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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]
17 Mar 2011, 5:05 pm
Discusses AG v Associated Newspapers Ltd & Anor [2011] EWHC 418 (Admin). [read post]
16 Mar 2011, 3:27 pm
Luncheon Keynote Jim Davidson, Executive Director of the Alliance for American Advertising and The Advertising Coalition, Chair, Public Policy Group, Polsinelli Shughart PC Unprecedented level of attacks: taxes on ads (limits on deductibility); restrictions on food ads, especially for those under 18; online ads for prescription drugs (stalemate at FDA about this); limits on online consumer research. 100 new Republican members with no commitment to prior priorities. [read post]
16 Mar 2011, 2:52 am
Renaissance Reinsurance Ltd. joins the six companies that were approved in 2010: Hannover Ruckversicherung AG (Hannover Re), Hannover Re (Bermuda) Ltd., XL Re Ltd., Ace Tempest Reinsurance Ltd., Hiscox Insurance Co. [read post]
14 Mar 2011, 4:05 am
Court of Appeal (Civil Division) AC, R (on the application of) v Berkshire West Primary Care Trust & Anor [2011] EWCA Civ 247 (11 March 2011) Vaile v London Borough of Havering [2011] EWCA Civ 246 (11 March 2011) High Court (Administrative Court) Angus v United Kingdom Border Agency [2011] EWHC 461 (Admin) (11 March 2011) Hazelhurst & Ors v Solicitors Regulation Authority [2011] EWHC 462 (Admin) (11 March 2011) Derwent Holdings Ltd v Trafford Borough Council [2011] EWHC… [read post]
9 Mar 2011, 7:16 am
The judge, applied the accepted “classic test” for frustration given by Lord Radcliffe in Davis Contractors Ltd v Fareham [1956] AC 696, 729: “frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would make a thing radically different from that which was undertaken by the contract”. [read post]
5 Mar 2011, 5:28 am
As I have already pointed out, in Campbell v MGN Ltd the public interest was said to arise from the fact that Ms Campbell had publicly lied to conceal her drug habit. [read post]
4 Mar 2011, 2:31 pm
Meanwhile, ACE Ltd. subsidiary Indemnity Insurance Co. demonstrated similar patterns in its failure to cover workers compensation claims that had been pre approved, while using various tactics to delay communication and payment to health insurance companies. [read post]
4 Mar 2011, 1:45 am
"The judge cited the well established principle in Manifest Shipping Co Ltd v Uni Polaris Insurance Co Ltd [2003] 1 AC 469 that the consequences of a fraud are that "the insured who has made a fraudulent claim may not recover the claim which could have been honestly made. [read post]
3 Mar 2011, 1:11 pm
Ltd. [read post]
3 Mar 2011, 3:29 am
Attorney General v Associated Newspapers Ltd & Anor [2011] EWHC 418 (Admin) – Read judgment For the first time a court in England has convicted two newspapers, the Daily Mail and the Sun, of contempt of court in breach of the Contempt of Court Act 1981, for the publication of a photograph relating to an ongoing criminal trial on their websites. [read post]
1 Mar 2011, 6:17 am
I have fond memories of Dorset Yacht Co Ltd v Home Office [1970] AC 1004 from my days as a law student. [read post]
27 Feb 2011, 12:39 am
Ltd ([2008] 1 AC 1), and on the judgment of Lord Neuberger MR in Imerman v Tchenguiz ([2010] EWCA Civ 908). [read post]
24 Feb 2011, 11:21 am
ACE Insurance Litigation Watch (ALW), the online repository for lawsuits against the ACE Ltd. insurance company (NYSE: ACE), reported in a press release on February 15, 2011 that ACE subsidiary Century Indemnity Insurance Company, has been cited by Los Angeles District Court judge Hon. [read post]
16 Feb 2011, 6:52 am
This was approved by Sullivan CJ in the Irish Supreme Court in Sinclair v Gogarty [1937] IR 377 (see also Gallagher v Tuohy (1924) 58 ILTR 134 (Murnaghan J); Connolly v Radio Telifís Eireann [1991] 2 IR 446 (Carroll J); Reynolds v Malocco [1999] 2 IR 203, [1999] 1 ILRM 289, [1998] IEHC 175 (11 December 1998) (Kelly J)); and it represents the law in Australia (Australian Broadcasting Corporation v O’Neill [2006] HCA 46 (28 September 2006)), Canada (Champagne v Collège… [read post]
4 Feb 2011, 4:51 pm
Ltd [2008] 1 AC 1 as case-studies. [read post]
3 Feb 2011, 4:45 am
ACED Annual E-Discovery Conference March 23-25, 2011 Hollywood, FL Click here for more information. [read post]
1 Feb 2011, 9:14 am
Ltd. [read post]
27 Jan 2011, 4:26 am
Once the defendant passes the public interest test it must prove that the steps taken to gather and publish the information were responsible and fair, that is proving the defendant acted in accordance with the tenets of responsible journalism, Reynolds v Times Newspapers Ltd [2001] 2 AC. [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]
