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16 Jun 2023, 1:29 am
Of most significance to these appeals is the Court of Appeal decision in Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194) (‘Novo’) Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194 (18 March 2013) (bailii.org). [read post]
15 Jun 2023, 12:16 am
National Association of Self-Employed and Small Businesses Ltd [1982] AC 617, [at 10] and noted the particular relevance to the instant case of McCourt [2020] EWHC 2320 (Admin). [read post]
14 Jun 2023, 3:09 am
Ltd v Babco Forwarding & Shipping (UK) Ltd. [1978] AC 141 (“Buchanan”), the House of Lords decided by a 3:2 majority that the broad interpretation should be adopted. [read post]
12 Jun 2023, 1:50 am
Ltd v Babco Forwarding & Shipping (UK) Ltd. [1978] AC 141 and hold that excise duty payable in respect of goods which are stolen in the course of international carriage by road cannot be claimed under article 23.44 of the Convention on the Contract for the International Carriage of Goods by Road 1956. [read post]
26 May 2023, 5:50 am
Following the decisions in Gulati v MGN Limited [2017] QB 149 and Lloyd v Google LLC [2022] AC 1217, one may have thought that a misuse of private information claim was more advantageous. [read post]
1 May 2023, 9:01 pm
Over the past several years, the use of non-disclosure agreements (“NDAs”) has received significant public scrutiny following their controversial use in a number of high profile harassment claims.[1] NDAs were back in the headlines earlier this year following the leak to the Telegraph of around 100,000 Whatsapp messages belonging to the former UK Health Secretary Matt Hancock.[2] The messages, which revealed Mr Hancock’s communications with other members of the government during… [read post]
21 Apr 2023, 2:55 am
DIS=151622 [2] For the legal statement, please refer to: https://technation.io/lawtechukpanel/ [3] For the decision of Ruscoe v Cryptopia Ltd (In Liquidation) [2020] NZHC 728, please refer to: http://www.nzlii.org/nz/cases/NZHC/2020/728.html [read post]
14 Apr 2023, 1:50 am
In this post, Karen Denny (Partner) and Zainab Hodgson (Senior Associate) in the Litigation & Arbitration Team at CMS, comment on the highly anticipated judgment in The Law Debenture Trust Corporation plc v Ukraine (represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine) [2023] UKSC 11 – handed down on 15 March 2023. [read post]
27 Mar 2023, 3:05 am
By virtue of a majority House of Lords decision in James Buchanan & Co Ltd v Babco Forwarding & Shipping Limited [1978] AC 141 (“Buchanan”), the words “… carriage charges, customs duties and other charges incurred in respect of the carriage of the goods …” for which the carrier is liable under CMR, art 23.4 are given a broad interpretation and include excise duty imposed when the goods were stolen. [read post]
19 Mar 2023, 12:56 pm
” As Lord Robertson said, giving the judgment of the Privy Council in Eastern and South African Telegraph Co v Cape Town Tramways Co Ltd (1902) AC 381 at 393: “A man cannot increase the liabilities of his neighbour by applying his own property to special uses, whether for business or pleasure. [read post]
7 Mar 2023, 12:00 am
Here is the abstract: A recent decision of the United Kingdom Supreme Court, Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2019] AC 119, held that compliance with form requirements for contractual modification is mandatory, and that non-compliant agreements are ineffective. [read post]
25 Feb 2023, 6:50 pm
The critics and cheerleaders of Dr. [read post]
24 Feb 2023, 5:11 am
In this post, Lisa Fox, a senior associate in the litigation team at CMS, previews the decision awaited from the Supreme Court in London Borough of Merton v Nuffield Health Ltd. [read post]
4 Jan 2023, 1:34 am
It considered the scope of a defendant’s duty of care laid down in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 (“SAAMCO”) as determinative of the issue. [read post]
28 Dec 2022, 3:50 am
World Development Movement Ltd [1994] EWHC Admin 1. [read post]
17 Dec 2022, 4:40 am
(This post is written by Chen Zhi, a Ph.D. candidate at the University of Macau, a trainee lawyer in Mainland China) The arbitration-favored policy has been adopted by many jurisdictions across the world in recent years, as the support of arbitration by local judiciaries has been viewed as an important standard for gauging the business environment of a jurisdiction. [read post]
22 Nov 2022, 7:23 am
Given this blog's frequent reporting and commentary on automotive patent licensing, I wanted to share some thoughts and observations on that pool.MPEG LA's website explains that this pool relates to "technologies underlying worldwide standards for conductive AC and DC charging, connection, communication and safety used in equipment that provides electric charging in and to electric vehicles. [read post]
12 Nov 2022, 10:45 am
In the didactic genre (or subgenre), “mirrors for princes,” philosophers instruct kings and princes how to rule. [read post]
2 Nov 2022, 6:07 am
Moreover, in Pioneer Aggregates (UK) Ltd v Secretary of State for the Environment [1985] AC 132 the House of Lords held that there is no room for any principle of abandonment in planning law. [read post]
1 Nov 2022, 9:22 am
., which does business as ACE Cash Express, the Texas federal district court hearing the CFPB’s enforcement action against Populus has stayed the lawsuit until after the Fifth Circuit issues its mandate in Community Financial Services Association of America Ltd. v. [read post]
