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2 Jan 2021, 10:30 am by Giles Peaker
Although there is no duty to make express written reference to the regard paid to the relevant duty, recording the existence of the duty and the considerations taken into account in discharging it serves to reduce the scope for later argument. [read post]
28 Dec 2020, 4:31 pm by INFORRM
It decided that the criteria identified in Shevill “must therefore be adapted in such a way that a person who has suffered an infringement of a personality right by means of the internet may bring an action in one forum in respect of all of the damage caused, depending on the place in which the damage caused in the European Union by that infringement occurred. [read post]
28 Dec 2020, 9:09 am by Cyberleagle
That may pave the way for permanent changes in due course. [read post]
23 Dec 2020, 8:43 am by Giles Peaker
The conclusion that the High Court drew from Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd (2010) EWCA Civ 314 was that s.44 CA applied if the legislation in issue and context expressly requires a signature by the relevant person itself, there is no other way of a corporate person satisfying this requirement other than by way of the general law (which requires execution under section 36A or its successor). [read post]
The trial court held that plaintiffs waived their rights to contest the implementation of the program because they previously failed to express objections to it. [read post]
16 Dec 2020, 12:24 am by Chukwuma Okoli
The plaintiff, as stated in the preceding paragraph, may be unable to enforce a judgment that was obtained in a country that is very appropriate forum as long as the defendant was not present, notwithstanding his right to access to justice and effective remedies.[20] On the part of the defendant, a Nigerian court may recognize and enforce a foreign judgment rendered by a court that was not in any material way connected to the case.[21] It is our view that considerations such as these… [read post]
15 Dec 2020, 3:46 am by Chukwuma Okoli
For, rather than alleviating those problems, proposition 3 rather ensures that they will continue, at least until action on the part of the legislator (which action appears to be some way off). [read post]
14 Dec 2020, 11:52 am by CMS
Using the language of Dyson LJ in AMEC Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWCA Civ 1535, “something more is required”, which must be “something of substance”. [read post]
13 Dec 2020, 4:48 pm by INFORRM
Squad will help Twitter “bring new ways for people to interact, express themselves, and join in the public conversation,” Twitter’s VP of product, Ilya Brown, said in a tweet. [read post]
11 Dec 2020, 4:59 pm by INFORRM
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. [read post]
10 Dec 2020, 7:44 am by Rebecca Tushnet
Though there can be disputes over what starts the limitations period running, an express repudiation of a person’s authorship claim will do so. [read post]
9 Dec 2020, 4:00 am by Administrator
I do not think there is any constitutional rule that requires Parliament to deal with Customs’ treatment of constitutionally protected expressive material by legislation (as the appellants contend) rather than by way of regulation (as Parliament contemplated in s. 164(1)(j)) or even by ministerial directive or departmental practice. [read post]
6 Dec 2020, 4:45 pm by INFORRM
  The defendant in the proceedings initially sought to defend the posts on the basis the comments were true or an expression of honest opinion. [read post]
3 Dec 2020, 8:40 am by Kristian Soltes
Legal and Regulatory Developments SPOTLIGHT: Visa Is Doing What Big American Companies Do to ‘Protect This Business’The New York Times – December 2, 2020 (subscription required) Visa dominates the lucrative business of processing debit card transactions. [read post]
22 Nov 2020, 10:06 pm by Badrinath Srinivasan
" Therefore, there is no way a party can mutually agree to not raise a plea of limitation. [read post]
22 Nov 2020, 3:43 pm by Omar Ha-Redeye
Tru-Path Occupational Therapy Services Ltd. helps expound on this issue. [read post]