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12 Mar 2012, 1:24 am
Giving judgment for the Court of Appeal, Lewison LJ said: “It is obvious that the power to grant relief against sanctions is a discretionary power. [read post]
15 Feb 2018, 3:14 am
Secondly, he referred to the Plaintiff’s decision to enter the public arena, by which he should have known that his personal background would be of interest. [read post]
7 Feb 2020, 3:45 am
This was consistent with the decision reached by the Divisional Court ([2018] EWHC 1955 (Admin): Legatt LJ and Nicol J). [read post]
3 Jun 2011, 5:34 am
The Court of Appeal (Arden LJ dissenting on the procedural issue only) reversed the High Court’s decision and held that the Special Commissioners had jurisdiction to hear any legal argument relevant to the subject matter of the conclusions stated in a closure notice. [read post]
Shoulda Woulda? Alberta Court of Appeal Considers the Mental Element of the Tort of Civil Conspiracy
19 Apr 2012, 4:44 am
The case is also interesting for the absence of any reference to the recent Ontario Court of Appeal jurisprudence on the matter, perhaps signifying the development of distinct Western-Canadian jurisprudence on the subjection of economic torts. [read post]
26 Nov 2014, 5:22 am
The Divisional Court (Gross LJ, Swift and Foskett JJ) began by considering the relevance of the decision of the European Court of Human Rights in Gillan v UK 50 EHRR 1105. [read post]
22 Nov 2012, 12:09 pm
This judgment may not address the disquiet felt by some about the irreversibility of a life sentence, expressed by Laws LJ in R (Wellington) v Secretary of State for the Home Department [2007] … a prisoner’s incarceration without hope of release is in many respects in like case to a sentence of death. [read post]
15 Jan 2021, 1:45 am
In the proceedings the FCA has represented the interests of policyholders. [read post]
12 Mar 2012, 8:01 pm
The important point is that the sham doctrine does not invite any substance over form analysis – as Diplock LJ’s judgment in Snook points out, a document is a sham if the parties give it an appearance is at variance with their own intention. [read post]
9 Aug 2017, 3:09 am
The Court of Appeal unanimously dismissed Mr Khuja’s appeal, with Sharp LJ giving the only judgment. [read post]
28 Jul 2014, 4:30 am
This was resolved by the Court of Appeal in Polly Peck (Holdings) plc v Trelford [1986] QB 1000, with O’Connor LJ stating (with unanimous approval): “In my judgment section 5 plainly requires the distinct charges against the plaintiff to be founded on separate words, and these must be contained in the passages of which the plaintiff complains. [read post]
23 Mar 2012, 12:41 pm
In particular, Longmore LJ stated (at [86]) that:'The question in a case of misuse of private information is whether the information is private not whether it is true or false. [read post]
6 Aug 2013, 8:11 am
The principal judgment given by Mummery LJ. [read post]
29 Mar 2011, 6:39 am
An Antitrust Analysis of NBA and NFL Draft Eligibility Rules, 9 UNIVERSITY OF DENVER SPORTS & ENTERTAINMENT LJ 22 (2011) Sonali Chitre, Technology and copyright law—illuminating the NFL’s ‘blackout’ rule in game broadcasting, 33 HASTINGS COMMUNICATION & ENTERTAINMENT LAW JOURNAL 97 (2010) Reid Coploff, Exploring gender discrimination in coaching, 17 SPORTS LAWYERS JOURNAL 195 (2010) Chris Deubert, What’s a ‘Clean’ Agent to Do? [read post]
14 Aug 2012, 2:56 am
Rule No (1) may not make for tidy law, but the slightly non-rigid nature of passing off is what makes it so useful (and – dare the AdvoKat say it – interesting). [read post]
10 Apr 2012, 1:26 am
Against this backdrop, Steyn LJ in CTN had held there that the key question is not whether the conduct was 'lawful', but whether it was 'morally or socially acceptable'. [read post]
27 Jan 2011, 2:05 pm
They will be most interested to hear of your observations on the new Bribery Act…. a statute of some importance in The City and, certainly, to some of our more adventurous clients. [read post]
16 Jan 2012, 10:00 pm
The main claim of interest, claim 1A of Merial's European Patent (UK) 0 881 881 claimed a “spot on” formulation of fipronil for the treatment of fleas. [read post]
20 Nov 2010, 2:01 am
Libel should remain distinct from privacy claims, where the truth (or falsity) of the information is irrelevant and a balancing of public interests may be required. [read post]
24 Mar 2010, 4:32 am
It is an interesting and also a complicated issue to deal-with. [read post]
