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4 Oct 2023, 4:30 pm by INFORRM
It is an essential element of the cause of action for defamation that the words complained of should be published “of and concerning” the claimant: Knuppfer v London Express Newspaper Ltd [1944] AC 116, 121 [1944] UKHL 1 (03 April 1944) 19. [read post]
1 Oct 2023, 6:30 am by Guest Blogger
 Thus in O, Lord Hodge notes, Words and passages in a statute derive their meaning from their context. [read post]
1 Oct 2023, 1:32 am by Frank Cranmer
Rabiat Akande & Faisal Bhabha, Osgoode Legal Studies Research Paper:  Insulating the Church: Ethiopian Orthodox Church of Canada v. [read post]
10 Sep 2023, 12:06 pm by Rose Hughes
It is difficult to align the interpretation of G 2/21 by Lord Justice Arnold in Sandoz v BMS with the Board of Appeal decision in T 0116/18 reported in the minutes of oral proceedings. [read post]
5 Sep 2023, 12:33 am by CMS
The Human Rights Act ‘generally excludes economic, social and cultural rights’[18] and the word ‘poverty’ is not mentioned in the Act. [read post]
3 Sep 2023, 4:43 pm by INFORRM
IPSO Satisfactory Remedy – 18621-23 Booley v ok.co.uk, 1 Accuracy (2021), Resolved – satisfactory remedy 18524-23 Barnwell v The Times, 1 Accuracy (2021), No breach – after investigation 18355-23 A complainant v nationalworld.com, 14 Confidential sources (2021), No breach – after investigation Satisfactory Remedy – 17293-23 Reynolds v swindonadvertiser.co.uk, 1 Accuracy (2021), Resolved – satisfactory remedy 18392-23 Marshall De… [read post]
17 Aug 2023, 6:37 am by Annsley Merelle Ward
   One such decision was that in Mimo Connect v Buley & Ors, which ended up in the Court of Appeal a month ago with the decision of Lord Justice Bean (giving Judgment of the Court) handed down two weeks ago ([2023] EWCA Civ 909).BackgroundAs she said in the last post, trade secrets cases are full of facts, so buckle in. [read post]
16 Aug 2023, 4:55 pm by INFORRM
” Mostyn J had rested his conclusion on the mandatory nature of the wording of para 13 of the 2015 Practice Direction. [read post]
16 Aug 2023, 4:00 am by Anna Price
She previously authored The Legal History of the Presidential Management Fellows Program and Hansberry v. [read post]
11 Aug 2023, 8:40 am by CMS
  Background This case concerns the meaning of the words deliberate concealment for the purposes of s 32 of the Limitation Act 1980 (“LA 1980”). [read post]
8 Aug 2023, 1:00 am by Rose Hughes
Accordingly, as recently summarised by Lord Justice Arnold, the three key considerations for claim interpretation in the UK are 1) the wording of the claim, 2) the context provided by the specification and 3) the inventor’s purpose (InterDigital v Lenovo [2023] EWCA Civ 105). [read post]
6 Aug 2023, 10:00 pm by Merpel McKitten
It’s not for nothing that Lord Acton’s comment in his 1887 letter to Bishop Creighton was ‘Power tends to corrupt, and absolute power corrupts absolutely’. [read post]
29 Jul 2023, 3:48 am by INFORRM
The hypothetical viewer would also have paid attention to the words used in the broadcast referring to an “iconic British company”. [read post]
20 Jul 2023, 3:44 am by Rose Hughes
Furthermore, as discussed below, in attempting to reconcile G 2/21 with the Supreme Court decision in Warner-Lambert, Lord Justice Arnold (Arnold LJ) in Sandoz v BMS is forced to disagree with the interpretation that G 2/21 supports the established "lack of ab initio implausibility" standard. [read post]
20 Jul 2023, 1:42 am by Rose Hughes
Unlike the EPO, Lord Justice Arnold (Arnold LJ) in Sandoz v BMS considers the "plausibility" of a non-claimed technical effect under the heading of inventive step and sufficiency. [read post]