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31 Jul 2012, 4:02 pm
., ARUP USA, Inc. and Daelim Industrial Co, Ltd., among others. [read post]
22 Oct 2010, 7:15 am
As had been held by the HL in Secretary of State for the Home Department v JJ [2008] 1 AC 385, deprivation of liberty might take a variety of forms other than classic detention in prison or strict arrest. [read post]
24 Apr 2012, 10:57 am
., ARUP USA, Inc. and Daelim Industrial Co, Ltd., among others. [read post]
26 Jan 2009, 6:32 am
Overall, the amount looks insignificant in light of the final award.The Court cited to prior cases for authority, including ACE Ltd v CIGNA Corp, 2001 WL 1286247 and Marisol A. v Giuliani, 111 F.Supp.2d 381, at 397, both NY cases, noting that the minimum detail it wanted would be a statement of the general subject matter of the time.The Court explained the types of out-of-pocket expenses recoverable in a fee application too, noting that "as long as they were 'incidental… [read post]
1 May 2023, 9:01 pm
Over the past several years, the use of non-disclosure agreements (“NDAs”) has received significant public scrutiny following their controversial use in a number of high profile harassment claims.[1] NDAs were back in the headlines earlier this year following the leak to the Telegraph of around 100,000 Whatsapp messages belonging to the former UK Health Secretary Matt Hancock.[2] The messages, which revealed Mr Hancock’s communications with other members of the government during… [read post]
17 Jun 2020, 1:12 am
Inghams sought to restrain the referral to arbitration and failed at first instance; see Inghams Enterprises Pty Ltd v Hannigan [2019] NSWSC 1186. [read post]
22 Jul 2014, 7:19 am
They were certainly central to the finding of the UKSC in Axa General Insurance Company Ltd v Lord Advocate [2011] UKSC 46 [2012] AC 868 that statutes of the devolved legislatures were subject to a form of common law review (for breach of the rule of law and/or fundamental common law rights). [read post]
11 Jan 2011, 10:51 am
Driefontein Consolidated Gold Mines Ltd.(1902) AC 484: "Public Policy is always an unsafe and treacherous ground for legal decision". [read post]
15 Jun 2011, 4:56 am
Lupin Ltd. et al. [read post]
17 Dec 2010, 3:34 am
Co., Ltd. [read post]
2 Jul 2019, 4:09 pm
“Likely” in this context normally means “more likely than not”, though a lesser prospect of success may suffice where the Court needs a short time to consider evidence/argument, or where the adverse consequences of publication might be extremely serious: Cream Holdings Ltd v Banerjee [2005] 1 AC 253 [16]-[23] (Lord Nicholls); ABC v Telegraph Media Group Ltd [2018] EWCA Civ 2329 [2019] EMLR 5 [16]. [read post]
1 Jan 2016, 1:13 pm
Judicial observations such as those of Lord Reid in Wickman Machine Tools Sales Ltd v L Schuler AG [1974] AC 235, 251 and Lord Diplock in Antaios Cia Naviera SA v Salen Rederierna AB (The Antaios) [1985] AC 191, 201, quoted by Lord Carnwath at para 110, have to be read and applied bearing that important point in mind. [read post]
4 Oct 2011, 12:56 pm
The Individuals, Mandell, Shea, and Passaro were indicted on multiple counts of securities fraud, and conspiracy to commit securities fraud, mail fraud, and wire fraud in connection with the sale of the securities of Sky Capital Holdings, L.L.C. and Global Secure Holdings, Ltd. and were charged by the United States Securities and Exchange Commission with violation of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act for fraud in connection with the sale of the… [read post]
18 Dec 2015, 9:11 am
The more unreasonable the result, the more unlikely it was that the parties could have intended it, and if they did intend it the more necessary it was that they should make that intention abundantly clear: Wickman Machine Tools Sales Ltd v L Schuler AG [1974] AC 235, 251; If detailed and syntactical analysis of words in a commercial contract was going to lead to a conclusion that flouted business common sense it must yield to business common sense”: Antaios Cia Naviera SA v… [read post]
22 Feb 2020, 3:35 pm
The Court of Appeal began with the ‘reasonable recipient’ test in Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd (1997) AC 747 which concerned notices under break clauses in commercial leases. [read post]
22 Feb 2020, 3:35 pm
The Court of Appeal began with the ‘reasonable recipient’ test in Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd (1997) AC 747 which concerned notices under break clauses in commercial leases. [read post]
28 Oct 2021, 8:13 am
Afghanistan Ltd, No. 350393 (Mich. [read post]
14 Jun 2010, 10:00 pm
In the alternative – if that analysis was wrong – the judge found that the decision to make and affirm the Order must be part of a process of determination of the bank’s civil rights of the kind analysed by Lord Clyde in R (Alconbury) Ltd v Secretary of State for the Environment [2003] 2 AC 295 in paragraphs 145 to 160. [read post]
10 May 2010, 5:06 pm
In the House of Lords case of Majrowski v Guys and St Thomas’s [2007] 1 AC 224, Baroness Hale said: “All sorts of conduct may amount to harassment. [read post]
29 Nov 2018, 9:05 am
Submissions of Privacy International and the Interested Parties Lord Justice Sales recorded the submissions of Privacy International, which, in summary, were that: RIPA 2000, s 67(8) is not drafted in sufficiently clear language to exclude a right to apply to the High Court for judicial review, particularly as s 67(8) ought to read in a narrow and restricted way in line with established principle; the restrictive approach to interpretation of ouster clauses which is illustrated by… [read post]