defamation Act 2009 (also here). [read post]
27 Sep 2016, 4:20 pm
Mercury Engineeringv Mc Cool Controls & Engineering Ltd [2011] IEHC 425 (19 July 2011) provides an excellent example of the first tendency. [read post]
17 Aug 2016, 2:15 am
However, he relied on the well-established exception to that rule where the statute imposes an obligation for the benefit or protection of a particular class of individuals (per Lord Diplock in Lonrho v Shell Petroleum Co Ltd (No 2) [1982] AC 173.) [read post]
1 Aug 2016, 1:02 pm
LRB [1992] 2 AC 386, Mexfield Housing Co-Operative Ltd. v. [read post]
Blocking orders against ISPs to combat trade-mark infringement legal says Court of Appeal in Cartier
12 Jul 2016, 6:28 am
The Court in Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2016] EWCA Civ 658 (06 July 2016) confirmed the correctness of the prior comprehensive decision of Arnold J. in Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3354 (Ch) (17 October 2014). [read post]
28 Jun 2016, 2:32 am
Ltd [1912] AC 149 at 165). [read post]
29 Apr 2016, 7:54 am
There is no formal definition of works of artistic craftsmanship, but the published guidance has produced suggestions (pg 7) as to how the courts will approach this type of work based on the cases of Hensher (George) Ltd v Restawile Upholstery (Lancs) Ltd[1975] RPC 31, HL and Lucasfilm Limited and others v Ainsworth and another [2012] 1 AC 208:• It is not enough for a work (such as a piece of furniture) to look attractive to qualify as a work of artistic… [read post]
25 Apr 2016, 6:25 am
Lord Hodge relied on dicta from Fawcett Properties Ltd v Buckingham County Council [1961] AC 636, which held that a planning condition can only be void for uncertainty if it can be given no sensible or ascertainable meaning. [read post]
20 Apr 2016, 7:12 am
While claims for confidentiality generally fail once the information has passed into the public domain (see Attorney General v Guardian Newspapers (No 2) [1990] 1 AC 109), the law provides greater protection to privacy rights. [read post]
4 Apr 2016, 4:50 am
Ltd., 840 F.2d 1572, 1010, 6 USPQ2d 1001, 1010 (Fed. [read post]
28 Mar 2016, 4:50 pm
Rohan Negandhi I am always pleased to be able to publish updates on important developments in other jurisdictions. [read post]
