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25 Jun 2018, 12:05 pm
Since the Mascaros failed to prove that their use of the Property for topsoil manufacturing and screening was legally established under either Riverton City or Salt Lake County jurisdiction, the court found the Appeal Authority properly upheld the Commission’s denial of the request for nonconforming use status LJ Mascaro Inc. v Herriman City, 2018 UT 12766 (6/21/2018) [read post]
20 Jun 2018, 4:55 pm
As Moses LJ explained in R (Malik) v Waltham Forest NHS PCT, at [86], since a business cannot sell its reputation, its financial value lies solely in its effect on future income. [read post]
20 Jun 2018, 2:33 am
The Appeal The appeal was heard by Gross, McFarlane and Coulson LJJ Gross LJ, described the principal issues as follows: Did the spreadsheet contain TLU’s and TLV’s private and/or confidential information? [read post]
14 Jun 2018, 7:12 am
Issues to be decided by the Supreme Court Longmore LJ held that a duty of care in negligent misstatement could not be owed to an undisclosed principal and that Playboy, as Burlington’s undisclosed principal, was not owed a duty of care. [read post]
14 Jun 2018, 2:01 am
The judgment did not deal with infringement on the newly established basis of equivalents and it is, perhaps, noteworthy that the Judge quoted Jacob LJ in Virgin: “[…] it further follows that there is no general ‘doctrine of equivalents”. [read post]
13 Jun 2018, 2:53 am
Briggs LJ noted that jurisdiction within section 37(1) SCA in substance reflects an originally unfettered jurisdiction exercised by the Court of Chancery on equitable principles. [read post]
1 Jun 2018, 12:43 am
But the idea that nothing has changed was considered to be fanciful by Elias LJ who held that it is not legitimate to have regard to public interest considerations unless s 117B(6) itself permits otherwise either explicitly or implicitly. [read post]
22 May 2018, 6:53 am
The dissenting judgment of Arden LJ Arden LJ took a different view. [read post]
8 May 2018, 6:37 am
Parfummarkenapplied Nintendo but Kitchin LJ respectfully expressed doubt that it did so correctly, pointing to the potential for acts of infringement online to escape liability by falling between the cracks of two potential jurisdictions. [read post]
3 May 2018, 8:10 am
Arden LJ, with whom Asplin LJ agreed, took the points on statutory interpretation and the doctrine of precedent narrowly. [read post]
1 May 2018, 1:02 pm
As Floyd LJ determines in this judgement, “procedural rules such as this are the servants of justice and not the other way round. [read post]
29 Apr 2018, 4:16 pm
On the same day the Divisional Court (Singh LJ and Holgate J) handed down judgment in the of Liberty v Home Office [2018] EWHC 975 (Admin) declaring that the data retention provisions of Investigatory Powers Act are incompatible with EU law. [read post]
20 Apr 2018, 10:08 am
The Law Library of Congress and the American Bar Association Standing Committee on the Law Library of Congress will co-sponsor the annual Law Day 2018 event on Tuesday, May 1 at 3:00 p.m. in Room LJ-119 of the Jefferson Building. [read post]
20 Apr 2018, 1:56 am
In the Court of Appeal Treacy LJ (with whom the other members of the Court agreed) acceded to the plea for a purposive approach and was even moved to adopt the rule in Inco Europe Ltd v First Choice Distribution permitting the courts to correct obvious legislative mistakes by reading in, omitting or substituting words. [read post]
17 Apr 2018, 10:55 am
(ii) Summary judgment against Illumina on the basis of issue estoppel The defendants’ application to enter summary judgment in respect of the new claim was brought on the basis of issue estoppel; namely, that it had already been decided that Illumina did not have standing to sue as it was not an exclusive licensee under the patents being enforced and that it should not be entitled to reopen this question.Carr J explained the law on issue estoppel by reference to Keith LJ’s… [read post]
17 Apr 2018, 12:56 am
In the leading judgment, Lloyd Jones LJ rejected Haven’s argument that previous cases demonstrated that the principle of equitable interference would only apply in cases where there is express notice of the lien (the CFA with Edmondson). [read post]
15 Apr 2018, 4:02 pm
On the same day Newey LJ granted permission to appeal in the case of Various Claimants v MGN but did not order expedition. [read post]
6 Apr 2018, 2:00 pm
Gus G. [read post]
3 Apr 2018, 7:15 am
Floyd LJ also agreed with statements made by Jacob LJ in Markem v Zipher [2005] EWCA Civ 267 that cross-examination on key evidence is important for procedural fairness, not just from the perspective of the parties, but also the witnesses. [read post]
28 Mar 2018, 8:14 am
"And then, at [247], addressing Regeneron v Genentech [2013] EWCA Civ 93:"In discussing the general legal principles applicable to the insufficiency attack, Kitchin LJ (with whom Longmore and Moses LJJ agreed) said this at [100]-[101]: "It must therefore be possible to make a reasonable prediction the invention will work with substantially everything falling within the scope of the claim or, put another way, the assertion that the invention will work across the… [read post]
