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16 Aug 2012, 5:22 am
I would guess that about a third of the newly published books that I read and maybe a quarter of law review articles come to my attention through blog posts, with Concurring Opinions’s excellent practice of posting recent LRs’ hyperlinked tables of contents providing significant grist for this mill. [read post]
1 Oct 2020, 8:02 am
The TTP does not apply to various FCA rules, including: FEES rules and levies rules applying to the temporary permission regime and various rules in: PRIN, GEN, MIPRU, IPRI(INV), COBS, ICOBS, MCOB, BCOBS, CASS, MAR, SUP, COMP, COLL, CONC, FUND, LR, PRR, DTR rules referring to UCITS management companies specified in Annex B. [read post]
4 Aug 2010, 4:22 am
The Deputy Judge then made findings of fact which effectively disposed of the matter: (1) the purported sale of the flat was genuine and there was no obligation on Dr Kilduff to allow Mr Ashby to remain in the property for the rest of his life. (2) Mr Ashby paid rent and this was shown by reference to his cheque book pay stubs, movement of money by standing order between bank accounts, income tax and CGT returns. (3) Mr Ashby's evidence to this court about his evidence in the matrimonial… [read post]
1 Mar 2017, 6:38 am
Referring to its own decision in Actavis v Eli Lilly ([2015] EWCA Civ 555; [2015] Bus LR 1068), the Court took this opportunity to comment on the impossible burden that reliance on prosecution history places on the skilled reader if it were to be recognised as a legitimate aid to construction. [read post]
11 Jun 2010, 6:47 am
Brand: GEModel Number Begins With: WBVH5Serial Number Begins With: AM, AR, AS, AT, DM, DR, DS, FM, FR, FS, GM, GS, HM, HR, HS, LM, LR, LS, MM, MR, MS, RM, RR, RS, SM, SR, SS, TM, TR, TS, VM, VR, VS, ZL, ZM, ZR, ZS Sold at: Department and various retail stores nationwide from December 2006 through May 2010 for about $700. [read post]
3 Oct 2023, 8:10 am
Just one example: M v M [2014] Fam LR 116 involved one spouse having an inherited estate of millions; after matrimonial assets were divided, they were ordered to pay a modest lump sum of only £250,000 and three years of (also modest) PA. [read post]
29 Oct 2010, 2:53 am
Lord Justice Neuberger (as he then was) commented that "it is not entirely easy to justify this" (Akici v LR Butlin [2005] EWCA Civ 1296). [read post]
4 Aug 2010, 4:22 am
The Deputy Judge then made findings of fact which effectively disposed of the matter: (1) the purported sale of the flat was genuine and there was no obligation on Dr Kilduff to allow Mr Ashby to remain in the property for the rest of his life. (2) Mr Ashby paid rent and this was shown by reference to his cheque book pay stubs, movement of money by standing order between bank accounts, income tax and CGT returns. (3) Mr Ashby's evidence to this court about his evidence in the matrimonial… [read post]
29 Oct 2010, 2:53 am
Lord Justice Neuberger (as he then was) commented that "it is not entirely easy to justify this" (Akici v LR Butlin [2005] EWCA Civ 1296). [read post]
20 Mar 2023, 5:27 am
Furthermore, plaintiff has failed to demonstrate that he would have not sustained losses “but for” defendant’s negligence and has not demonstrated to the court any alternative manner by which plaintiff would have been successful in winning his case.A court has broad discretion in considering whether to dismiss an action, pursuant to CP LR §3211 (a)(4), on the ground that another action is pending between the same parties on the same cause of action. [read post]
19 Nov 2009, 4:20 pm
The Council is obliged subject to some qualifications that are irrelevant for present purposes, to issue an abatement notice the purpose of which is to prevent the continuation or recurrence of the nuisance where they are satisfied that such a nuisance exists, see R v Carrick District Council ex parte Shelley [1996] Env LR 273. [read post]
19 Feb 2007, 12:47 am
Nobody is apt to go after [weak] ideas, pre-grant, as Professor Dreyfuss noted in her UMich LR review of the Jaffe/Lerner book.There is a long thread at Patently-O, which includes some text:-->Mr. [read post]
4 Oct 2011, 8:05 pm
Phoolchand (dead) through LRs and Anr. their Lordships held as follows:It is no doubt true that there is no presumption that a family because it is joint possessed joint property and therefore the person alleging the property to be joint has to establish that the family was possessed of some property with the income of which the property could have been acquired. [read post]
25 Jul 2010, 12:10 pm
However, the presumption of prior seisin is rebuttable by evidence (see Asher v Whitlock (1865) LR 1 QB 1) and the presumption was clearly rebutted by the statutory basis on which the mayor controlled PSG. [read post]
24 Jul 2012, 2:00 pm
From the special committee's investigation, there appears to be an acceptedpractice within certain for-profit LRS networks for accident victims to be met at referral service clinics by attorneys or paralegals, or to be called by attorneys or paralegals, with whom the accident victims have no prior relationship. [read post]
19 Nov 2014, 1:33 pm
hl=en&lr=&id=tYJ1vVmnwbAC&oi=fnd&pg=PR7&dq=prosecution+criminal+animals+america&ots=dc7eB6dCJO&sig=misve9_2gwlP19oCEc51mfOOd5w#v=onepage&q&f=false Image Credit: http://commons.wikimedia.org/wiki/DNA#mediaviewer/File:DNA_chemical_structure.svg Illustration by Madeleine Price Ball See Our Related Video from our YouTube channel: https://www.youtube.com/user/ArnoldSmithPLLC/videos See Our Related Blog Posts:… [read post]
17 Nov 2015, 8:00 am
They were: Rylands v Fletcher (1866) LR 3 HL 330 Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Salomon v A Salomon & Co [1897] AC 22 Donoghue v Stevenson [1932] AC 562 Woolmington v Director of Public Prosecutions [1935] AC 462 Liversidge v Anderson [1942] AC 206 Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 Caparo… [read post]
28 Aug 2008, 3:18 pm
As the sequel to my Retributive Damages piece coming out this January in Cornell LR, it tries to lay out in more careful detail how to build a better punitive damages regime. [read post]
2 Oct 2009, 3:29 am
And the Rules require that the party claiming infringement serve at the same time its Final Contentions in Response to any Final Unenforceability and Invalidity Contentions; Amendment of Final Contentions (LPR 3.4): The Rules add the following example of good cause for amending Final Contentions -- the Court adopting a construction different from the construction proposed by the party seeking to amend; Discovery Concerning Opinions of Counsel… [read post]
13 Jun 2024, 1:53 pm
Read, Garcia CK, Renteria LI, Leite-Santos G, Leon LR, Laitano O. [read post]
