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A case that has not just clarified, but in effect re-written, the rules on a fundamental principle of contractual law is the seminal case of Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Limited v Beavis [2015] UKSC 67 (Case Comment here). [read post]
12 Dec 2022, 7:46 am by CMS
The key takeaway for claimants and practitioners alike is th [read post]
18 Nov 2010, 1:59 am by INFORRM
” In other words he restrained the other non sexual information  Following the key decisions of Campbell, Lord Browne and McKennitt, the judge held: “I would certainly grant an injunction in respect of ‘salacious details’ (to adopt Lord Hoffmann’s phrase), but I would go further and restrict the communication, with a view to publication to the media, of information as to intimate conversations or activities. [read post]
22 Apr 2015, 2:00 am by INFORRM
The importance of providing full and frank disclosure in without notice applications was recently evidenced in the case of YXB v TNO ([2015] EWHC 826 (QB)) As a result of the claimant’s material non-disclosure, the High Court discharged orders granted in the claimant’s favour and denied a privacy injunction for the future. [read post]
1 Aug 2009, 7:44 pm
Here is the abstract:Hoffman v. [read post]
10 Sep 2015, 1:00 am by Radhika Kapila, Olswang LLP
Rather than using the tests established in Gilbert which were applied in the previous decisions, Lord Sumption amalgamated tests used in various Scottish cases, including Bank of Scotland v Assessor for Edinburgh [1891] 18 R 936, Burn Steward Distillers plc v Lanarkshire Valuation Joint Board [2001] RA 110 and University of Glasgow v Assessor for Glasgow [1952] SC 504  to come up with a three pronged approach comprised of the key principles of (1) geography… [read post]
26 Aug 2010, 12:39 am by INFORRM
But, as we have already said, confidentiality is not dependent upon locks and keys. [read post]
29 Apr 2013, 8:23 am
 On appeal, the defendants claim that the judgment must be reversed because the court incorrectly deprived them of the right to cross-examine the plaintiff's key witness at trial and thereafter refused to grant the defendants' request that the witness' testimony be stricken. [read post]