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29 Oct 2010, 3:57 am by INFORRM
In that context, it has been held that “the values enshrined in Articles 8 and 10 are now part of the cause of action for breach of confidence” (See Campbell v Mirror Group Newspapers Ltd [2004] 2 AC 457 at [17] (Lord Nicholls) and that it is necessary to consider Strasbourg jurisprudence to establish the scope of that domestic cause of action, since those Articles are now “not merely of persuasive or parallel effect” but are “the very content of… [read post]
7 Jun 2012, 10:05 pm
Today it is recognised across the common law world that a claim for restitution founded on unjust enrichment is founded neither on consent nor on wrongdoing (see for example Lipkin Gorman v Karpnale and Kleinwort Benson v Birmingham City Council). [read post]
28 Jun 2010, 9:54 am by INFORRM
It lists, as Lord Nicholls did in Reynolds v Times Newspapers Ltd (1999), factors to be taken into account by the court when deciding whether a defendant has acted responsibly, but as several cases in the lower courts have shown, judges may be encouraged to view these as tripwires for defendants. [read post]
2 Apr 2011, 5:47 pm by INFORRM
English PEN and Index on Censorship recently published a joint report entitled Free Speech is Not for Sale, which calls for bold changes to English defamation law. [read post]
18 Sep 2017, 1:36 am
The first Zurich IP Retreat was held on Friday/Saturday 8/9 September 2017 on the shores of lake Zurich, organized by INGRES and ETH Zurich, in honour of Dr. [read post]
30 Jan 2011, 4:07 pm by INFORRM
  This gap seems to be the longest in English legal history. [read post]
27 Jan 2016, 4:32 pm by INFORRM
 For example, in Campbell v MGN Ltd [2004] UKHL 22, Lord Nicholls held that the wrongful disclosure of private information is just ‘one aspect of invasion of privacy’. [read post]
28 Jun 2010, 1:13 am by INFORRM
Reputation, as Lord Nicholls explained in Reynolds v Times Newspapers, does matter, and not merely for its service to the individual concerned: ‘Reputation is an integral and important part of the dignity of the individual. [read post]
25 Nov 2009, 3:00 am
(IP finance)   Australia Trade mark use: We need a more balanced solution – FCA decision in Alcon v Bausch & Lomb (Australian Trade Marks Law Blog) FCA on trade marks as security for costs: Austin, Nichols & Co Inc v Lodestar Anstalt (ipwars) Minister for Innovation decides not to change regulatory regime for books – publishers keep territorial exclusivity (LawFont) (Managing Intellectual Property) Non-English language publications may not… [read post]
20 Nov 2010, 2:01 am by INFORRM
This includes: Index on Censorship and English Pen Report on Libel Reform, “Free Speech is Not for Sale”. [read post]
9 Aug 2012, 12:00 am
When there is a time bar, then, as Lord Nicholls observed in Valentines Properties Limited v Huntco Corporation Limited [2001] UKPC 14, at [20] “Inherent in a time limit is the notion that the parties are drawing a line. [read post]
16 Jul 2010, 2:00 am by Adam Wagner
Ornella Saibene, Robert Nicholls, Thomas Woodhead, Christopher ? [read post]
5 Nov 2010, 4:21 am by INFORRM
  These are all areas in which the present English law of libel falls down. [read post]
1 Oct 2010, 7:17 am by INFORRM
  In particular, the explanation at [4] of the way in which the rights protected by Articles 8 and 10 have been absorbed into the long-established action for breach of confidence was approved by Lord Nicholls in Campbell v. [read post]