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20 Aug 2012, 1:49 am
While this should normally be easily decipherable from the loan agreement itself, a recent decision of the English High Court (QBD/ Commercial Court) in the matter of Aston Hill Financial Inc v African Minerals Finance Ltd, [2012] EWHC 2173 (Comm.) demonstrates that  a potential area of difficulty may arise where the loan agreement is not clear on this matter. [read post]
19 Aug 2012, 6:11 pm by Giesela Ruehl
Recent highlights include: multiple nationalities in EU Private International Law the European Court of Human Rights and Private International Law parallel litigation in Europe and the US arbitration and the powers of English courts conflict of laws in emission trading res judicata effects of arbitral awards The Yearbook includes the following contributions: Doctrine Stefania Bariatti, Multiple Nationalities and EU Private International Law – Many Questions and Some Tentative… [read post]
17 Aug 2012, 6:17 pm by RI Lawyer
(b) Evaluation procedures (1) Notice The local educational agency shall provide notice to the parents of a child with a disability, in accordance with subsections (b)(3), (b)(4), and (c) ofsection 1415 of this title, that describes any evaluation procedures such agency proposes to conduct. (2) Conduct of evaluation In conducting the evaluation, the local educational agency shall— (A) use a variety of assessment tools and strategies to gather relevant functional,… [read post]
17 Aug 2012, 6:17 pm by RI Lawyer
(b) Evaluation procedures (1) Notice The local educational agency shall provide notice to the parents of a child with a disability, in accordance with subsections (b)(3), (b)(4), and (c) ofsection 1415 of this title, that describes any evaluation procedures such agency proposes to conduct. (2) Conduct of evaluation In conducting the evaluation, the local educational agency shall— (A) use a variety of assessment tools and strategies to gather relevant functional,… [read post]
17 Aug 2012, 5:55 pm by Badrinath Srinivasan
[v] The Act would apply if there exists an arbitration clause in an agreement between the parties. [read post]
17 Aug 2012, 1:25 pm by Eva Arevuo
After all, Bush v Gore in 2ooo really came down to who could vote in Briar county, Florida. [read post]
16 Aug 2012, 9:26 am by Tobias Thienel
Anayo v Germany and Schneider v Germany, read with para 53 of Koch). [read post]
16 Aug 2012, 8:26 am by Tobias Thienel
Anayo v Germany and Schneider v Germany, read with para 53 of Koch). [read post]
16 Aug 2012, 1:34 am
In Faraday Reinsurance Co Ltd v Howden North America Inc & Anor [2012] EWCA Civ 980, the Court of Appeal ruled that the judge at first instance, Judge Beatson, was entitled to conclude that English proceedings would serve a useful purpose when he refused to set aside a service out of the jurisdiction of negative declaratory proceedings by Faraday against Howden.In the Commercial Court decision, Beatson J refused to set aside the service because he found that the policy in… [read post]
15 Aug 2012, 10:39 am by Adam White
  (And then he did so with gusto, embracing a “tradition [that] can, for lack of a better term, be called Whig in the English eighteenth-century sense. [read post]
15 Aug 2012, 7:25 am by Floyd Abrams
There, as in our class, is his stunningly self-assured dismissal of Marbury v. [read post]
14 Aug 2012, 12:06 pm by Lyle Denniston
.” Following the usual practice in such maritime cases, the city sued the houseboat itself, and the case became known as “City of Riviera Beach v. [read post]
14 Aug 2012, 2:56 am
The claim was one in passing off: a sort of  English tort of unfair competition, based on rights in an unregistered name. [read post]