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17 Nov 2020, 11:15 am
The judgmentBoth appeals succeeded: Arnold LJ and Phillips LJ allowed TRP's appeal regarding unlawful means conspiracy, but (in a photo finish) Lewison LJ and Phillips LJ allowed SIS's appeal regarding misuse of confidential information. [read post]
16 Nov 2020, 1:00 am
These are appeals against the orders of the Butcher J and Flaux LJ concerning the construction of certain provisions in insurance policies written by the Appellant Insurers, and obtained by a range of businesses and organisations, which purport to provide coverage in the event of business interruption. [read post]
15 Nov 2020, 6:55 am
This and the wording of s.204, to which Chadwick LJ and Judge Monty QC in Castro referred, indicate that once the authority fails to notify a review decision in time, but produces a late review decision, the applicant has a choice of an appeal against the original decision or the review decision but not both. [read post]
13 Nov 2020, 1:45 am
Adopting Wilson LJ’s reasoning in R (LG) v Independent Appeal Panel for Tom Hood School [2010] EWCA Civ 142 Lady Arden holds that the Rules could prescribe standard of proof. [read post]
12 Nov 2020, 6:48 am
In this post, Richard Bamforth, Kushal Gandhi and Jessica Foley, who all work at CMS and have a special interest in arbitration, comment on the decision handed down last month by the UK Supreme Court in the matter of Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38. [read post]
6 Nov 2020, 10:45 am
Blog posts: Hardships Multiply for Older Refugees Amid COVID-19 Pandemic (UNHCR, Oct. 2020) [text] "'I waited all my life': Elderly Indigenous People Struggle for Thai Citizenship," Thomson Reuters Foundation News, 2 Nov. 2020 [text]Reports: COVID-19 Response: Key Message on Applying the IASC Guidelines on Inclusion of Persons with Disabilities in Humanitarian Action (IASC, July 2020) [text] The Digital Lives of Refugees and Kenyans with Disabilities in Nairobi: A … [read post]
29 Oct 2020, 2:22 am
In light of the Gillette principle, it would not be justified to grant the patent holder protection against products that are not novel or inventive over the prior art (an issue that was also touched upon by Arnold LJ in FibroGen v. [read post]
28 Oct 2020, 1:12 pm
The Court of Appeal's judgmentArnold LJ gave the leading judgment, with which Davis LJ and Popplewell LJ agreed. [read post]
3 Sep 2020, 4:28 am
These included Chandler v Thompson ((1811) 3 Camp 80, 170 ER 1312 [pdf]), Tapling v Jones (1865) 20 CBNS 166, 144 ER 1067 (HL)) and Turner v Spooner (1861) 30 LJ Ch 801 (Ch)), all of which discussed the opening of new windows overlooking neighbouring properties. [read post]
31 Aug 2020, 11:57 am
., Hall, Criminal Attempt—A Study of the Foundations of Criminal Liability, 49 Yale LJ 789, 816)” (People v. [read post]
15 Aug 2020, 4:05 am
The survey showed some degree of recognition of the shape and a level of association with JLR, but not recognition of the shapes as trade marks, i.e. as designating the goods of JLR and no other's.For those reasons, the Court was satisfied that the Hearing Officer had carefully and fairly assessed the survey evidence in a way which disclosed no error of principle.CommentWhat this case essentially confirms is the approach previously adopted by Arnold J (as he then was) in Société… [read post]
10 Aug 2020, 2:48 am
King LJ, giving judgment for the Court of Appeal, held that the order (made by HHJ Hess) had been made on “the slimmest of evidence“. [read post]
29 Jul 2020, 4:19 pm
As Nolan LJ held: The statutory powers given to the police are plainly coupled with a public law duty… In the context of the seizure and retention of documents… the public law duty is combined with a private law duty of confidentiality towards the owner of the documents. [read post]
Lord Justices Floyd and Arnold disagree on the inventiveness of expandable hoses [2020] EWCA Civ 871
24 Jul 2020, 12:29 am
Henderson LJ agreed with Arnold LJ that the Xhose was not inventive in view of McDonald. [read post]
21 Jul 2020, 2:40 am
In those cases where Arnold LJ gave the leading judgment, Floyd LJ has always agreed. [read post]
18 Jul 2020, 1:23 am
The Court of Appeal has decided that this can only be dealt with fairly if she is permitted to come to this country – “I have reached the firm conclusion that given that the only way in which she can have a fair and effective appeal is to be permitted to come into the United Kingdom to pursue her appeal, fairness and justice must, on the facts of this case, outweigh the national security concerns” Flaux LJ SHAMIMA BEGUM v SPECIAL IMMIGRATION APPEALS COMMISSION … [read post]
17 Jul 2020, 10:44 am
Here is the speed-read:In judgment #3, Arnold LJ held that SkyKick's email cloud migration service infringed Sky's trade marks at least in relation to "electronic mail services" and "telecommunications services". [read post]
15 Jul 2020, 3:58 am
On March 6th, the Standardization Administration of China (SAC) joined with the State Administration for Market Regulation (SAMR) to issue GB/T 35273-2020 《信息安全技术 个人信息安全规范》 , or “Information Security Technology – Personal Information Security Specification,” which will come into effect on October 1, 2020. [read post]
15 Jul 2020, 2:22 am
Accordingly, by application of the reasoning of Longmore LJ in the Court of Appeal, as set out at [32] to [35] above, the claims against Hellenic in Greece are within the settlement and indemnity provisions in the Hellenic settlement agreement and in breach of the exclusive jurisdiction clause in the Hellenic settlement agreement and the arbitration clause in the underlying Policy… Res iudicata and public policy The Piraeus court had no difficult task in establishing the finality of… [read post]
6 Jul 2020, 2:28 pm
In Gray v Hurley [2019] EWCA Civ 2222, the Court of Appeal (Patten LJ, Hickinbottom LJ and Peter Jackson LJ), handed down the judgment on the claimant’s appeal in Gray v Hurley [2019] EWHC 1972 (QB). [read post]
