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26 Dec 2017, 9:30 am by Josh Blackman
Douglas and Tom Clark recused; Justices Felix Frankfurter, Hugo Black, an [read post]
21 Dec 2017, 4:10 am by DR PAUL DALY, QUEENS' COLLEGE CAMBRIDGE
As Lord Carnwath concluded after his illuminating discussion of the standard required of planning reasons (at paras 35-42), the question will be “whether the information so provided by the authority leaves room for ‘genuine doubt … as to what (it) has decided and why’” (at para 42, citing Sir Thomas Bingham MR in Clarke Homes Ltd v Secretary of State for the Environment (1993) 66 P & CR 263). [read post]
21 Dec 2017, 2:58 am by GUY BLACKWOOD QC, QUADRANT CHAMBERS
”(para 118) Issue 7; receivership orders By a majority of 4:1 (Lord Mance dissenting), the Supreme Court held that the receivership order ought to be restored: Lord Clarke (with whom Lords Sumption, Hodge and Neuberger agreed) held that: > Since the situs of the debts was London, whereas Moore-Bick LJ had been bound to find that the situs was New York, it was open to the Supreme Court to consider the matter afresh (para 53). [read post]
14 Dec 2017, 10:00 pm
The case was put on hold pending the Supreme Court’s decision in Matal v. [read post]
29 Nov 2017, 2:08 am
The claimant took the matter to court arguing trade mark infringement. [read post]
28 Nov 2017, 4:00 am by Guest Blogger
McInnes devotes an entire chapter to Hughes’ judicial role in the notorious case of Thatcher v Thatcher. [read post]
28 Nov 2017, 2:57 am
Darren Meale and Birgit Clark considered that there could be benefits from Brexit, such as greater certainty due to the lack of a CJEU referral process, and a potentially fresh and uncluttered UK trade mark register (if trade mark holders are required to ‘opt in’ to transfer their marks across from the EUTM register). [read post]
9 Nov 2017, 9:04 am by Jason Rantanen
[v] In the sample, there were 16,739 unique word stems in the first claims of the 1905 non-provisionals. [read post]
23 Oct 2017, 4:23 am by Andrew Lavoott Bluestone
” A trial court’s grant of a CPLR 4401 motion for judgment as a matter of law is appropriate where the trial court finds that, upon the evidence presented, there is no rational process by which the fact trier could base a finding in favor of the nonmoving party'” (Geeta Temple-Ashram v Satyanandji, 142 AD3d 1132, 1134, quoting Szczerbiak v Pilat, 90 NY2d 553, 556; accord Clarke v Phillips, 112 AD3d 872, 874). [read post]