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24 Nov 2017, 7:07 am by Brian Cordery
One of the points of potential confusion in Actavis is the use of the word “normal” in the first limb of the test, Following Arnold J in Mylan v Yeda (judgment dated 26 October 2017), Henry Carr J held that “normal” in this context means purposive interpretation. [read post]
16 Nov 2017, 8:51 am by Victoria Kwan
On November 8, Sotomayor presided over a Supreme Court Historical Society re-enactment of Clay v. [read post]
14 Nov 2017, 2:27 am by Graham Smith
As the Sixth Interim Report of the Law Revision Committee said in 1937 in relation to the Statute of Frauds:" 'The Act', in the words of Lord Campbell . . . 'promotes more frauds than it prevents'. [read post]
14 Nov 2017, 2:27 am by Graham Smith
As the Sixth Interim Report of the Law Revision Committee said in 1937 in relation to the Statute of Frauds:" 'The Act', in the words of Lord Campbell . . . 'promotes more frauds than it prevents'. [read post]
14 Nov 2017, 1:09 am by Jani Ihalainen
In other words, the London Taxi Company's taxis would have to be distinguishable from other taxis through their design.Blake loved the design of his taxi a little too muchFollowing the decision of Justice Arnold at first instance, Lord Justice Floyd decided that the trademarks had not acquired distinctive character among taxi drivers, and that consumers were not concerned with the origin of the taxis they hired and therefore the trademarks wouldn't have acquired… [read post]
13 Nov 2017, 7:30 am by JONATHAN DAVIES AND ELLIOT GOLD
The rub is that the misconduct hearing to which the Supreme Court referred in its additional wording was materially different to what it is now. [read post]
12 Nov 2017, 4:06 pm by INFORRM
  Media Law in Other Jurisdictions Australia In the case of Vaa v Barakat [2017] NSWDC 300 the NSW District Court (Gibson DCJ) dismissed an action for defamation against a business owner who had posted a photo of her with the word “Thief! [read post]
8 Nov 2017, 4:38 am by INFORRM
 In Thomas v News Group Newspapers [2001] EWCA Civ 1233) Lord Phillips MR held that: “before press publications are capable of constituting harassment, they must be attended by some exceptional circumstance which justifies sanctions and the restriction on the freedom of expression that they involve. [read post]
6 Nov 2017, 4:09 pm by INFORRM
This overrides the orthodox position at common law (as re-affirmed by the House of Lords in Berezovsky v Michaels [2000] 1 WLR 1004), to the effect that each actionable publication of a defamatory statement constitutes a separate tort which must be considered separately when deciding if the English court has jurisdiction to hear a claim about it. [read post]
5 Nov 2017, 4:30 pm by INFORRM
The second day of the House of Lords Data Protection Bill Committee Stage takes place in the House of Lords on 6 November 2017. [read post]
3 Nov 2017, 1:02 am by Ben Reeve-Lewis
Tessa] Significant News A big news item for me and my homelessness colleagues was announced last week, ending a court process that has taken 2 years to decide what Lord Neuberger meant by the word ‘Significantly’ in the appeal hearing for Hotak v. [read post]
29 Oct 2017, 5:31 pm by INFORRM
The House of Lords begins the Committee Stage of the Data Protection Bill on 30 October 2017. [read post]
16 Oct 2017, 4:32 pm by Georgialee Lang
This is truly a case of “words mean what I say they mean” and the “I” is Baroness Hale of Richmond, who was the first woman appointed to the prestigious House of Lords in 2004 and in 2009 took her place on England’s new Supreme Court of the United Kingdom. [read post]
11 Oct 2017, 8:17 am
     The removal of the own name defence and fundamental rights – Sky v SkyKickSky v SkyKick [2017] EWHC 1769 (Ch) (July 2017)Most trade mark lawyers know Sky’s reputation for pursuing action against anyone using the word SKY in their name, even SKYPE. [read post]