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22 May 2012, 2:49 am
Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666; [2012] WLR (D) 151 “Since the Leasehold Reform, Housing and Urban Development Act 1993 gave a tenant of a flat the right to acquire the freehold of his premises following service on the landlord of a notice of claim under section 13, and the tenant also had the statutory right to serve a second notice of claim at any time after a year had expired following the withdrawal of the first notice of claim, the… [read post]
9 Dec 2010, 2:21 am
Progress Property Co Ltd v Moorgarth Group Ltd [2010] UKSC 55; [2010] WLR (D) 218 “The sale of a company’s assets to a shareholder was not an unlawful distribution of assets if the court concluded that it was a genuine commercial transaction at arm’s length even if it appeared with hindsight that the sale was at an undervalue. [read post]
24 Jun 2018, 12:51 am
Author Odor Licence Creative Commons Attribution Share Alike 3.0 unportedSource Wikipedia Jane Lambert Court of Appeal (Lords Justices Lewison, Lindblom and Flaux) A P Racing Ltd v Alcon Components Ltd [2018] EWCA Civ 1420 (21 June 2018) This was an appeal by the claimant company, A P Racing Ltd ("AP"), against the decision of His Honour Judge Hacon in AP Racing Ltd v Alcon [read post]
9 Oct 2021, 12:52 am
Jane LambertIntellectual Property Enterprise Court (Mr David Stone) Lutec (UK) Ltd and others v Cascade Holdings Ltd and another (Costs) [2021] EWHC 2259 (IPEC) (13 Aug 2021)In Lutec (UK) Ltd and others v Cascade Holdings Ltd and another [2021] EWHC 1936 (IPEC) (09 July 2021), Mr David Stone found that the defendants had infringed the third claimant's registered designs. [read post]
27 Jun 2007, 2:04 am
Comparative advertisements must not be misleading Boehringer Ingelheim Ltd and Others v Vetplus Ltd Court of Appeal “No interim injunction would issue to inhibit comparative advertising, whereby one trader promoted his goods over those of a rival, unless the claimant could show the advertising was misleading and he would probably win a permanent injunction at trial. [read post]
18 Apr 2011, 2:13 am
Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136 “The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union. [read post]
18 Oct 2019, 8:01 pm
Ltd and another v Molycorp Chemicals & Oxides (Europe) Ltd [read post]
8 May 2023, 5:39 am
Author DebashisM Licence CC BY-SA 3.0 Source Wikimedia Commons Jane LambertIntellectual Property Enterprise Court (Pat Treacy) Photobooth Props Ltd and another v NEPBH Ltd and others [2023] EWHC 766 (IPEC) 25 April 2023This was an application by the claimant for an order that unless the defendants make an interim payment by 16:00 on the 7th day from the date of the order, the defence of all [read post]
12 Mar 2020, 7:26 am
Jane Lambert Patents Court (David Stone) Geofabrics Ltd v Fiberweb Geosynthetics Ltd [2020] EWHC 444 (Pat) (5 March 2020) This was an action for patent infringement with a counterclaim for revocation on grounds of anticipation, obviousness and insufficiency, Mr David Stone, who tried the action and counterclaim, remarked at paragraph [4] of his judgment: "No new points of law [read post]
2 Sep 2022, 6:44 am
Author Paste Licence CC BY-SA 3.0 Soutce Wikimedia Jane Lambertintellectual Property Enterprise Court (John Kimbell QC) Photobooth Props Ltd and another v NEPBH Ltd and others [2022] EWHC 750 (IPEC) (1 April 2022)These were interlocutory applications by both claimants and defendants in an action for copyright infringement and rescission of a contract. [read post]
12 Nov 2010, 5:11 pm
Abbott Laboratories Ltd v Medinol Ltd [2010] EWHC 2865 (Pat) (12 Nov 2010) was a claim for a declaration of non-infringement and revocation of three European patents for cardiac stents and a counterclaim for infringement. [read post]
2 Jul 2009, 1:46 am
Chartbrook Ltd and Another v Persimmon Homes Ltd and Another House of Lords “There were no grounds for the House of Lords to depart from the long standing rule that excluded evidence of what was said or done during the course of negotiating a contract for the purpose of drawing inferences about what the contract meant. [read post]
24 Jun 2009, 1:28 am
TRM Copy Centres Ltd v Lanwall Services Ltd House of Lords “The essence of hire was that the hirer acquired the use and possession of goods from the provider in return for a rent, whether payable in cash or kind. [read post]
28 Apr 2010, 1:45 am
Irish Reel Productions Ltd v Capitol Films Ltd Chancery Division “The court had jurisdiction to order that the costs of winding-up proceedings were payable by administrators. [read post]
6 Mar 2012, 3:11 am
Canwell Estate Co Ltd v Smith Brothers Farms Ltd [2012] EWCA Civ 237; [2012] WLR (D) 59 “The prohibition introduced by the Rentcharges Act 1977 against creation of new rentcharges by a rent owner against a landowner did not apply to the creation of a rentcharge incorporated in a transfer made in 1990 the amount of which was calculated annually as a fixed proportion of the claimant’s costs, expenses and outgoings incurred in fulfilling its obligations under a covenant to… [read post]
8 Apr 2010, 2:57 am
Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314; [2010] WLR (D) 90 “Where, before the coming into force of the Companies Act 2006, a corporate tenant served notice, pursuant to s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, seeking to exercise a statutory right to acquire the applicable freehold, it was required, for the notice to be valid, to affix its corporate seal, or to supply the signature of two directors or a… [read post]
13 Jan 2010, 1:37 am
Another example isOccular Sciences Ltd v [read post]
2 Jun 2010, 1:59 am
Mobilix Ltd (in Administration) v HM Revenue and Customs; Blue Sphere Global Ltd v Same Calltel Telecom Ltd and; Another v Same Court of Appeal “Where a trader knew or should have known that by his purchase he was participating in a transaction connected with fraudulent evasion of value-added tax he lost his right to deduct input tax. [read post]
16 Nov 2009, 2:47 am
Perpetual Trustee Co Ltd and Another v BNY Corporate Trustee Services Ltd and Another; Butters and Others v BBC Worldwide Ltd and Others Court of Appeal "Complex contractual provisions granting investors rights over assets derived from their own moneys, rights which were modified when a default event triggering insolvency occurred, were not caught by the antideprivation rule, [...] [read post]
20 Oct 2010, 2:14 am
In re Employers’ Liability “Trigger” Litigation; Durham v BAI (Run-off) Ltd; Freming & Eddlestone v Independent Insurance Co Ltd; Edwards v Excess Insurance Co Ltd; Thomas Bates & Son Ltd v BAI (Run-off) Ltd; Akzo; Nobel UK Ltd and another v Excess Insurance Co Ltd; Municipal Mutual Insurance Ltd v Zurich Insurance Co and others [2010] EWCA Civ 1096; [2010] WLR (D) 256 “In any year in which an… [read post]
