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2 Jul 2021, 4:27 am
As neither of the third parties had dealt with the Secretary of State, the claim could only succeed if the court said that the dealing requirement did not form part of the ratio of OBG or departed from that case (which, incidentally, was one of three cases dealt with together by the House of Lords, one of the others being better-known to IP lawyers: Douglas v Hello!). [read post]
2 Jul 2021, 2:00 am
He is also incorrect to suggest that it makes any difference whether an appellate court, when rejecting an Edwards v Bairstow challenge, expresses its agreement with the conclusion of the fact-finding tribunal or states only that the tribunal was entitled to reach that conclusion on the material before it. [read post]
2 Jul 2021, 1:51 am
The appellants’ first alternative, which involves leaving the law as stated in OBG but without a dealing requirement, would dispense with the control mechanism which the House of Lords considered to be both necessary and desirable. [read post]
1 Jul 2021, 8:46 am
Briefly, in the matter of M.A. v. [read post]
1 Jul 2021, 2:50 am
For example, in Herbai v Hungary the Strasbourg Court held that the state had a positive obligation under Article 10 to secure an employee’s right of freedom of expression as against their private sector employer. [read post]
30 Jun 2021, 2:34 am
…’ United States v Gooding, 12 Wheat 460, 25 US 478. [read post]
28 Jun 2021, 10:16 am
” This refers to the judgment of the House of Lords in the Naomi Campbell case. [read post]
27 Jun 2021, 4:15 pm
Byline Investigates had a piece “Lord Rothermere’s Mail on Sunday suffers ANOTHER humiliating defeat in the libel courts – just months after Prince Harry and Meghan Markle won their pay-outs”. [read post]
26 Jun 2021, 2:59 am
This is one of the issues in the case Facebook v Voxer [2021] EWHC 1377 (Pat). [read post]
25 Jun 2021, 3:48 am
The minority (Lord Stephens and Lord Briggs) would have dismissed Libya’s appeal on the first issue. [read post]
24 Jun 2021, 6:30 am
First, there is a lot of new material regarding the “loyal denominator” issue (see here and here): whether the former Confederate states were to be included in the Article V total of states of which three fourths were required to ratify an amendment, or whether (as I think) only three fourths of the states represented in Congress were required, because rebel states’ Article V naysaying power, like their Article I right to be… [read post]
22 Jun 2021, 1:14 am
For example, in Herbai v Hungary the Strasbourg Court held that the state had a positive obligation under Article 10 to secure an employee’s right of freedom of expression as against their private sector employer. [read post]
16 Jun 2021, 5:32 am
The paradigm case of this kind of mandatory-phrased-as-prohibitory decree is from Lord Eldon in 1804 (Lane v. [read post]
15 Jun 2021, 7:57 am
During POCA’s passage through Parliament, the then Attorney General Lord Goldsmith QC stated that “the Concern that the negligence offence is unfair overlooks the fact that the offence in [section] 330 of failing to report to the authorities is permitted only if the prosecution proves that money laundering was planned or undertaken. [read post]
15 Jun 2021, 6:11 am
= = = = = THOMPSON v. [read post]
8 Jun 2021, 11:32 am
The end result of that litigation was that both parties agreed there was a contract between them and that it was governed by the law of the state of Pennsylvania (where it had been litigated). [read post]
2 Jun 2021, 7:06 am
See Cairns v. [read post]
30 May 2021, 4:07 pm
United States The Guardian had a piece “Chicago mayor sued by journalist for limiting interviews to reporters of color”. [read post]
23 May 2021, 4:08 pm
On 20 May 2021 the BBC published a Report by former Master of the Rolls and Supreme Court Justice, Lord Dyson into the circumstances of how BBC reporter Martin Bashir came to interview Princess Diana for the BBC Panorama in November 1995. [read post]
22 May 2021, 2:46 pm
The social events and legislative history leading to the enactment and promulgation of the NSL as a national law applied to the HKSAR under BL 18 have been summarised in HKSAR v Lai Chee Ying, ante. [read post]
