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26 Feb 2022, 9:44 am
Complicity is further contextualized in UNGP 19 (internalizing the prevention-mitigation principle in enterprise operations); and UNGP 22 (remediation); UNGP 23 (context);and UNCP 24 (prevent-mitigate-remedy and prioritization of addressing human rights impacts).UNGP 19 adds substantial context to the cause or contribute standard in its elaboration of the prevention and mitigation objectives of human rights due diligence… [read post]
24 Feb 2022, 6:04 am by Matthias Weller
“ These findings have emerged from a reference by the Audiencia Provincial de Barcelona (Provincial Court, Barcelona), by judgment of 15 September 2020, in which no less than six rather detailed questions were raised (para.) 26, with a view to the following facts (paras. 17 et seq.): „17. [read post]
23 Feb 2022, 4:00 am by Administrator
No. 163 (SCJ, Kelly) at para. 32. [read post]
21 Feb 2022, 9:36 am by Kay Marbiah
  [1] Bloomberg LP v ZXC, [2022] UKSC 5, available here: https://www.supremecourt.uk/cases/docs/uksc-2020-0122-judgment.pdf [2] Judgment, para 13 [3] Judgment, para 18 [4] Judgment, para 21 [5] Judgment, para 67 [6] Judgment, para 50 [7] Judgment, para 81 [8] Judgment, para 108 [9] Judgment, para 111 [10] Judgment, para 116 [11] Judgment, para 121 [12] Judgment, para 142 [13] Judgment,… [read post]
21 Feb 2022, 9:24 am by Eugene Volokh
From Franklin County Common Pleas Judge Carl Aveni's decision in Bontell v. [read post]
16 Feb 2022, 4:08 pm by INFORRM
The Supreme Court yesterday handed down judgment in ZXC v Bloomberg LP [2022] UKSC 5. [read post]
16 Feb 2022, 5:26 am by Jocelyn Hutton
Such circumstances are likely to include, but are not limited to, those identified in the Court of Appeal’s decision in Murray v Express Newspapers plc [2008] EWCA Civ 446 at para 36 (the so-called “Murray factors”). [read post]
13 Feb 2022, 5:39 pm by Omar Ha-Redeye
Canada (Secretary of State) at para 39, clarifying the distinction between “retroactivity” and “retrospectivity,” and stated, [45] Remedial legislation is to have a broad and liberal interpretation: Machtinger v. [read post]
10 Feb 2022, 6:12 am by Matthias Weller
Therefore, and reconnecting to older case law (para. 39), legislation is still valid “with regard to a criterion based on the nationality of the person concerned, … although in borderline cases occasional problems must arise from the introduction of any general and abstract system of rules” so that “there are no grounds for taking exception to the fact that the EU legislature has resorted to categorisation, provided that it is not in essence discriminatory having… [read post]
7 Feb 2022, 5:19 am by JURIST Staff
Private nuisance is “interference” with someone’s “use or enjoyment of land that is both substantial and unreasonable” (Antrim Truck Centre Ltd. v Ontario (Ministry of Transportation) 2013 SCC 13 at para 18, my underlining). [read post]
7 Feb 2022, 4:29 am by Peter Mahler
In another First Department decision earlier this month, the court in Newman v Newman affirmed a decision by Manhattan Commercial Division Justice Barry R. [read post]