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18 Nov 2016, 3:03 am
Applying the decision in Knupffer v London Express Newspaper Ltd [1944] AC 116, the Court of Appeal unanimously held that a “simple objective test” needed to be applied when determining whether, under section 393, “matters” in a notice issued by the FCA against the bank had “identified” a person who was not directly named. [read post]
21 Feb 2014, 12:34 am
Times Newspapers Ltd [1993] AC 534). [read post]
27 Mar 2023, 3:05 am
By virtue of a majority House of Lords decision in James Buchanan & Co Ltd v Babco Forwarding & Shipping Limited [1978] AC 141 (“Buchanan”), the words “… carriage charges, customs duties and other charges incurred in respect of the carriage of the goods …” for which the carrier is liable under CMR, art 23.4 are given a broad interpretation and include excise duty imposed when the goods were stolen. [read post]
5 Nov 2017, 3:31 am
In determining meaning, Jeynes v News Magazines Ltd [2008] EWCA Civ 130 [14] articulates several well-settled principles to be applied. [read post]
16 Sep 2010, 7:28 am
Humphreys Estate, [1987] AC 114; Cobbe v Yeoman Management Ltd., [2008] UKHL 55) show that the term can be used in that way but those cases concerned agreements for the sale of land, one of the rare cases in which English law provides that a contract must be evidenced in writing in order to be binding, and they do not suggest that the term is invariably used in that way. [read post]
8 Nov 2017, 4:38 am
When the conduct relied on consists of statements or publications, the defendant’s right to freedom of expression under Article 10 of the Convention must be taken into account (EDO MBM Technology Ltd v Campaign To Smash EDO & Ors [2005] EWHC 837 (QB) at [51 ff]). [read post]
7 Oct 2018, 3:15 am
If EU… 2018-10-04 Computer and Internet Updates for 2018-10-03 https://t.co/bt3SPPvl5S 2018-10-04 Computer and Internet Updates for 2018-10-03 https://t.co/uGfsUbhpQc 2018-10-04 Canada joins allies in condemning 'malicious' Russian cyberattacks https://t.co/OV20r6CDY8 2018-10-04 Canada's largest real estate board sues listings website Mongohouse for $2M https://t.co/TebmHpWBvG 2018-10-04 Artist faces lawsuit over computer system that creates randomly generated images… [read post]
Hong Kong: Freedom of the (Entertainment) Press: Part 1, Data Privacy and Public Interest – David Ma
22 Mar 2017, 5:29 pm
The House of Lords case Campbell v MGN Ltd [2004] 2 AC 457– where Naomi Campbell claimed the publication of her treatment at Narcotics Anonymous (“NA”) infringed her right to be respected for her private life under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
3 Dec 2010, 3:00 am
Although the litigation failed to stop the book, it did develop the law of confidentiality and aid the development of the protection of privacy, even before the Human Rights Act (see Attorney General v Observer [1990] 1 AC 109). [read post]
18 Jun 2021, 2:31 am
On appeal from: [2019] EWCA Civ 40 The Supreme Court has unanimously allowed this appeal concerning the approach to ascertaining the scope of a defendant’s duty of care laid down in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 (“SAAMCO”), in the context of professional advice given by accountants. [read post]
21 Jan 2018, 3:15 am
Net32 https://t.co/c0fL7bWaLl 2018-01-14 Computer and Internet Updates for 2018-01-14 https://t.co/HgblTMtmim 2018-01-15 Computer and Internet Updates for 2018-01-14 https://t.co/xqSALB5FzZ 2018-01-15 Microsoft extends patent protection shield on-premises https://t.co/ufArdSxi5b via @theregister 2018-01-15 Closing in on Massive Worldwide Copyright Infringement #googlealerts #feedly https://t.co/VMSI6uPitO 2018-01-15 Websites infringing TV and film copyright to be blocked https://t.co/WzhvltsU1p via… [read post]
22 Feb 2014, 12:56 am
Plaintiffs suing for defamation seek to protect their reputation – what other people think of them, as Lord Denning (pic) defined it in Plato Films Ltd v Speidel [1961] AC 1090. [read post]
8 Jan 2014, 5:45 am
The phrase “adequacy of damages” is itself derived from the following passage from Lord Diplock’s speech in American Cyanamid v Ethicon Ltd [1975] AC 396, 408: “… the governing principle is that the court should first consider whether, if the plaintiff were to succeed at trial in establishing his right to a permanent injunction, he would be adequately compensated by an award of damages for the loss he would have sustained as a result of the… [read post]
30 May 2012, 10:20 am
There is very strong authority to the effect that the courts have no discretion to grant any relief going beyond the remedy which Parliament has seen fit to provide (see Johnson v Unisys Ltd [2003] 1 AC 518). [read post]
31 Mar 2024, 1:17 am
Quick links Jack Blackburn, The Times: How a 96-year-old law could stop Easter hopping around the calendar. 3PB Barristers, Lexology: Protected beliefs and social media storms: on Omooba v Michael Garrett Associates Ltd (t/a Global Artists) & Anor [2024] EAT 30. [read post]
26 Apr 2011, 7:19 am
Forum non conveniens, anti-suit injunctions, and concurrent US and Australian copyright proceedings In TS Production LLC v Drew Pictures Pty Ltd [2008]... [read post]
10 May 2017, 4:38 am
In Lachaux v Independent Print Limited & Ors ([2015] EWHC 2242 (QB)) Warby J applied (and endorsed) the principle, established in Associated Newspapers Ltd v Dingle [1964] AC 371, that every republication of a defamatory statement is a new publication and creates a fresh cause of action for the person defamed (see [74]-[86]) (whilst we await the judgment of the Court of Appeal in Lachaux, there is currently no information available on when this will be handed down). [read post]
4 May 2008, 10:55 pm
Live Nation also brought merchandising in-house with its acquisition of "authentic lifestyle merchandise" company TRUNK LTD, which had exclusive licenses with major acts like AC/DC, Aerosmith, The Beatles, Blondie, Jimi Hendrix, Pink Floyd, The Grateful Dead, The Doors, The Rolling Stones and David Bowie. [read post]
3 May 2012, 2:28 pm
Mr Justice Eder held that the correct approach was that the present legislation is presumed valid but, as stated by Lord Goff in Kirklees BC v Wickes Building Supplies Ltd [1993] AC 227, the existence of the alleged defence is to be taken into account in the exercise of the court’s discretion [paragraph 78]. [read post]
3 Nov 2016, 5:42 pm
In order to meet the second part of the test, the person or body from whom disclosure is sought must be considered more than a “mere witness” (as set out at paragraph 54 of Various Claimants v News Group Newspapers Ltd and another [2013] EWHC 2119 (Ch). [read post]
