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20 Mar 2018, 4:58 am
Legatt LJ gave the leading judgment in which it was held that a QC with more than ten years’ experience in insurance legal practice is eligible for the appointment as arbitrator for the purposes of a clause requiring arbitrators to have “not less than ten year’s experience of insurance or reinsurance”. [read post]
19 Mar 2018, 8:30 am
(ii) Jurisdiction The justices also held that the decision in Sala is to be deprecated and that Irwin LJ’s reasoning in Khan is to be followed on the interpretation of reg 26 of the 2006 Regulations. [read post]
19 Mar 2018, 8:23 am
Laws LJ declined to make a reference to the CJEU. [read post]
15 Mar 2018, 6:13 am
Clarke LJ favoured a causative analysis that did not require implication of a limitation. [read post]
15 Mar 2018, 4:27 am
As Longmore LJ put it in a short concurring judgment, at [56], “it is not for the decision letter to ‘demonstrate’ anything; it is for the applicant to demonstrate an error of law, not the other way round”. [read post]
8 Mar 2018, 9:11 am
As Sharp LJ said, at [28]: “… to my mind it makes perfect sense for issues about the wellbeing of children caught up in possession proceedings to be dealt with at the same time and before the same tribunal whether they are raised by reference to article 8 or section 11. [read post]
5 Mar 2018, 4:18 am
Laws LJ ([2015] EWCA Civ 646, [45] et seq.) characterised this as a “sliding scale”, where the requirements of an effective investigation are most demanding at the top, e.g. investigations into state-sponsored torture lessening progressively down to negligence at the bottom. [read post]
28 Feb 2018, 6:05 am
A Plea for a Neo-Traditional Approach, 24 Fordham IP, Media, and Entertainment LJ 320 (2014); see also Patricia Cohen, “Photographers Band Together to Protect Work in ‘Fair Use’ Cases“, New York Times, Feb. 21, 2014; Cindy Villanueva, “Cariou v. [read post]
26 Feb 2018, 6:02 am
This was lamented by Jacobs LJ in L’Oreal SA v Bellure NV [2010] EWCA Civ 535 at [49] as making the “unfair” qualifier meaningless whilst serving to curtail legitimate competition. [read post]
23 Feb 2018, 9:12 am
Kitchin LJ, who delivered the main judgment, was guided by the reasoning of Beatson LJ in Globe Motors Inc v TRW Lucas Varity Electric Steering Ltd and anor [2016] EWCA Civ 396 (“Globe Motors”) and held that under the principles of freedom of contract contracting parties are entitled to agree whatever terms they choose, subject to the limits imposed by public policy. [read post]
15 Feb 2018, 3:14 am
Deeny LJ, delivering the judgment of the Court, held that the appropriate test was that no injunctive relief should be granted restraining publication before trial unless the Plaintiff could establish “that he had a reasonable expectation of privacy regarding the association of his father’s convictions with himself as his son. [read post]
12 Feb 2018, 2:48 am
In the Court of Appeal (Hallett LJ, Sullivan LJ, Arnold J) the Claimant’s appeal was dismissed. [read post]
31 Jan 2018, 10:05 pm
Floyd LJ (for a unanimous Court of Appeal) noted that an important point of detail is the time and circumstances in which the national authority has to determine whether a product is protected by a basic patent - this falls to be judged when the product is known and authorised to be placed on the market. [read post]
28 Jan 2018, 7:16 am
However, Briggs LJ dissented on the question of costs. [read post]
Blocking injunctions and their costs: some details of the forthcoming Supreme Court round of Cartier
24 Jan 2018, 4:37 am
The Court of Appeal decision contains the dissent of Briggs LJ (as he then was) regarding the responsibility for the costs of an injunction. [read post]
21 Jan 2018, 9:57 am
The judge took the law on vulnerability and priority need from Lewison LJ’s summary in Panayiotou v Waltham Forest LBC (2017) EWCA Civ 1624; (2017) HLR 48. [read post]
18 Jan 2018, 7:23 pm
LJ 91 (2015): 1251 And speaking of astroturf, what’s also interesting is that Sprigman appears to have filed comments in Copyright Office moral rights study that incorporated concepts in Google-funded papers and cited to one of them without disclosing Google’s funding as far as I can tell. [read post]
16 Jan 2018, 2:15 am
Floyd LJ also made some observations on the use of dictionaries in claim construction. [read post]
14 Jan 2018, 4:32 pm
Last Week in the Courts Sharp LJ has made two decisions in the last two weeks refusing permission to appeal in libel cases. [read post]
11 Jan 2018, 2:00 pm
(ljs) [read post]
