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26 Jan 2024, 1:15 am
Aplin LJ and Nugee LJ allowed the appeal, with Bean LJ dissenting. [read post]
25 Jan 2024, 12:32 pm
At the Berkeley Tech LJ: ABSTRACT The European Union’s Digital Services Act (DSA) offers a new model for regulating online services that allow users to post things. [read post]
25 Jan 2024, 12:53 am
With regard to “sufficient interest” of campaigning groups or individuals, in their written submissions the petitioners made reference to the considerations by the Administrative Court (Macur LJ, Chamberlain J) in R (McCourt) v Parole Board for England and Wales [2020] EWHC 2320 (Admin). [read post]
23 Jan 2024, 2:32 am
However, Lewison LJ reiterated that it was the provision of the additional information by NOCO which caused the communications in this instance to amount to a threat. [read post]
16 Jan 2024, 2:22 am
Clearly, legislation drafted almost five decades ago did not anticipate the situation we are seeing today with AI inventions and, as reflected in the statement of Elisabeth Laing LJ in the Court of Appeal decision, “Whether or not thinking machines were capable of devising inventions in 1977, it is clear to me that that Parliament did not have them in mind when enacting this scheme. [read post]
3 Jan 2024, 6:07 am
The Supreme Court adopted the explanation of Nugee LJ in the Court of Appeal that the public benefit requirement in English charity law has two aspects to it: the nature of the charitable purpose. [read post]
25 Dec 2023, 12:28 pm
Discussion in the comments was instant and prolonged.A LJ com was set up to discuss. [read post]
22 Dec 2023, 1:40 am
On the close connection test, Nicola Davies LJ concluded as follows: “[PXM] had no caring or pastoral responsibility for the pupils, a factor to which considerable weight is given in previous cases. [read post]
21 Dec 2023, 4:19 pm
Perhaps more interestingly, and certainly to me at the time, it was when the defendant distributors tried to strike out his libel claim against them on the grounds of abuse of process (Goldsmith v Sperring [1977] EWCA Civ J0223-1) in the appeal presided over by Lord Denning MR that Bridge LJ, with whom Scarman LJ expressly agreed, publicly chastised the Master of the Rolls as follows: “The Legal Liability of the Distributors. [read post]
20 Dec 2023, 8:19 pm
” See also from LJ World [read free] – New security system that monitors students’ computer use has ‘inundated’ district with alerts; leader apologizes to staff… “According to information obtained from the district on Friday, there have been 408 “detections” of concerning behavior since Gaggle’s districtwide launch on Nov. 20. [read post]
11 Dec 2023, 1:52 am
On 7 December 2023, the Court of Appeal handed down judgment in Amersi v Leslie & Anor [2023] EWCA Civ 1468, delivered by Warby LJ (with whom Underhill LJ agreed). [read post]
10 Dec 2023, 2:28 pm
The post highlights the reasoning adopted by Arnold LJ considering the post-Brexit implications on the UK copyright law.Geographical IndicationsJocelyn Bosse addressed the recent judgement of the Singapore Court of Appeal in Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Australian Grape and Wine Incorportated [2023] SGCA 37 and the registration of ‘Prosecco’ as a GI in Singapore. [read post]
4 Dec 2023, 7:41 am
In this post, Phil Woodfield and Elizabeth Lombardo of CMS comment on the Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41, which was handed down on 15 November 2023. [read post]
3 Dec 2023, 12:36 pm
Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45 Full transparency – I acted for Crisis on an intervention in this case. [read post]
30 Nov 2023, 12:44 pm
Arnold LJ however pointed out that “In fairness to the judge, […] he was not referred to any of the relevant case law on this question (although the Defendants cited BSA, they did so in relation to a different issue). [read post]
29 Nov 2023, 12:14 am
En el caso concreto, se fija la siguiente interpretación: En virtud de la cláusula residual de atribución de competencia del art. 21.1.s) LBRL, en relación con el art. 21.1.k) LBRL, el alcalde tiene atribuciones para adoptar el acuerdo de decidir el ejercicio de acciones judiciales en materia expropiatoria y, en particular, cuando se pretende impugnar un acuerdo de justiprecio del jurado de expropiación dictado en expediente de expropiación por… [read post]
27 Nov 2023, 2:36 am
Arnold LJ spent the most of his judgment considering the impact of the 10+ years of coexistence, but still concluded that the judge was alive to this and it was for him to decide how much or how little weight to give it. [read post]
24 Nov 2023, 7:38 am
The appeals were heard by Newy LJ, Arnold LJ and Stuart-Smith LJ. [read post]
20 Nov 2023, 12:15 am
Lo cierto es que, con independencia de si el tribunal de apelación puede hacer uso o no de la opción contemplada en el art. 33.2 de la LJ, esta previsión legal tan solo permite introducir en el debate procesal motivos jurídicos no apreciados por las partes, pero no hechos nuevos con trascendencia jurídica, como es el caso que nos ocupa». [read post]
19 Nov 2023, 1:16 pm
Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices. [read post]
