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19 Jul 2014, 5:01 pm by INFORRM
In the case of SRJ v Persons Unknown ([2014] EWHC 2293 (QB)) a Government contractor has failed in a bid to persuade a judge to order a firm of solicitors to give it the identity of one of its clients who is alleged to have published confidential information in internet blogs. [read post]
3 May 2012, 5:31 pm by Dawinder "Dave" S. Sidhu
  This is rather surprising given the examples referenced by the panel and the fact that the allegations are to be taken as true at this stage of the litigation. [read post]
25 Jul 2012, 5:44 pm by INFORRM
Earlier this month, the Grand Chamber of the European Court of Human Rights handed down judgment in Mouvement Raelien Suisse v Switzerland (Application no.16354/06). [read post]
10 Feb 2012, 12:41 am by John Diekman
Practice point: On a motion for failure to state a cause of action, pursuant to CPLR 3211(a)(7), the court must afford the complaint a liberal construction, see CPLR 3026; accept the facts as alleged in the complaint as true; accord the plaintiff the benefit of every possible favorable inference; and determine only whether the facts as alleged fit within any cognizable legal theory.Student note: Bare legal conclusions asserted in a complaint, however, are not presumed to be true,… [read post]
27 Nov 2008, 12:40 pm
[IPKat question: is this true of Art.5(2) infringement as well?] [read post]