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12 Nov 2020, 6:48 am
In this post, Richard Bamforth, Kushal Gandhi and Jessica Foley, who all work at CMS and have a special interest in arbitration, comment on the decision handed down last month by the UK Supreme Court in the matter of Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38. [read post]
13 May 2015, 4:37 am
And Dillon LJ in Anheuser-Busch at pp 475-476 cited Spalding, Star Industrialand Inland Revenue Commissioners v Mullerto make the same point. [read post]
21 Oct 2018, 4:59 pm
The Cyberlaw Blog has covered the interesting case of Engine Advocacy, recently heard in the Court of Appeals of the Ninth Circuit. [read post]
3 Jan 2022, 9:35 am
The Court of Appeal held, in Nugee LJ’s lead judgment, that: Mr Print’s evidence at trial, so far as could be discerned, could not be taken as ‘remedying’ the breach. [read post]
21 Oct 2019, 1:34 am
[This writer salutes the judicial collaboration jointly undertaken by IP-heavyweight Floyd LJ along with Henderson and Peter Jackson LJJ]. [read post]
19 May 2011, 2:42 pm
It was not just to require Mr Gill to pay interest on damages relating to subsequent loss. [read post]
8 Jan 2011, 4:05 pm
In upholding the defence of qualified privilege, Simon Brown LJ said that it did not matter whether one characterised the Bar Council as owing a duty to the recipients of the communications or whether the situation was characterised as one where the parties shared a common interest in maintaining professional standards. [read post]
9 Feb 2010, 6:46 am
But what lay behind what Judge LJ said reflects what Lord Woolf was saying in Lownds and provided the Costs Judge does not purport to vary the original order or tie himself to assessing by reference to the small claims track it is quite legitimate to give effect as far as possible to the philosophy which lies behind the above statements. [read post]
14 Jul 2010, 10:32 am
Buxton LJ, with whom Latham LJ agreed, held that, ‘provided the matter complained of is by its nature such as to attract the law of breach of confidence, then the defendant cannot deprive the claimant of his article 8 protection simply by demonstrating that the matter is untrue’ ([80]). [read post]
26 Mar 2024, 2:38 am
Newey LJ, Asplin LJ and Popplewell LJ, dismissed the appeal for these reasons: Saudi Arabian Law is an Islamic system with concepts and principles far removed from those in English law and on the particular facts of the case the practice and culture of Saudi Arabian capital markets was relevant in determining the law. [read post]
25 Apr 2015, 4:57 pm
The second ground on which the injunction was sought was more interesting. [read post]
29 Aug 2023, 11:20 am
Radcliffe Investment Properties Ltd v Meeson & Ors (LANDLORD AND TENANT – SERVICE CHARGES) (2023) UKUT 209 (LC) This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder’s service charge. [read post]
14 Nov 2016, 1:52 am
Claims in foreign currency and currency conversion claims The majority upheld the High Court’s decision, with Lewison LJ setting out ten reasons for his dissent. [read post]
7 Apr 2025, 3:47 pm
There appears to me to be authority to the contrary – see Parker v Camden LBC (1986) Ch 162 (Sir John Donaldson MR at 175-6; Browne-Wilkinson LJ at 177B; Mustill LJ at 179) where the Court of Appeal contemplated making a mandatory interlocutory injunction against a local authority to restore functioning heating. [read post]
30 Nov 2009, 12:33 am
What the IPKat found more interesting, however, was the argument over added matter relating to one of the claims of the patent. [read post]
20 Dec 2008, 11:48 am
Wall LJ was particularly unhappy with this. [read post]
22 Apr 2013, 3:51 am
Guidance can be found in the case of Lyons v Lyons [2010] where Rimmer LJ comments that a best endeavours undertaking is “one that imposes a high burden of responsibility”. [read post]
18 Dec 2011, 8:56 am
It looks like a permission hearing is down in front of Lloyd LJ in the afternoon of 19 December [thanks Bill in the comments].So there we are. [read post]
20 Aug 2011, 10:51 am
’ However, what is very interesting about the Court of Appeal’s judgment in the T-Mobile case is Jacob LJ’s endorsement of Ofcom’s submissions that judicial review is infinitely flexible and that it would allow appellants the same opportunities as an appeal ‘on the merits’: “…the JR standard of review can and does mould itself to any requirement imposed by other rules of law. [read post]
14 Jun 2010, 2:16 am
Here, [t]he Respondent’s inability to demonstrate any legitimate interest in the disputed domain name, and the internal inconsistency of its explanations for why it registered the disputed domain name, further support a finding against it on this ground. [read post]
