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5 May 2020, 3:32 am by CMS
  Case law has found that a jurisdiction agreement in an insurance contract does not bind a third party beneficiary of insurance who is domiciled in a different contracting state and who has not expressly subscribed to the clause (Société financière et industrielle du Peloux v Axa Belgium (Case C112/03) [2006] QB 251). [read post]
30 Oct 2008, 4:38 pm
Surprisingly, but thankfully, the New England Journal of Medicine felt so strongly about the effort to shield pharmaceutical medical device manufacturers from liability, they filed an unsolicited brief with the United States Supreme Court in a case called Wyeth v. [read post]
20 Nov 2012, 10:04 am
Interflora British Unit v Marks and Spencer PLC Flowers Direct Online Limited [2009] EWHC 1095 (Ch). [read post]
26 Jan 2024, 1:00 pm by ernst
This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual… [read post]
13 Jul 2017, 9:03 am by MATHEW PURCHASE, MATRIX
The Divisional Court had little difficulty in answering the case stated in the negative. [read post]
4 Nov 2009, 1:14 am
The case of Baillie Estates Ltd v Du Pont (UK) Ltd helps to elucidate some of these questions. [read post]
12 Feb 2016, 5:02 am by INFORRM
The case related to the commercial arrangements concerning Rangers FC, a Scottish football club (but litigated in England). [read post]
27 Apr 2020, 4:12 pm by INFORRM
Strike out – When considering whether the defendant has a ‘real prospect’ of successfully defending the claim, ‘The criterion which the judge has to apply under CPR Part 24 is not one of probability; it is absence of reality’ (Three Rivers DC v Bank of England (No.3) [2001] 2 All ER 513). [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 Section 3 of the Fourteenth Amendment provides:No person [1] shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]
27 Jan 2012, 7:03 am by Marissa Miller
Today’s clippings include further commentary on the Court’s decision in the GPS tracking case, United States v. [read post]
24 Jul 2022, 12:05 am by Frank Cranmer
In London Historic Parks And Gardens Trust v Minister of State for Housing & Anor [2022] EWHC 829 (Admin), Thornton J held that the grant of planning permission had been ultra vires the London County Council (Improvements) Act 1900 and refused permission to appeal. [read post]
29 Mar 2024, 5:55 am by Vito Todeschini
The ILC’s interpretation of the prosecute or extradite principle aligns with the reasoning of the International Court of Justice (ICJ) in the 2012 Belgium v. [read post]