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27 Mar 2014, 4:00 am by Administrator
. _____________________________________ 2 Théberge v Galerie d’Art du Petit Champlain Inc, 2002 SCC 34 at para 30. 3 CCH Canadian v Law Society of Upper Canada, 2004 SCC 13 at para 16 [CCH]. 4 King Features Syndicate Inc v O and M Kleeman Ltd, [1941] AC 417 HL; Hawkes & Son (Lon- don) Ltd v Paramount Film Service Ltd, [1934] 1 Ch 593 [Hawkes & Son]. 5 We note in passing that choreography is similarly a performance-based media, realized through… [read post]
3 Mar 2014, 8:42 am
With the Illiana Corridor Transportation Group proposal, ACS Infrastructure Development, Inc. and Fengate Capital Management Ltd. would finance the project; Dragados USA, Inc., F.H. [read post]
3 Mar 2014, 2:02 am by Laura Sandwell
Durkin v DSG Retail Ltd & Anor, heard 28 January 2014. [read post]
28 Feb 2014, 2:23 pm by Sean Wainwright
  The shortlisted teams, in alphabetical order, are:  Indiana Corridor Transportation Group (joint venture of ACS Infrastructure Development, Inc. and Fengate Capital Management Ltd.), partnering with Dragados USA, Inc., F.H. [read post]
22 Feb 2014, 12:56 am by INFORRM
Plaintiffs suing for defamation seek to protect their reputation – what other people think of them, as Lord Denning (pic) defined it in Plato Films Ltd v Speidel [1961] AC 1090. [read post]
9 Feb 2014, 2:27 pm
Townend & Sons (Hull) Ltd [1979] AC 731) Lord Diplock established five criteria for a claim of extended passing off. [read post]
27 Jan 2014, 9:47 am
., Ltd. of Tokyo, Japan ("Daiichi Sankyo"); Daiichi Sankyo, Inc. of Parsippany, New Jersey ("DSI"); and Ube Industries, Ltd. of Yamaguchi, Japan alleging that Par Pharmaceutical Companies, Inc. [read post]
15 Jan 2014, 4:10 pm
Steven reports as follows:  "On Tuesday evening, members of AIPPI gathered to hear a panel discussion entitled “Re-writing Res Judicata – the effect on stays for EPO Oppositions” which centred around the long-running saga of Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46. [read post]
13 Jan 2014, 4:02 am
It therefore seems reasonable to suggest that American Cyanamid should never be followed so methodically that it produces a result so apparently inequitable.If you've not yet worked out the title, "While AC says BC, CD beats AB" means "When American Cyanamid says 'Balance of Convenience', CD (the anonymised respondent) beats AB (the anonymised applicant). [read post]
8 Jan 2014, 5:45 am by Barry Sookman
The phrase “adequacy of damages” is itself derived from the following passage from Lord Diplock’s speech in American Cyanamid v Ethicon Ltd [1975] AC 396, 408: “… the governing principle is that the court should first consider whether, if the plaintiff were to succeed at trial in establishing his right to a permanent injunction, he would be adequately compensated by an award of damages for the loss he would have sustained as a result of the… [read post]
2 Jan 2014, 1:46 pm by Giles Peaker
On i) the Court of Appeal considered various statements of principle, following on from s.2 of the Chancery Amendment Act 1858 (Lord Cairns’s Act), including Attorney-General v Blake [2001] 1 AC 268 and Sinclair v Gavaghan [2007] EWHC 2256 (Ch). [read post]
2 Jan 2014, 1:46 pm by Giles Peaker
On i) the Court of Appeal considered various statements of principle, following on from s.2 of the Chancery Amendment Act 1858 (Lord Cairns’s Act), including Attorney-General v Blake [2001] 1 AC 268 and Sinclair v Gavaghan [2007] EWHC 2256 (Ch). [read post]
30 Dec 2013, 2:13 pm
This was established in Entores Ltd v Miles Far East Corporation [1955] EWCA Civ 3 and confirmed in Brinkibon Ltd v Stahag Stahl G.m.b.h. [1983] 2 AC 34 (both cases involving telexes). [read post]
28 Dec 2013, 1:18 pm by Giles Peaker
For the leaseholders in this particular appeal, it was, however, distinctly short of glad tidings.Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580What kind of liability might there be where a leasehold property is damaged by defects in parts retained by the landlord, but where there is no express repairing covenant by the landlord? [read post]
28 Dec 2013, 1:18 pm by Giles Peaker
For the leaseholders in this particular appeal, it was, however, distinctly short of glad tidings.Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580What kind of liability might there be where a leasehold property is damaged by defects in parts retained by the landlord, but where there is no express repairing covenant by the landlord? [read post]
7 Oct 2013, 11:06 am by Lawrence B. Ebert
Hoffman-LA Roche Ltd., 580 F.3d 1340, 1362 (Fed. [read post]