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16 Sep 2019, 9:06 am
The issues were: (1) whether ECHR Article 8 was engaged; (2) whether the SWP’s activities were “in accordance with the law”; and (3) whether the SWP’s activities were “necessary in a democratic society” in the interests of one of the objectives stated in Article 8(2), in accordance with the four-part test set out by the UK Supreme Court in Bank Mellat v Her Majesty’s Treasury (No 2) [2014] AC 700. [read post]
15 Sep 2019, 1:05 pm
Moreover, we know from Bruton v London & Quadrant Housing Trust (1999) UKHL 26; (2000) 1 AC 406 that it is perfectly possible for a landlord to grant a tenancy that exceeds their own interest in the property, so it would not be necessary for WHC to have a lease of the property to be the landlord. [read post]
10 Sep 2019, 3:31 pm
| Turning the AC off as no likelihood of confusion is found: AC Milan survives AC Marriott opposition | “Intellectual Property and the Visual” ISHTIP 2019 | CIPA seminar on the revised Rules of the Procedure of the Board of Appeal | Book Review: The Right of Communication to the Public in EU Copyright Law | Book Review: The Sir Hugh Laddie Lectures: The First Ten Years [read post]
6 Sep 2019, 12:14 am
The Court applied the well-established test for proportionality (see Bank Mellat v Her Majesty’s Treasury (No 2) [2014] AC 700),whether the objective of the measure pursued is sufficiently important to justify the limitation of a fundamental right; whether it is rationally connected to the objective; whether a less intrusive measure could have been used without unacceptably compromising the objective; and whether, having regard to these matters and to the severity of the… [read post]
5 Sep 2019, 12:49 am
This is a live blog of the reclaiming motion (appeal) hearing in the challenge brought by Joanna Cherry QC MP and others for judicial review of the Government’s ability to prorogue the UK Parliament. [read post]
21 Aug 2019, 8:53 am
The film has been controversial due to the participation of Jerry Media, which was heavily involved in the festival and their participation is seen as a conflict of interest. [read post]
15 Aug 2019, 9:05 pm
Environmental Protection Agency (EPA) for repealing the Clean Power Plan and replacing it with the Affordable Clean Energy (ACE) rule, which loosens federal carbon emissions standards. [read post]
14 Aug 2019, 7:25 am
Ethicon Ltd [1975] AC 396. [2] Campus Oil v Minister for Industry [1983] IR 38. [3] Okunade v. [read post]
8 Aug 2019, 6:31 am
ACS directly placed the child in the home of his paternal aunt. [read post]
7 Aug 2019, 4:59 pm
Lord Bannatyne’s judgment affirms, for the first time, that Scottish common law recognizes a right to privacy which is on all fours with the right recognised in England and Wales since Campbell v MGN [2004] 2 AC 457 [126]. [read post]
6 Aug 2019, 11:00 pm
How do you retire when you have no money? [read post]
6 Aug 2019, 1:36 am
But in doing so, it (even if only indirectly) invites interested parties to submit tenders that constitute patent infringement. [read post]
5 Aug 2019, 10:57 am
At the time, Solera had primary and excess D&O liability insurance policies issued by a group of insurers, including Chubb Ltd. units, Ace American Insurance Co. and Federal Insurance Co. [read post]
3 Aug 2019, 12:10 pm
Suffice it to say at this juncture that the law is settled in this area: the Supreme Court having reconsidered the requirement that all tenancies must be for a term certain, and giving the rule renewed (if, it must be said, grudging) approval in Mexfield Housing Co-operative Ltd v Berrisford(2012) 1 AC 955. [read post]
3 Aug 2019, 11:33 am
Four eDiscovery Areas of Interest for Data and Legal Discovery Professionals eDiscovery Market Size (Planning) Mergers, Acquisitions, and Investments (Tracking) eDiscovery Business Confidence (Projecting) Cost of eDiscovery (Pricing) An explanation with examples of each of these resources is provided below for your consideration. [read post]
1 Aug 2019, 11:22 am
Wheeler, No. 3:18-cv-02194-AC, 2019 WL 2304252 (D. [read post]
27 Jul 2019, 5:24 pm
The application was successful, but as a result of the Ac, the mother was put to unnecessary expense. [read post]
25 Jul 2019, 3:04 pm
Around this time, Wattles and Exide turned to Exide’s insurer, Ace American Insurance Company (Chubb), for payment. [read post]
25 Jul 2019, 6:32 am
A small increase in efficiency reported in recent years has been off-set by a rise in the number of appeals filed.Following a user consultation (IPKat post here), the revised RPBA were unanimously approved by the Administrative Council (AC) at the end of June this year. [read post]
23 Jul 2019, 2:46 am
Boskalis relied on legal authorities on exclusion and limitation clauses, according to which “clarity of contractual language” is required for provisions that “restrict the rights and remedies normally available to a party” (see, inter alia, Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd [1974] AC 689). [read post]