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29 Sep 2022, 10:22 am
Populus also filed a motion to stay all proceedings in the case pending the Fifth Circuit’ decision in Community Financial Services Association of America Ltd. v. [read post]
26 Aug 2022, 10:43 am
If the distinction in cl.4(2) were not drawn in the way that it is, it could in principle entail an enhanced personal right to access information including governmental information (see in this context the discussion in Kennedy v Information Commissioner [2015] AC 455 (SC)). [read post]
21 Jul 2022, 4:44 pm
This matter was not pursued on appeal to the Court of Appeal for England and Wales ([2019] QB 772, [2018] EWCA Civ 2339 (22 October 2018)), or to the Supreme Court ([2020] AC 989, [2020] UKSC 12 (01 April 2020)) where it was ultimately held that Morrisons were not vicariously liable for Skelton’s actions. [read post]
27 Jun 2022, 2:32 am
” Banco de Portugal v Waterlow & Sons Ltd [1932] AC 452 at 456 [read post]
24 Jun 2022, 9:05 pm
The petition also fails to adequately allege that ACS violated the Family Medical Leave Act, as petitioner did not assert that he had worked for ACS for 12 months or 1,250 hours, and thus failed to demonstrate that he was an eligible employee under 29 USC § 2611(2)(A)(ii) (see Donahue v Asia TV USA Ltd., 208 F Supp 3d 505, 512 [SD NY 2016]). [read post]
24 Jun 2022, 9:05 pm
The petition also fails to adequately allege that ACS violated the Family Medical Leave Act, as petitioner did not assert that he had worked for ACS for 12 months or 1,250 hours, and thus failed to demonstrate that he was an eligible employee under 29 USC § 2611(2)(A)(ii) (see Donahue v Asia TV USA Ltd., 208 F Supp 3d 505, 512 [SD NY 2016]). [read post]
22 Jun 2022, 12:37 am
The defendants were convicted on a majority verdict of 10 to 2; their appeal went all the way to the House of Lords and was dismissed: Whitehouse v Lemon and Gay News Ltd [1979] AC 617. [read post]
7 Jun 2022, 11:45 am
(Spiliada Maritime Corpn v Cansulex Ltd (The Spiliada) [1987] AC 460) It has been argued that if the Australian “clearly inappropriate forum” test for forum non conveniens is adopted, (Voth v Manildra Flour Mills Pty Ltd (1991) 65 A.L.J.R. 83 (HC); Regie National des Usines Renault SA v Zhang [2002] HCA 10 (HC)) it is unlikely that a foreign claimant seeking compensation from a parent company in an English court would see the case… [read post]
3 Jun 2022, 10:03 am
There have been some noteworthy recent decisions in trade secrets law. [read post]
31 May 2022, 6:43 am
He might have given the impression, he said, that ‘the ace of trumps always wins the trick’. [read post]
29 May 2022, 9:40 pm
– Canada May 21, 2022 Rainbow Asset Limited – Hong Kong:May 23, 2022 Randy Ltd. [read post]
26 May 2022, 9:06 pm
– Canada May 21, 2022 Rainbow Asset Limited – Hong Kong:May 23, 2022 Randy Ltd. [read post]
26 May 2022, 7:32 pm
– Canada May 21, 2022 Rainbow Asset Limited – Hong Kong:May 23, 2022 Randy Ltd. [read post]
26 May 2022, 11:00 am
– Canada May 21, 2022 Rainbow Asset Limited – Hong Kong:May 23, 2022 Randy Ltd. [read post]
17 May 2022, 1:28 am
The law on this was considered by the Supreme Court in Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38; [2020] AC 629; [2019] WLR(D) 462 (29 July 2019), when it reiterated that (a) the civil courts have power under the Civil Procedure Rules (CPR r 5.4C(2)) to disclose documents held by the court to a non-party, if used or disclosed at or for the trial; and (b) the more senior courts (ie High Court and above) have power… [read post]
25 Apr 2022, 9:01 am
Provident Life & Accident Ins. [read post]
27 Mar 2022, 10:52 am
The basis on which equity grants relief from the strict enforcement of a forfeiture is that it regards the forfeiture as only a security for the performance of an underlying obligation: see Shiloh Spinners Ltd v Harding (1973) AC 691, 723-724 per Lord Wilberforce, recently affirmed by this court in Vauxhall Motors Ltd (formerly General Motors UK Ltd) v Manchester Ship Canal Co Ltd (2019) UKSC 46; (2020) AC 1161, para 17. [read post]
14 Mar 2022, 1:59 pm
As I noted in a prior post (here), Delaware’s legislature recently enacted a new legislation to permit Delaware corporations to put captive insurance in place as an alternative to traditional D&O insurance. [read post]
6 Feb 2022, 4:18 pm
Judgement was handed down in Stadler v Currys Group Ltd [2022] EWHC 160 (QB) on the 1 February 2022. [read post]
29 Dec 2021, 12:00 pm
As long-time readers of this blog know, one of the long-range concerns in the D&O insurance industry is the possible exposures of corporate directors and officers to liability claims arising from climate change (as discussed most recently here). [read post]
