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23 Oct 2010, 4:40 am
In Indtel and Citation, the governing law of the contract was English and American law respectively, and the parties had not explicitly specified a seat of arbitration. [read post]
1 May 2012, 4:00 am by Jill Murray, Olswang.
In two separate judgments, 29 July 2010 and 18 May 2011, the Court of Appeal dismissed both appeals of Perry and others v Serious Organised Crime Agency. [read post]
12 Nov 2008, 11:11 am
In Markel Capital Limited v (1) Gothaer Allgemeine Versicherung AG (2) Continentale Sachversicherung AG and Bloemers & Partners Limited [2008] EWHC 2517 (Comm), the Court was asked to consider a summary judgment application by Markel in respect of its claim for a declaration of non-liability on the ground that a condition precedent to its liability had not been satisfied. [read post]
24 Apr 2016, 4:59 pm by INFORRM
  He held that on the basis of binding English authority, the English legislative regime which permits the recovery of the additional liabilities is not incompatible with Article 10 of the Convention and that, in any event, MGN was not entitled to rely on any incompatibility. [read post]
16 Jan 2007, 9:22 pm
There are also some jolly good cases from non-English-speaking countries that are published in English for the first time: * Adidas Salomon v Nike Europe (Court of the Hague), in which the three-striped juggernaut that is Adidas' atrade mark portfolio runs into a mountain that is Nike's two-striped embellishment;* F... [read post]
28 Apr 2023, 4:51 am by Chukwuma Okoli
They do so because of the way in which English law views separability as tied inimically to the concept of enforcement of the arbitration agreement. [read post]
2 Mar 2022, 5:30 am by Robert Brammer
.]), August 13, 1887, Image 5.A Carbolic Smoke Ball was a 19th century version of a neti pot, and if you think back to your contracts class, you might remember the English case Carlill v. [read post]
21 Feb 2008, 12:49 am
In the case of Kylie Palmer v Estate of Kevin Palmer (deceased) and others [2008] EWCA Civ 46, the Court of Appeal has refused to overturn a decision forcing Royal Sun Alliance (RSA) to pay the opposing parties' costs personally. [read post]
7 Jan 2010, 4:18 am
In Clydesdale Financial Services Ltd and others v Robert Smailes and others [2009] EWHC 3190 (Ch), the principal issues before the Court were whether the third claimant, Focus Insurance Company Ltd (Focus), had a real prospect of success in its claims to be, first, a creditor (under the Insolvency Act 1986) of the fifth defendant, Alexander Samuel LLP (LLP) in respect of unpaid premiums and, second, a "victim" under ss.423-425 of the Insolvency Act 1986 of the sale of LLP's… [read post]
29 Jul 2011, 11:01 am by Howard Knopf
For example, because the USA has its famous “absence of malice” defence based upon the landmark New York Times v. [read post]
7 Jan 2020, 7:26 am
Arnold J ruled that the skilled person was deemed to read Ikeda in the English translation. [read post]
4 Nov 2009, 1:14 am
The case of Baillie Estates Ltd v Du Pont (UK) Ltd helps to elucidate some of these questions. [read post]
18 Jan 2024, 4:05 am by Donald Dinnie
  The judgment contains a useful collection analysis of the English law on “occurrence”” event” and “cause”. [read post]