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11 Jan 2021, 1:00 am
The Supreme Court is asked to determine three issues concerning whether Lady Brownlie can serve her claim out of the jurisdiction on FS Cairo, an Egyptian company, with a view to the trial of her claim in the courts in England and Wales (with each claim governed by Egyptian law). [read post]
4 Jan 2021, 5:49 am
It would enable the cumbersome requirement to obtain permission to serve a claim form outside England and Wales to be abolished, and with it the complex and costly requirement that the claimant show that England and Wales is the ‘proper place’ (ie clearly the appropriate forum) for the trial of the action. [read post]
29 Dec 2020, 4:05 pm
Their only means of redress would be to bring proceedings in the EU state in which at least one of the defendants is domiciled. [read post]
28 Dec 2020, 4:31 pm
More controversially, in Napag Trading v Gedi Gruppo Editoriale (2020) it was agreed between Counsel for the parties and accepted by Jay J. that even if a claimant’s centre of interests were found to be England, it would still be necessary “as a prior condition” for the claimant company to establish that “there has been publication in England and Wales and that the First Claimant has suffered “serious harm” (including “serious financial… [read post]
27 Dec 2020, 4:19 pm
R (Bridges) v Chief Constable of South Wales Police [2020] 1 WLR 5037 The UK Court of Appeal’s finding that the South Wales Police Force’s use of facial recognition was unlawful. [read post]
11 Dec 2020, 4:59 pm
United StatesWASHLITE v. [read post]
8 Dec 2020, 6:02 am
In this sense, the CJEU reasoned that paragraph 1 in that provision must be interpreted as allowing a court of a Member State to apply a convention concluded between a Member State of the EU and a non-member State before 1 January 1958 or, for States acceding to the EU, before the date of their accession, such as the Convention between Switzerland and Germany concerning the Reciprocal Protection of Patents, Designs and Trademarks, signed in Berlin on 13 April… [read post]
7 Dec 2020, 11:10 pm
Lord Justice Arnold recapped the current position in England and Wales with regards to website-blocking, noting 20th Century Fox v BT (Newzbin 2) wherein he granted the first such injunction in 2011, and the first application and injunction in relation to trade marks in Cartier v Sky. [read post]
3 Dec 2020, 7:31 am
The identification principle requires a prosecutor to demonstrate that a company’s culpable state of mind is established through the actions and intentions of an individual who embodies the directing mind and will of that company. [read post]
21 Nov 2020, 4:11 pm
Clarke v Nursing and Midwifery Council of New South Wales [2020] NSWDC 641 Scotting DCJ dismissed claims for libel based on an email and other matters. [read post]
12 Nov 2020, 6:48 am
C v D [2007] EWCA Civ 1282). [read post]
12 Nov 2020, 6:35 am
Act of State. [read post]
9 Nov 2020, 11:18 am
Prempeh v Lakhany (2020) EWCA Civ 1422 We saw this case on a first appeal in the County Court. [read post]
1 Nov 2020, 4:35 pm
In Clarke v Nursing and Midwifery Council of New South Wales [2020] NSWDC 641 Scotting DCJ dismissed claims for libel based on an email and other matters. [read post]
29 Oct 2020, 3:06 am
In April this year, we got further clarity on this complex cross border conundrum, following a reported High Court case decided by Mr Justice Cohen, AD v BD [2020] EWHC 857 (Fam). [read post]
22 Oct 2020, 11:46 am
In respect of assured tenancies, it appears the Assured Tenancies and Agricultural Occupancies (Forms) (Regulations) 1997 (SI 1997/194) had not been updated in Wales at all since its inception save for the Coronavirus Act, albeit having had at multiple updates in England (as discussed in Baz v Steele in 2019, NL report here) When they arrive, the updated prescribed forms should therefore be of greater assistance in terms of explaining the grounds currently available and the… [read post]
18 Oct 2020, 4:59 pm
On 13 October 2020 there was a statement in open court in the case of Warnes v Forge before Warby J. [read post]
16 Oct 2020, 3:32 am
While Lord Millett in Bolkiah had explicitly stated that the assessment should not be a balancing exercise, this depended on there being a fiduciary duty owed by a solicitor to a former client to prioritise his interests. [read post]
6 Oct 2020, 7:27 am
Because the wordings did not expressly state that the disease should occur only within the relevant area, the insured risk was a disease that can occur nationwide. [read post]
4 Oct 2020, 4:04 pm
The Michaelmas Legal Term in England and Wales began on Thursday 1 October 2020 and will end on Monday 21 December 2020. [read post]
