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27 Sep 2016, 4:20 pm by INFORRM
This is a Norwich Pharmacal order, named for the case in which it was first granted (see Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133, [1973] UKHL 6 (26 June 1973); see also The Rugby Football Union v Consolidated Information Services Ltd [2013] 1 All ER 928, [2012] 1 WLR 3333, [2012] UKSC 55 (21 November 2012)), and the Supreme Court has affirmed that it forms part of Irish law (see Megaleasing v Barrett (No 2) [1993] ILRM 497; Ryanair… [read post]
The result of this invidious doctrine, as formulated in Chan Wing-Siu v The Queen [1985] 1 AC 168, meant that “if two people set out to commit an offence (crime A), and in the course of that joint enterprise, one of them (D1) commits another offence (crime B), the second person (D2) is guilty as an accessory to crime B if he has foreseen the possibility that D1 might act as he did. [read post]
15 Aug 2016, 12:16 pm by Thomas Kidera
Following the New York Court of Appeals decision in the closely-followed case of ACE Securities Corp., Home Equity Loan Trust, Series 2006-SL2 v. [read post]
3 Aug 2016, 8:05 am by S
The sole exception appears to be where the applicant is close to dying and there is insufficient care available in the returning country to enable the applicant to die with dignity: N v Secretary of State for Home Department [2005] UKHL 31; [2005] 2 AC 296 and N v UK (2008) 47 EHRR 885. [read post]
29 Jul 2016, 8:06 am by Bill Marler
While covering these events, my blog has been inundated with comments expressing outrage at FDA and state regulators for raw milk cheese “crackdowns. [read post]
12 Jul 2016, 6:28 am by Barry Sookman
This duty, which equity will enforce with an injunction, was described in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 as follows: ” If a man has in his possession or control goods the dissemination of which, whether in the way of trade or, possibly, merely by way of gifts (see Upmann v. [read post]
20 Jun 2016, 3:16 am by Peter Mahler
 A decision last month by the Appellate Court of Connecticut — that state’s intermediate appellate court — in Warren v Cuseo Family, LLC, AC 37239 [May 3, 2016], dealt with an interesting set of facts involving the estate of the majority owner of a family-owned LLC and produced an unusual but not surprising ruling giving the executor extraordinary power as temporary receiver to wind up the LLC’s… [read post]
19 Jun 2016, 2:34 pm by Giles Peaker
That left Di Palma v United Kingdom (1988) 10 EHRR CD149 and Wood v United Kingdom (1997) 24 EHRR CD69, both of which found court as public authority not an issue when the court “merely provided a forum for the determination of the civil right in dispute between the parties”. [read post]
19 May 2016, 7:43 am by Rebecca Tushnet
  Hacking into systems is the purview of the CFAA and state anti-hacking statutes. [read post]
9 May 2016, 2:16 pm by Giles Peaker
In the Article 8 defence English case law, the Supreme Court seemed pretty clear on the point, at least as a ‘general rule’, at para 61 of Manchester City Council v Pinnock [2011] 2 AC 104. [read post]