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8 Feb 2021, 11:05 am by Josh Blackman
I ultimately did not answer this question, but said the question was open under Walter Nixon v. [read post]
8 Feb 2021, 8:21 am by Robbie Stern
Despite its ruling, Court of Appeal accepted the basic principle in R (L) v Commissioner of Police for the Metropolis  [2009] UKSC 3 (at [45] per Lord Hope) that neither imperative takes precedence over the other. [read post]
7 Feb 2021, 1:01 pm by Josh Blackman
The clause states: "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States. [read post]
6 Feb 2021, 2:26 pm by Steve Gottlieb
And the closing words of Article V read that “no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. [read post]
29 Jan 2021, 7:20 am by Nicolas Round (Bristows)
The judge began with a broad definition: Stated generally the law is clear that patents are directed to those likely to have a real and practical interest in the subject matter of the invention[2]. [read post]
17 Jan 2021, 4:11 pm by INFORRM
United States The Supreme Court of the State of New York’s Second Department has overturned a decades-old precedent when it ruled that a false claim of homosexuality is no longer defamation per se. [read post]
14 Jan 2021, 11:46 am by Sarah Waller
Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020. [read post]
12 Jan 2021, 11:01 am by Chukwuma Okoli
Deconstructing Rubin v Eurofinance SA and its impact on the recognition and enforcement of foreign insolvency judgments at common law” It was Lord Hoffmann who once spoke of a “golden thread” of modified universalism running throughout English Insolvency Law since the eighteenth century. [read post]
11 Jan 2021, 2:56 am by INFORRM
  The application was referred to a single Lord/Lady Justice for decision on 30 December 2020. [read post]
6 Jan 2021, 8:04 am by CMS
That decision was challenged by BAI, one of P&O’s competitors, and the GC annulled the Commission’s decision on the grounds that it had misinterpreted the State Aid rules (Case T-14/96 Bretagne Angleterre Irelande (BAI) v European Commission). [read post]
4 Jan 2021, 5:49 am by Ralf Michaels
Senior judges have repeatedly noted the excesses of the Spiliada regime, in terms of the time, expense and judicial resource spent in litigating questions about the appropriate forum (see, most recently, Lord Briggs in Vedanta Resources Plc v Lungowe [2019] UKSC 20, [6]-[14]), yet they and the rule makers have done little or nothing about it. [read post]
1 Jan 2021, 8:06 am by Joel R. Brandes
In re H (A Minor) (Abduction: Rights of Custody), [2000] 2 A.C. 291, 1999 WL 1319095 (appeal taken from Eng.); see Fawcett v. [read post]
23 Dec 2020, 1:47 am by CMS
Lord Justice Richards went on to state that this applied even where the belief was unreasonably held. [read post]
22 Dec 2020, 9:17 am by Giles Peaker
Further, following Lady Hale and Lord Kerr’s judgments in ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4, Article 3(1) of the United Nations Declaration on the Rights of the Child 1959 should be applied such that a primacy of importance must be given to the best interests of a child. [read post]
20 Dec 2020, 11:02 am by Anastasiia Kyrylenko
 Trade Marks GuestKat Nedim Malovic commented on the CJEU judgment in Ferrari SpA v DU, C–720/18 and C–721/18 concerning the scope of ‘genuine use’ in trade mark law. [read post]