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26 Nov 2019, 4:01 pm
Analogies can be drawn with the Court’s concerns in this jurisdiction in PJS v News Group Newspapers Ltd ([2016] 1 AC 108), albeit that was a civil privacy case and not a criminal one. [read post]
6 Jul 2012, 11:33 am
Kebilene [2000] 2 AC 326 at 381; and see AXA General Insurance Ltd at [32] (Lord Hope DPSC) and [131] (Lord Reed JSC). [read post]
30 Jun 2017, 11:52 am
Arguably, the effect on claimants of the band of reasonable responses test has been ameliorated by decisions such as Newbound v Thames Water Utilities Ltd relying on s 98(4)(b) to emphasis the test’s practical limits: The “band of reasonable responses” has been a stock phrase in employment law for over thirty years, but the band is not infinitely wide. [read post]
3 Feb 2011, 4:45 am
ACED Annual E-Discovery Conference March 23-25, 2011 Hollywood, FL Click here for more information. [read post]
20 Nov 2020, 1:45 am
That case places in question two of the most important decisions on the law of limitation of recent times: Deutsche Morgan Grenfell Group Plc v Inland Revenue Comrs [2006] UKHL 49 (“Deutsche Morgan Grenfell”) and Kleinwort Benson Ltd v Lincoln City Council [1999] 2 AC 349 (“Kleinwort Benson”). [read post]
2 Mar 2009, 3:17 pm
On that basis, should Mrs Bull wish to assert that the ’supplemental deed’ - the second charge - was void, she would be estopped from doing so - this is not incompatible with Cobb v Yeoman’s Row Management Ltd [2008] 1 WLR 1752, which Brighton had relied on. [read post]
26 Mar 2012, 1:32 pm
A/AC.105/C.2/2012/CRP.18) Obama Seeks Global Nuclear Missile Reduction Amid Concern Over DPRK Satellite Rocket – Spaceports Obama Warns North Korea to Halt Launch – Spaceports Pyongyang crashes Seoul nuclear summit – FP Passport Nader Elhefnawy, Why we fall for the hype: contextualizing our thought on space warfare, The Space Review South Korea Says It May Shoot Down North Korean Rocket – Space.com Canada and Japan to Sign Memorandum for Promotion of Space… [read post]
9 Mar 2011, 7:16 am
The judge, applied the accepted “classic test” for frustration given by Lord Radcliffe in Davis Contractors Ltd v Fareham [1956] AC 696, 729: “frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would make a thing radically different from that which was undertaken by the contract”. [read post]
25 Jun 2011, 4:55 am
Cir. 2004)); see also Microsoft Corp. v. i4i Ltd. [read post]
18 Jun 2021, 2:58 am
On appeal from: [2019] EWCA Civ 152 The Supreme Court has unanimously dismissed this appeal concerning whether, in the context of a claim for clinical negligence, the Court should follow the approach to ascertaining the scope of a defendant’s duty of care laid down in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 (“SAAMCO”) and, if it should, how that approach is to be applied. [read post]
16 Jul 2010, 7:37 am
On limitation under the 1998 Act, see Cameron v Network Rail Infrastructure Ltd (formerly Railtrack Plc) (2007) 1 WLR 163. [read post]
2 Mar 2008, 3:46 am
Back in February 2006, the Court of Appeal handed down a judgment in the case of Bolton MBC v Municipal Mutual Insurance Ltd [2006] EWCA Civ 50. [read post]
9 Apr 2012, 5:57 pm
Jeremy Bentham said in a well known passage quoted by Lord Shaw of Dunfermline in Scott v Scott [1913] AC 417, 477: Publicity is the very soul of justice. [read post]
27 Apr 2021, 4:39 pm
It was only a judgment in Markt & Co Ltd v Knight Steamship [1910] AC 426 that drastically constrained the commonality requirement to a “same interest” test and so use of the vehicle. [read post]
9 Dec 2011, 1:48 am
., LTD. 4518 MICROSOFT CORPORATION 3086 CANON KABUSHIKI KAISHA 2551 PANASONIC CORPORATION 2443 TOSHIBA CORPORATION 2212 SONY CORPORATION 2130 INTEL CORPORATION 1652 LG ELECTRONICS INC. 1488 GENERAL ELECTRIC COMPANY 1222 Fuente: http://www.uspto.gov/web/offices/ac/ido/oeip/taf/topo_10.htm Granted patents per technical field Field of technology 2009 2010 Chemistry Food chemistry 457 448 … [read post]
29 Jul 2023, 3:48 am
The Court of Appeal found that the Judge should have instead reviewed the broadcast in the light of the knowledge of the claimant companies which a hypothetical viewer acquainted with those companies would possess (adopting the test derived from Knupffer v London Express Newspaper Ltd [1944] AC 116). [read post]
14 Mar 2022, 1:59 pm
As I noted in a prior post (here), Delaware’s legislature recently enacted a new legislation to permit Delaware corporations to put captive insurance in place as an alternative to traditional D&O insurance. [read post]
3 Sep 2020, 4:28 am
Motherwell v Motherwell ((1976) 73 DLR (3d) 62) and Wainwright v Home Office ([2004] 2 AC 406) expressly contemplated nuisance’s application to privacy. [read post]
16 Nov 2017, 4:09 pm
They have the same rights of free speech as anyone else, subject to the same constraints” (AG v Observer Ltd [1990] 1 AC 109, 201). [read post]
3 Aug 2011, 3:28 pm
This was a power of acknowledged width, although in Re S [2002] 2 AC 313, the House of Lords emphasised the need not to cross the boundary between interpretation and amendment.In this case the proposed interpretation did not change any fundamental feature of the Act, but gave effect to the broader intention that those affected by new roads should be compensated. [read post]
