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2 May 2017, 4:28 pm
Nope. https://t.co/tX705Dv0Qv #familylaw — transparency project (@seethrujustice) April 14, 2017 The President’s decision in the troublesome and unsatisfactory case of Re W explained Re W : a “most difficult and concerning case of its type” : https://t.co/64c2f4DFmH #familylaw #adoption — transparency project (@seethrujustice) April 12, 2017 An unusual case of judicial error and the Lord Chancellor’s liability for damages New on… [read post]
25 Apr 2017, 6:00 am
As it turned out, it was 99% about plausibility and only 1% about Second Medical Use.After an introduction by Brian Cordery (Bristows), who highlighted the importance that the plausibility check has gained in patent validity matters in the UK, Floyd LJ explained the complete history of plausibility in less than 5 minutes and with 5 decision. [read post]
25 Apr 2017, 3:12 am
In R (E & Ors) v DPP [2011] EWHC 1465, Munby LJ observed an unmistakable absence of any reported case holding that art 8 could be used to challenge criminal proceedings for a matter falling squarely within the criminal law. [read post]
25 Apr 2017, 3:12 am
Pitchford LJ found that s 25 did not interfere with art 8 rights. [read post]
25 Apr 2017, 2:30 am
Floyd LJ began with a potted history and explained that whereas plausibility can be raised in different invalidity contexts the overall point is that the scope of the claim needs to be justified by the technical contribution. [read post]
24 Apr 2017, 9:14 am
Floyd LJ held that the trial Judge was entitled to base his finding on the common general knowledge functionality of UMTS. [read post]
20 Apr 2017, 1:56 pm
Moreover, he went on to cite with approval, the remarks of Aikens LJ that the duty must be exercised in substance, with rigour, and with an open mind. [read post]
20 Apr 2017, 2:44 am
Floyd LJ, delivering the leading judgment, summarised the position as follows: “The priority date is the 24 hour period of the day on which filing took place, in the time zone of the patent office where it was filed. [read post]
20 Apr 2017, 2:00 am
Laws LJ found against SM on both points. [read post]
17 Apr 2017, 2:00 pm
(ljs) [read post]
11 Apr 2017, 2:15 pm
I do not accept that but even if it is correct, as Dyson LJ (as he was then) said in Rowley v Secretary of State for Work and Pensions (2007) 1 WLR 2861 at paragraph 24: “the efficacy of these alternative remedies (in so far as it is relevant at all) should be judged by what they purport to provide rather than how effectively they work in practice. [read post]
10 Apr 2017, 1:55 pm
Lewison LJ’s somewhat dissenting judgment on this point may be relevant, as he prefers to consider the ‘actual costs’ incurred. [read post]
10 Apr 2017, 5:29 am
” Moderators’ screening criteria derived from rules ratified by LJ—LJ ratified them when one LJ employee discussed changing the rules with Delzer and declined to do so. [read post]
9 Apr 2017, 4:33 pm
Last week in the Courts There was a successful application for permission to appeal in the case of Stocker v Stocker on 5 April 2017 heard by Arden LJ. [read post]
9 Apr 2017, 2:00 pm
(ljs) [read post]
9 Apr 2017, 11:33 am
The question in cases which turn on an intention to return, as explained by Thorpe LJ in Camden LBC v Goldenberg (1996) 28 HLR 727 at 733, is whether a period of absence breaks the continuity of residence. [read post]
8 Apr 2017, 4:33 pm
Joshua Rozenberg interviewed Lord Justice McFarlane on adoption for BBC Radio 4 Law in Action (following the recent inaugural Bridget Lindley memorial lecture) Fascinating interview by @JoshuaRozenberg with McFarlane LJ on #adoption: https://t.co/bw5rSdumIK; see further eg https://t.co/hRyHqWs22q. [read post]
7 Apr 2017, 1:00 am
LJ Robin Jacob wrote as early as in 2005 in the Festschrift for Gert Kolle and Dieter Stauder (Heymanns Verlag, 2005) that the EPO opposition and appeal procedures have become so “slow and cumbersome” that, “sooner rather than later, it will be subject to successful attack for breach of Art 6 of the European Convention on Human Rights. [read post]
5 Apr 2017, 7:35 am
Darren MealeFrom former guest Kat Darren Meale (Simmons & Simmons and IPEC DDJ) comes a very handy review of the past twelve months in trade mark litigation. [read post]
1 Apr 2017, 4:48 pm
Mr Booker then speculates that McFarlane LJ’s remarks about regular ill-informed and deliberately incorrect press commentary that encourages such distrust of the system must refer to him; notes that for a senior judge to claim that what one writes is not just “incorrect” but “deliberately incorrect” is a pretty strong charge; and concludes therefore that McFarlane LJ has shown himself nothing more than an apologist for a malfunctioning child… [read post]
