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18 Nov 2014, 1:00 am by Anita Davies, Matrix
In such cases the court is not discussing the truth or reasonableness of any of the doctrines of the religious association, but as stated by Lord Davey in General Assembly of the Free Church of Scotland v Overtoun [1904] AC 515 (1904 7 F (HL) 1): “The more humble, but not useless, function of the civil Court is to determine whether the trusts imposed upon property by the founders of the trust are being duly observed. [read post]
5 May 2024, 9:44 am by Eric Goldman
The court not only wants some concrete source of authority to “speak for the state,” but the authority must be in written law or “longstanding” custom (how long? [read post]
9 Aug 2021, 1:44 pm
  As Justice Kruger cogently and concisely) explains:"In California, a long-established set of rules governs stays of injunctive orders — that is, orders to do something or to refrain from doing something. [read post]
21 Jul 2022, 8:20 am by Brian Cordery (Bristows)
Hacon HHJ was not convinced by JCB’s argument, stating (see [56]) that where the evidence otherwise suggests that a claimed invention was obvious at the priority date, an argument of long felt want can only negate that evidence if there is no plausible reason, other than that the invention was not obvious, for the invention having not been performed during the relevant period. [read post]
6 Jun 2017, 3:48 am by SHG
United States provided a break from two notions that the government has long taken for granted. [read post]
30 Mar 2016, 6:48 am
The State alleged that this further search revealed 38,000 additional names and identifying information.Minassian v. [read post]