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29 Oct 2010, 3:57 am
In that context, it has been held that “the values enshrined in Articles 8 and 10 are now part of the cause of action for breach of confidence” (See Campbell v Mirror Group Newspapers Ltd [2004] 2 AC 457 at [17] (Lord Nicholls) and that it is necessary to consider Strasbourg jurisprudence to establish the scope of that domestic cause of action, since those Articles are now “not merely of persuasive or parallel effect” but are “the very content of… [read post]
11 Jun 2011, 5:39 pm
” [3] CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1334 (QB) . [read post]
10 Dec 2010, 4:14 am
(IP Watch) The UK other Governments give the ICANN board a good working over on the new gTLD’s (The Domains) Next internet revolution will not be in English: New multilingual URLs (IP Watch) WIPO panel denies trademark holder a domain that hadn’t been used in 6 years: Webvisions Pte Ltd. v. [read post]
8 Mar 2012, 10:59 pm
This was not disclosed in the public version of the judgment for the reasons summarised by the House of Lords in Cream Holdings Ltd v Banerjee [2005] 1 AC 253 at [26], namely so as not to pre-empt publication and because doing so would mean that the Claimant “[...] could not bring an action at all without disclosing his private or confidential information, and so defeating the purpose of the proceedings. [read post]
26 Jan 2009, 8:11 pm
Oak Furniture Imports Ltd. and William Heinhuis illustrates how this extraordinary remedy is particularly suited to claims involving antiques. [read post]
15 Dec 2014, 7:25 am
.* The chorus swells - another entreaty to the AC about BattistelliMerpel recounts of another letter upon the hot issue of the suspension of a Board of Appeal, this time from Dr Tilman Müller-Stoy. [read post]
5 May 2021, 9:07 am
Duke of Bedford v Ellis [1901] AC 1 held that the damage did not need to be exactly the same – the rule should be flexible in order to do justice. [read post]
Defamation Act 2013: A summary and overview six years on, Part 1, Sections 1 to 3 – Brett Wilson LLP
28 Jan 2020, 4:39 pm
Claimant lawyers breathed a sigh of relief following the first Court of Appeal decision on serious harm in Lachaux v Independent Print Ltd [2017] EWCA Civ 1334 (see our blog here), handed down in September 2017. [read post]
7 Jun 2022, 11:45 am
(Spiliada Maritime Corpn v Cansulex Ltd (The Spiliada) [1987] AC 460) It has been argued that if the Australian “clearly inappropriate forum” test for forum non conveniens is adopted, (Voth v Manildra Flour Mills Pty Ltd (1991) 65 A.L.J.R. 83 (HC); Regie National des Usines Renault SA v Zhang [2002] HCA 10 (HC)) it is unlikely that a foreign claimant seeking compensation from a parent company in an English court would see the case… [read post]
12 May 2011, 5:54 am
This test assesses “whether a reasonable person of ordinary sensibilities, if placed in the same situation as the subject of the disclosure, rather than the recipient, would find the disclosure offensive” (in Campbell v MGN Ltd ([2004] UKHL 22, [2004] 2 AC 457). [read post]
23 May 2021, 7:21 pm
, [1987] AC 460, 478 (HL). [read post]
1 Aug 2021, 8:05 pm
Turning to the question of whether the director’s knowledge could be attributed to All Class for the purposes of disclosure, the court followed the principles from Tesco Supermarkets Ltd v Nattrass [1972] AC 153 which requires consideration of the “directing mind and will” of the company. [read post]
5 Jul 2023, 4:37 pm
Furthermore, there can be no reasonable expectation of privacy once that person has been charged with a criminal offence; still less in respect of proceedings in open court (PNM v Times Newspapers Ltd [2019] AC 161, [2017] UKSC 49 (19 July 2017)). [read post]
19 Mar 2023, 12:56 pm
” As Lord Robertson said, giving the judgment of the Privy Council in Eastern and South African Telegraph Co v Cape Town Tramways Co Ltd (1902) AC 381 at 393: “A man cannot increase the liabilities of his neighbour by applying his own property to special uses, whether for business or pleasure. [read post]
6 Apr 2015, 7:31 am
The previous week's Katposts lined up like this:* It's not over till the Pink Lady sues: crunch time for apple appeal and applicationJeremy reports on Case T 378/13 Apple and Pear Australia Ltd and Star Fruits Diffusion v OHIM, Carolus C. [read post]
18 Apr 2018, 2:25 pm
Ltd, ZTE Corporation and Ors [2018] EWHC 808 (Pat). [read post]
18 May 2021, 2:28 pm
., 29 S.W.3d 74, 77 (Tex. 2000) (citing ACS Invs, Inc. v. [read post]
25 Nov 2010, 4:08 pm
This is in line with one of the “limiting principles” in the law of breach of confidence, as stated in the Spycatcher litigation (Attorney-General v Observer Ltd [1990] 1 AC 109 HL) that the law would not protect the trivial or the anodyne. [read post]
20 Nov 2011, 6:20 am
The White Book, Woodfall and one county court case (Hillbrow (Richmond) Ltd v Alogaily 2005) say that a default judgment isn't good enough. [read post]
13 Apr 2018, 8:52 am
Considering Shevill v Presse Alliance SA (Case C-68/93) [1995] 2 AC 18, the ECJ had emphasised that the object of article 5(3) was to allocate jurisdiction by reference to the place where an event considered harmful occurred. [read post]
