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21 Mar 2022, 5:44 pm
The Bill and the 2013 Act – Similar but Different Much has been made of the opportunity for greater alignment in Northern Ireland with the law in England and Wales. [read post]
28 Dec 2020, 4:31 pm
More controversially, in Napag Trading v Gedi Gruppo Editoriale (2020) it was agreed between Counsel for the parties and accepted by Jay J. that even if a claimant’s centre of interests were found to be England, it would still be necessary “as a prior condition” for the claimant company to establish that “there has been publication in England and Wales and that the First Claimant has suffered “serious harm” (including “serious financial… [read post]
24 May 2016, 5:32 am
See, Ari v. [read post]
29 Aug 2009, 9:41 pm
Tipperary Developments Pty Ltd v The State of Western Australia [2009] WASCA 126 (22 July 2009) Related posts:Inconsistent State Laws in Australia Australian commentators have long speculated about whether the federal...Broad Grounds for Service of Australian Originating Process Outside of Australia in Tort Cases Heilbrunn v Lightwood PLC [2007] FCA 433 is a...Article on the Dichotomy of Substance and Procedure Martin Illmer has written an article titled:… [read post]
22 Jul 2019, 1:00 am
Patel v Secretary of State for the Home Department; Secretary of State for the Home Department v Shah, heard 7 May 2019. [read post]
24 Jul 2017, 1:35 am
The Lord Advocate submits that vodka is of particular relevance in its sale in Scotland versus England and Wales, at the rate below the fifty pence rate. 1510: The Lord Advocate addresses the Court that Scotland has a per capita consumption of alcohol which is higher than England and Wales and alcohol mortality rates for men in Scotland were double than those in England and Wales, with a similar pattern for women. [read post]
1 May 2014, 3:19 pm
Case T 647/11 Asos plc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Roger Maier, a decision of the General Court of the European Union (Seventh Chamber) this past Tuesday, is just one piece in a rather larger jigsaw of interlocking litigation between two assertive brand owners. [read post]
24 Mar 2012, 2:16 am
The Joint Committee, while stating that it believed that “the extent of libel tourism has been exaggerated in some quarters”, supported the thrust of this proposal, but sensibly recommended that the Bill should “make clear that residents in England and Wales may sue in this jurisdiction in respect of publication abroad provided there has been serious and substantial harm suffered by them. [read post]
19 Oct 2017, 4:05 pm
The court’s jurisdiction The defendants were Twitter entities incorporated in Ireland and the United States. [read post]
24 Apr 2009, 3:25 pm
: Product Liability in England & Wales General Liability Principles Product liability claims in England may be made under the Consumer Protection Act 1987 (“CPA”), in negligence or in respect of breach of contract. [read post]
28 Apr 2013, 8:40 am
Reciting Seager v Copydex and Banks v EMI Songs, the former judge stated that 'where an inventor wanted to sell his idea for money, money is what he got'. [read post]
9 Jun 2014, 4:00 am
R (Whiston) v Secretary of State for Justice, heard 26 March 2014. [read post]
24 Feb 2020, 12:56 pm
| Furry thoughts on Sky v. [read post]
23 Jun 2014, 2:44 am
R (Whiston) v Secretary of State for Justice, heard 26 March 2014. [read post]
16 Jun 2014, 1:58 am
R (Whiston) v Secretary of State for Justice, heard 26 March 2014. [read post]
16 Oct 2020, 3:32 am
While Lord Millett in Bolkiah had explicitly stated that the assessment should not be a balancing exercise, this depended on there being a fiduciary duty owed by a solicitor to a former client to prioritise his interests. [read post]
22 Dec 2014, 3:41 am
Private copying levy systems are not harmonised in the EU, and some Member States do not even collect levies or decided to get rid of them altogether. [read post]
16 Mar 2023, 9:00 pm
Doe v. [read post]
8 Aug 2023, 1:00 am
In Ensygnia v Shell, Miss Charlotte May KC (sitting as Deputy Judge in the High Court of England and Wales) considered how a post-grant amendment which added the phrase that certain embodiments "fell outside the scope of the claims", might affect claim interpretation. [read post]
30 Nov 2023, 12:44 pm
I would add that the same is true of the relevance of the creative process, especially if this was intended as an intention to create something 'artistic': the author’s state of mind, intention, sanity or lack thereof count and should count 0. [read post]
