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28 Oct 2015, 5:21 am by INFORRM
Although the real debate was likely to be about the innuendo meaning, R v Smith (Graham Westgarth) ([2002] EWCA Crim 683, [2003] 1 Cr App R 13) had dealt with what constituted the “making” of an indecent image, R v Smith considered. (3) Even if the pleaded defence was factually contentious and went beyond the statement, there was no need for injunctive relief against the press, whose editors were well aware of the duty not to prejudice criminal trials… [read post]
19 Apr 2007, 11:59 am
" NFP civil opinions today (1): John Smith and Pia Smith v. [read post]
27 May 2016, 3:02 am
 Highlights include:Lambretta v Teddy Smith, where Etherton J in the High Court ruled that there was no design right or copyright in the colourways of a track topJacobson & Sons v Globe GB was a trade mark case relating to the flash on the side of Gola shoes - the registrations were held by Etherton J to be valid and infringedIn Cook Biotech Incorporated v Edwards Lifesciences AG, Etherton LJ in the Court of Appeal gave the leading judgment rejecting… [read post]
13 Dec 2023, 6:00 am by Public Employment Law Press
In Matter of Smith v City of Norwich, 205 AD3d 140 the Appellate Division held that in the event an administrative determination is made where an evidentiary hearing is not required by law, court review is limited to whether the administrative determination had a rational basis and was not arbitrary and capricious. [read post]
13 Dec 2023, 6:00 am by Public Employment Law Press
In Matter of Smith v City of Norwich, 205 AD3d 140 the Appellate Division held that in the event an administrative determination is made where an evidentiary hearing is not required by law, court review is limited to whether the administrative determination had a rational basis and was not arbitrary and capricious. [read post]
1 Apr 2009, 4:15 am
Lawsuit for libel brought against public official turns on whether the statements objected to were uttered with "actual malice"Shulman v Hunderfund, 2009 NY Slip Op 02263, Decided on March 26, 2009, Court of AppealsIn the words of Justice Smith, "In this action for libel by a public figure, the record does not clearly and convincingly show that the statements in question were made with "actual malice," as required by New York Times Co. v Sullivan… [read post]