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19 Feb 2020, 1:51 pm by Giles Peaker
It involves either an interference with the legal rights of an owner or a person with exclusive possession of land, including an interest in land such as an easement or a profit à prendre, or interference with the amenity of the land, that is to say the right to use and enjoy it, which is an inherent facet of a right of exclusive possession: Hunter v Canary Wharf Ltd (1997) AC 655 687G–688E (Lord Goff citing FH Newark, “The Boundaries of Nuisance” 65… [read post]
19 Feb 2020, 1:51 pm by Giles Peaker
It involves either an interference with the legal rights of an owner or a person with exclusive possession of land, including an interest in land such as an easement or a profit à prendre, or interference with the amenity of the land, that is to say the right to use and enjoy it, which is an inherent facet of a right of exclusive possession: Hunter v Canary Wharf Ltd (1997) AC 655 687G–688E (Lord Goff citing FH Newark, “The Boundaries of Nuisance” 65… [read post]
19 Feb 2020, 2:28 am by Matrix Legal Support Service
Lord Lloyd Jones and Lord Sales gave the judgment, with which all members of the Court agreed. [read post]
17 Feb 2020, 6:18 am by Matrix Legal Support Service
Lord Wilson observed that, where it is necessary to attribute a human state of mind to a company, it is necessary to determine which persons’ mental processes will count as those of the company. [read post]
16 Feb 2020, 4:52 pm by INFORRM
Resolved – IPSO mediation 08369-19 Miller v The Sunday Times, No breach – after investigation Resolution statement 07779-19 Wallace v Echo (Basildon), Resolved – IPSO mediation 07037-19 Foley v Mail Online, No breach – after investigation 06303-19 Hoy v Wisbech Standard, No breach – after investigation 06056-19 Baker v The Daily Telegraph, Breach – sanction: action as offered by publication 05072-19 Smith v… [read post]
9 Feb 2020, 4:05 pm by INFORRM
Last Week in the Courts On 4 to 7 February 2020 Warby J heard the trial in the case of Sube v News Group Newspapers. [read post]
2 Feb 2020, 4:41 pm by INFORRM
India The State government has filed two defamation complaints against Leader of Opposition and DMK president M.K.Stalin in connection with statements against Chief Minister Edappadi K. [read post]
2 Feb 2020, 7:37 am by Cyberleagle
Our digital Lord Chamberlain would commandeer that capability at one remove,ES. [read post]
1 Feb 2020, 8:40 am by Peter Groves
This opens up the possibility of the loom operator providing the essential craftsmanship contribution to the work.The judge reviewed the cases, from Hensher v Restawile (1976) to Vermaat v Boncrest (2001), not to mention Lucasfilm (2008), concluding that the Hensher court (the House of Lords, remember) would have found against the present claimant: the fabric was not a work of artistic craftsmanship - the craftsmanship element being lacking. [read post]
29 Jan 2020, 4:40 pm by INFORRM
Section 9 – Action against persons not domiciled in the UK or an EU/Lugano Convention State Section 9 provides that the court will not have jurisdiction to hear a defamation claim where the prospective defendant is resident outside of the UK, European Union, or the Lugano Convention states (Norway, Switzerl [read post]
28 Jan 2020, 4:39 pm by INFORRM
According to Lord Sumption, in Lachaux v Independent Print Ltd & Anor [2019] UKSC 27, the Act sought ‘to modify some of the common law rules which were seen unduly to favour the protection of reputation at the expense of freedom of expression’. [read post]
26 Jan 2020, 4:24 pm by INFORRM
A New York state appeals court on upheld the dismissal of a defamation suit targeting WPIX-TV and its reporter Magee Hickey over a 2014 story that misi [read post]
24 Jan 2020, 7:06 am
We mean we cannot have judges legislating lord forbid. [read post]
19 Jan 2020, 4:52 pm by INFORRM
United States Lawrence Lessig, a Harvard Law School professor, sued The New York Times for defamation for falsely sugges [read post]
16 Jan 2020, 12:16 pm by Hilary Hurd
In language that today seems almost comical, the House charged that: Andrew Johnson as the Chief Magistrate of the United States, did, on the 18th day of August, in the year of our Lord 1866, and on divers other days and times, as well before as afterward, make and deliver with a loud voice certain intemperate, inflammatory, and scandalous harangues, and did therein utter loud threats and bitter menaces as well against Congress amid the cries, jeers, and laughter of the multitudes… [read post]