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16 Sep 2024, 1:59 am by Allison Williams and Amy King
In the SCA case of, Haupt t/a Soft Copy v Brewers Marketing Intelligence (Pty) Ltd and Others [2006] SCA 39 (RSA) (Haupt case), the Court provided clarity on the notion and underlying meaning of “control” within the context computer programs. [read post]
29 Jul 2016, 2:21 am by Karon Monaghan QC
In a case brought by Rights of Women determined in February this year, the Court of Appeal concluded that Regulations made under LASPO requiring victims of domestic violence to satisfy onerous evidential requirements directed at establishing the necessary victimhood as a condition of a grant of legal aid, were contrary to the purpose of LASPO and unlawful (R (Rights of Women) v Secretary of State for Justice [2016] EWCA Civ 91). [read post]
25 May 2012, 5:35 am by INFORRM
Judgment In this judgment, after setting out the background Tugendhat J considered submissions made as to his statement in his earlier judgment that “trial with a jury will generally be ordered as a matter of discretion, in particular where the state, or a public authority, is a defendant” [35] He accepted that, in the light of cases such as H v Ministry of Defence ([1991] QB 103) and Racz v Home Office ([1994] 2 AC 45)  he should have omitted the word… [read post]
20 Apr 2012, 6:22 am by Matthew Shultz
The Fourth Circuit (Traxler, C.J.) has issued a unanimous decision in Rosetta Stone Ltd. v. [read post]
24 Sep 2023, 9:01 pm by renholding
  As we discuss further in Section IV, SB 264 is also the subject of  a constitutional and statutory challenge in the federal courts in the case of Shen v. [read post]
11 Oct 2017, 12:50 pm by Jenny Schu
It should not, in other words, be applied outside the facts that give rise to its application or in a manner that is contrary to the plain meaning of statutory language. [read post]