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30 Jul 2019, 3:54 am
The Decision Issue 1: The scope of the restraint of trade doctrine However, the SC declined to rule on the boundaries of the restraint of trade doctrine, merely approving the adoption of the “broad, practical, rule of reason approach” proposed by Gross LJ in Proactive Sports Management Ltd v Rooney [2011] EWCA Civ 1444, [2012] IRLR 241. [read post]
29 Jul 2019, 4:00 pm
Ikard, Jr & Adam Herron recently published an Article entitled, Standing, Capacity, and Necessary Parties in Trust Litigation, 11 Tex Tech Est Plan Com Prop LJ 255 (2019). [read post]
29 Jul 2019, 11:09 am
This interpretation of ground 15A accords with the fact that the time provisions in ground 16 (and now ground 15A) are there “to ensure that the relative is not disturbed … so much later [than the death] that he is settled into the property as his own long-term home” (to quote from Laws LJ in the Newport case). [read post]
28 Jul 2019, 4:05 pm
The Trinity Term (and hence the legal year) ends on 31 July 2019. [read post]
24 Jul 2019, 4:00 pm
LJ, 213-254 (2019). [read post]
23 Jul 2019, 8:35 am
Allowing the appeal, the Court of Appeal (Floyd LJ giving leading judgment, Lewison LJ in agreement) considered that, in light of the waiver from ZyXEL, there was no useful purpose in determining the scope and terms of the licence which TQ Delta is bound to offer – ZyXEL had said that they have no interest in deploying a licence, whatever its terms would ultimately prove to be, to prevent the grant of an injunction. [read post]
23 Jul 2019, 2:46 am
It reasoned that this type of clause is integral to pricing and risk allocation between commercial parties, citing Lewison LJ’s dictum in Interactive E-Solutions JLT v O3B Africa Ltd [2018] EWCA Civ 62 with approval. [read post]
21 Jul 2019, 4:03 pm
On 16 and 17 July 2019 the Court of Appeal (Sharp P, Vos C and Davis LJ) heard the appeal against the judgment of Warby J in the case of Lloyd v Google LLC. [read post]
19 Jul 2019, 3:39 am
But Floyd LJ disagreed, considering that the terms of the waiver was sufficient to dispense with RAND entirely. [read post]
18 Jul 2019, 2:43 am
Gross LJ emphasised that the question of the classification of the term was one of construction, reviewing the key authorities on the classification of terms and reiterating the guidance summarised in Spar Shipping. [read post]
14 Jul 2019, 4:56 pm
Confidential emails from the UK’s ambassador in Washington which criticised President Donald Trump were leaked. [read post]
30 Jun 2019, 4:07 pm
On 20 June 2019 the Court of Appeal (Males LJ) granted Bloomberg LP permission to appeal in the case of ZXC v Bloomberg. [read post]
29 Jun 2019, 4:38 am
(Mummery LJ, [31]). [read post]
21 Jun 2019, 8:29 am
In the Court of Appeal, Bean LJ (giving the leading judgment) noted that his pension was far more advantageous than it would be if he had not become permanently incapacitated from his job (since in that situation he would lose his entitlement to any pension until his normal retirement age of 67). [read post]
16 Jun 2019, 4:34 pm
There was a news item about the case on the 5RB website On the same day Haddon-Cave LJ refused permission to appeal in the case of Burgon v NGN. [read post]
9 Jun 2019, 4:26 pm
IPSO has published a number of rulings and resolution statements since our last Round Up: 00170-19 Salih v The Daily Telegraph, 1 Accuracy (2018), 12 Discrimination (2018), No breach – after investigation 07959-18 UWE Bristol v Bristol Post, 1 Accuracy (2018), 10 Clandestine devices and subterfuge (2018), Breach – sanction: action as offered by publication 02852-19 Cook v Stamford Mercury, 1 Accuracy (2018), 2 Privacy (2018), No breach – after investigation 00457-18 Tabor-Thickett… [read post]
1 Jun 2019, 9:15 am
" – Lewison LJ, in HTC Europe Co Ltd v Apple Inc [2013] EWCA Civ 451 [143]. [read post]
31 May 2019, 3:15 am
”Officious bystander says "No"Jacob LJ, on appeal, in the Griggs case, considered an alternative to the assignment, namely a limited licence. [read post]
29 May 2019, 12:22 pm
If the defendant "knew the risk and decided it was best not to remove it" then that is a factor in favor of maintaining the status quo and granting an injunction (see Aldous LJ in SmithKline Beecham v Apotex [2003] FSR 31 at [40]; see also Arnold J in Warner-Lambert v Actavis [2015] EWHC 72 at [133]). [read post]
23 May 2019, 4:26 am
Relying on R (Cart) v The Upper Tribunal [2011] UKSC 28, the majority noted that there is a strong interpretative presumption against the exclusion of judicial review, other than by “the most clear and explicit words” (Laws LJ in Cart at the Court of Appeal). [read post]
