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8 Jan 2020, 4:28 am
And further dispute arose between Sheeran's song 'Photograph' (also written by the first and third claimants; Sheeran and McDaid) and a song called 'Amazing', following which there was a settlement agreement and 35% of the PRS royalties now go to the writers of 'Amazing'.Naturally, the Claimants sought to strike out these allegations, which came before Deputy Master Jefferis on 4 June 2019 on the basis that similar fact evidence is only admissible in civil… [read post]
18 Mar 2011, 9:04 am
These are broadly based on the factors set out in Lord Nicholls’ speech in Reynolds ([2001] 2 AC 127, at 205). [read post]
26 Jan 2012, 3:36 am
Abigail v Lapin [1934] AC 491. [read post]
14 May 2018, 3:38 pm
Street v Mountford [1985] AC 809 and Antoniades v Villiers; A-G Securities v Vaughan [1990] AC 417, HL. [read post]
9 Jun 2006, 5:49 am
Shayler [2002] UKHL 11, [2003] 1 AC 247, at paras. 108-114; see also Tinnelly and Sons Ltd and Others and McElduff and Others v. [read post]
13 Dec 2009, 3:22 pm
The overriding foundation for the exercise of judicial review by the High Court was an excess of jurisdiction by the subject court, and it was courts whose jurisdiction was limited which were amenable to judicial review (Racal Communications Ltd, Re (1981) AC 374 HL and R v Cripps Ex p Muldoon (1984) QB 68 QBD). [read post]
1 Jun 2011, 10:56 pm
In giving the leading judgement for the majority in Lumba, Lord Dyson made reference to basic principles of public law – in particular the seminal case of Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, which established that both an act outside of one’s powers, and an error made when acting within one’s powers – essentially any error – render an executive act unlawful and a nullity. [read post]
9 Jun 2012, 5:13 am
Massachusetts: Several recent cases in Massachusetts are worth noting: Ace Precision, Inc. v. [read post]
9 Jun 2021, 1:39 pm
It was irrelevant for this purpose whether the occupiers were tenants or licensees, although the Tribunal said: We tend to the view that they were mere licensees as this was a legitimate sharing arrangement (see A.G.Securities Ltd v Vaughan (1990) 1 AC 417). [read post]
23 May 2019, 4:26 am
Lord Carnwath traced the case law on “ouster” clauses back to Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, the widest reading of which was summarised by Lord Diplock in O’Reilly v Mackman [1983] 2 AC 279 as follows (emphasis added): “…if a tribunal whose jurisdiction was limited by statute or subordinate legislation mistook the law applicable to the facts as it had found them, it must have asked itself the wrong question,… [read post]
1 Jun 2015, 5:22 am
The House of Lords considered the effect of s 17(1) in Din (Taj) v Wandsworth LBC [1983] 1 AC 657, HL. [read post]
22 May 2019, 4:58 pm
Lord Carnwath traced the case law on “ouster” clauses back to Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, the widest reading of which was summarised by Lord Diplock in O’Reilly v Mackman [1983] 2 AC 279 as follows (emphasis added): “…if a tribunal whose jurisdiction was limited by statute or subordinate legislation mistook the law applicable to the facts as it had found them, it must have asked itself… [read post]
1 Jul 2012, 10:10 am
The relevant factors to be considered include:a. the quality and quantity of the material taken;b. the extent to which the respondent’s use adversely affects the applicant’s activities and diminishes the value of the applicant’s copyright;c. whether the material taken is the proper subject-matter of a copyright;d. whether the respondent intentionally appropriated the applicant’s work to save time and effort; ande. whether the material taken is used in the same or a similar… [read post]
13 Jan 2011, 10:00 pm
The Order was not made simply because BM was incorporated in Iran – which would have been the sting of the appellant’s allegation – but because there was evidence that it was implicated in proliferation transactions. 2) Procedural grounds: Fairness (a) Natural justice at common law The appellant reiterated the complaint that it had been adversely affected by an administrative decision without having been given an opportunity to make representations on its own behalf, in… [read post]
17 Jul 2012, 6:50 am
Brown v Stott [2003] 1 AC 681, per Lord Steyn). [read post]
3 Jan 2024, 12:08 am
This is reminiscent of a similar omission in the restatement by the UK Supreme Court in Rubin v Eurofinance SA [2013] 1 AC 236, [2012] UKSC 46, which has since been taken as authoritative for the proposition that residence is not a basis of international jurisdiction under English common law. [read post]
5 Nov 2018, 4:05 pm
” Whether the rule in Associated Newspapers Ltd v Dingle [1964] AC 371, which says that where many have published words to the same or similar effect it is not legitimate for a defendant to seek to reduce damages by proving the publications of the defendant or others and inviting an inference that those other publications have injured the claimant’s reputation, applies to a section 1 determination. [read post]
5 Oct 2022, 12:09 pm
The company, Top Holdings Ltd, received the rent by virtue of the management agreement, and this was Ms Cabo;s case and her husband’s evidence. [read post]
22 Jul 2011, 10:06 am
Ltd. v. [read post]
9 May 2014, 3:59 am
A statement of the principle was set out in the case of Scott v Scott [1913] AC 417. [read post]
