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14 Mar 2011, 2:38 pm
Jackson LJ disagreed. [read post]
29 Jun 2018, 3:08 am
On 28 June 2018 the Court of Appeal handed down its decision on GSK’s appeal with Floyd LJ delivering the leading judgment (Glaxo Group Ltd & Ors v Vectura Ltd [2018] EWCA Civ 1496). [read post]
4 May 2016, 7:30 am
As the uneven pathway was not demised to Mr Edwards, LJ Lewison concluded that lack of notice regarding the defect would not therefore operate to absolve Mr Kumarasamy from liability. [read post]
25 Oct 2010, 10:45 pm
Maurice Kay LJ considered that the case-law showed two distinct approaches: the application of the Hardial Singh principles and the causation/materiality test. [read post]
30 Nov 2010, 9:58 pm
In short, both judges concurred with Hallett LJ’s decision that the Coroners Rules did not provide a power to hear evidence in sessions from which ‘interested persons’ (including families of the 7/7 victims) could be excluded. [read post]
8 Jul 2009, 3:53 am
Sedley LJ added a few words. [read post]
1 Dec 2014, 5:00 am
Whereas Black LJ and Sir Macolm Pill noted the fundamental rights involved in asylum claims and were notably less deferential. [read post]
5 Dec 2006, 4:10 am
The answer Jacob LJ gives this time (at para.70) is another "no".3. [read post]
20 Dec 2006, 3:55 pm
At paragraphs 39 et seq the court - for whom Neuberger LJ delivered the judgment - got to the heart of the appeal, though: "It was argued on behalf of Kent that this conclusion is inconsistent with the view reached by this court in Glaxo Group Limited v Dowelhurst Ltd [2005] ETMR 104 ... [read post]
10 Jun 2011, 5:54 am
In this case, Jackson LJ concluded that Mr Araci did not have an adequate remedy in damages, and Elias LJ made the additional point that it was not even necessary to decide that question, because adequacy of damages is not relevant when an applicant seeks to merely hold the respondent to his negative covenant. [read post]
14 Mar 2011, 2:38 pm
Jackson LJ disagreed. [read post]
4 Nov 2010, 9:54 pm
” • In Dudley Fleming v Chief Constable of Sussex [2004] EWCA Civ 643, Potter LJ observed at paragraph 36: “The principles are too well known to require to be set out in detail. [read post]
7 Jun 2012, 2:52 am
Lloyd LJ therefore ordered that the trial go ahead as scheduled (this Kat will be eagerly looking out for this). [read post]
19 Jul 2011, 1:35 am
Jacob LJ (joined, with the traditional brevity of intellectual property concurrences, by Hallett LJ and Lewison J) declined to adopt the exact approach taken by a Technical Board of Appeal (TBA) of the EPO in considering the requirement for industrial applicability; as a result, he found HGS’s patent to be invalid. [read post]
18 Mar 2011, 1:30 am
Hamblen J at first instance concluded that the answers were “yes” and “no” respectively; the Court of Appeal (Richards LJ, with whom Mummery and Rimer LJJ agreed) came to the opposite conclusions. [read post]
4 Sep 2011, 11:57 pm
While Arden LJ classifies mesne profits more an restitutionary than compensatory, Lloyd LJ suggests that they continue to be compensatory in nature. [read post]
2 Dec 2011, 2:26 pm
" [23] Lloyd LJ agreed. [read post]
3 May 2017, 8:09 am
Richards LJ said that a s 94B certification decision raised a “distinct question” and was amenable to judicial review. [read post]
13 Nov 2015, 2:00 am
Indeed, as Tomlinson LJ observed, the period of inactivity was seven and a half months. [read post]
14 Sep 2009, 2:52 pm
Sedley LJ and Lord Clarke MR agreed with Rix LJ, but Sedley LJ expressed some dissatisfaction with this case. [read post]
