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19 Jan 2016, 2:12 am
The case raises and answers an interesting question: under English law, does an assignment of a patent (other than by deed) require consideration? [read post]
8 Dec 2016, 11:05 am
Facts of the Case In the recent case of Castillo v. [read post]
8 Dec 2016, 11:05 am
Facts of the Case In the recent case of Castillo v. [read post]
8 Jul 2012, 2:58 pm
The English Court of Appeal considered this issue in its recent decision in Sulamerica CIA Nacional de Seugros S.A. v. [read post]
9 Jul 2012, 6:09 am
The English Court of Appeal considered this issue in its recent decision in Sulamerica CIA Nacional de Seugros S.A. v. [read post]
5 Feb 2021, 4:58 am
The "essence of the invention" is a concept favoured by English judges which also turns up in the application of the doctrine of equivalents under Actavis (see Regen Lab v Estar [2019] EWHC 63 (Pat), IPKat). [read post]
12 Dec 2010, 2:55 pm
See Benefield, 160 So. 2d at 710 (stating that section 901.19 “appears to represent a codification of the English common law which recognized the fundamental sanctity of one’s home”); State v. [read post]
7 Sep 2010, 9:06 am
No-one seems to have worried that this second property was located in Poland and so no-one considered whether Polish or English law should apply for any determination of the size of the defendant's share or whether in fact Polish law on fractional co-ownership (which I understand would be the Polish equivalent of beneficial tenancy in common under a trust for land) would operate the same way as the English principles in Stack v Dowden. [read post]
7 Sep 2010, 9:06 am
No-one seems to have worried that this second property was located in Poland and so no-one considered whether Polish or English law should apply for any determination of the size of the defendant's share or whether in fact Polish law on fractional co-ownership (which I understand would be the Polish equivalent of beneficial tenancy in common under a trust for land) would operate the same way as the English principles in Stack v Dowden. [read post]
13 Jan 2012, 7:22 am
Last month, the Grand Chamber of the European Court of Human Rights decided Al-Khawaja and Tahery v United Kingdom. [read post]
30 Mar 2011, 6:36 am
Section 55(2)(c) of the English Marine Insurance Act, 1906 also provided:“Unless the policy otherwise provides, the insurer is not liable for ordinary wear and tear, ordinary leakage and breakage, inherent vice or nature of the subject matter insured, or for any loss proximately caused by rats or vermin, or for any injury to machinery not proximately caused by maritime perils. [read post]
11 Feb 2018, 9:01 pm
The US Supreme Court heard argument last month in McCoy v. [read post]
10 Jul 2024, 8:33 am
Background on Chevron In Chevron v. [read post]
7 Feb 2008, 9:04 am
In Patel v Windsor Life Assurance Company Ltd [2008] EWHC 76, the claimant beneficiary sought to enforce his interest in a life insurance policy against the defendant insurer following the alleged death of the insured. [read post]
20 Dec 2007, 5:15 am
In HLB Kidsons (A Firm) v Lloyds Underwriters & Others [2007] EWCH 2699, a dispute arose over whether the claimant firm of accountants had properly notified claims to the defendant insurers. [read post]
25 Jul 2016, 1:40 pm
To maintain English courts' jurisdiction, claimants need to let go of foreign validity challenges. [read post]
12 Dec 2007, 1:54 pm
The Fourth Circuit has a notable ruling in a case with remarkable facts today in US v. [read post]
3 Jul 2018, 4:15 pm
In the case of ML and WW v Germany ([2018] ECHR 554) (available only French), the Fifth Section of the Court of Human Rights dismissed an Article 8 “right to be forgotten” application in respect of the historic publication by the media of information concerning a murder conviction. [read post]
11 Oct 2015, 6:56 am
He commented that ‘“Serious” is an ordinary English word. [read post]
27 Nov 2020, 1:45 am
The duty of disclosure is not simply good arbitral practice but is a legal duty in English law. [read post]