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29 Dec 2021, 12:00 pm
As long-time readers of this blog know, one of the long-range concerns in the D&O insurance industry is the possible exposures of corporate directors and officers to liability claims arising from climate change (as discussed most recently here). [read post]
28 Dec 2021, 4:25 pm
In upholding the first instance decision, Dingemans LJ reiterated the principles to finding malice from Horrocks v Lowe [1975] AC 135. [read post]
16 Dec 2021, 3:27 pm
The property, the Stamford Brook Centre, was owned by NHS Property Services Ltd. [read post]
13 Dec 2021, 12:18 pm
That test is a crystallisation of a process first articulated in Campbell the same year (Campbell v MGN Ltd [2004] 2 AC 457), a case I’ll come back to. [read post]
The appearance of a substantial defence in possession claims, and property guardians and possession.
6 Dec 2021, 2:56 pm
The principles applicable to an application for summary judgment are well-settled (see for example Easyair Ltd v Opal Telecom Ltd [2009] EWHC 539 (Ch)); and I need not set them out here. [read post]
3 Dec 2021, 12:19 am
In reaching this conclusion, the Senior Master referred to: Campbell v MGN Ltd [2004] UKHL 22 at [132]; McKennitt v Ash [2008] QB 73 per Buxton LJ at [8]; Wainwright v The Home Office [2004] 2 AC 406 at [18]-[19] and [23], [43] and [62] Perhaps unsurprisingly, the notion of a tort of physical intrusion privacy were given short shrift. [read post]
16 Nov 2021, 2:10 am
In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, which delivered further guidance to commercial parties and arbitration practitioners on the issue of the governing law of arbitration agreements. [read post]
12 Nov 2021, 1:46 am
He also referred to various passages from case law including Lord Diplock’s observations in Fothergill v Monarch Airlines Ltd [1981] AC 251, 279: “Elementary justice or, to use the concept often cited by the European Court [of Justice], the need for legal certainty demands that the rules by which the citizen is to be bound should be ascertainable by him (or, more realistically, by a competent lawyer advising him) by reference to identifiable sources that are publicly… [read post]
7 Nov 2021, 10:36 am
Ltd., Civil Action No. 20-1652-LPS (D.Del. [read post]
7 Nov 2021, 10:36 am
Ltd., Civil Action No. 20-1652-LPS (D.Del. [read post]
28 Oct 2021, 8:13 am
Afghanistan Ltd, No. 350393 (Mich. [read post]
19 Oct 2021, 1:52 pm
Securicor Transport Ltd [1980] AC 827. [read post]
18 Oct 2021, 7:22 am
[A forthcoming article of mine in the New York University Journal of Law & Liberty.] [read post]
8 Oct 2021, 4:01 am
Ltd. v Diaconicolas & Capsopolus, the court stated that regardless of how ‘novel, original or striking’ the colour scheme may be, it was not a feature that was relied upon by the ordinary purchaser to identify the source of the product. [read post]
24 Sep 2021, 3:10 am
See also AIC LTD v. [read post]
12 Sep 2021, 4:32 pm
Thin, nonsensical, and desperate, it makes the defence in The Duchess of Sussex v Associated Newspapers Ltd seem meritorious by comparison, which, as readers of this blog will know, it was anything but. [read post]
17 Aug 2021, 6:40 pm
Available at Westlaw Australia. [5] Alex Mills, Party Autonomy in Private International Law (CUP, 2018) 53, citing Peninsular and Oriental Steam Navigation Co v Shand (1865) 16 ER 103. [6] Alex Mills, The Confluence of Public and Private International Law (CUP, 2009), 53. [7] Antony Gibbs & Sons v Société Industrielle et Commerciale des Métaux (1890) 25 QBD 399, 405 (Gibbs). [8] Alex Mills, Party Autonomy in Private International Law (CUP, 2018) 56, Lord Collins et al,… [read post]
6 Aug 2021, 8:43 am
In overturning the Court of Appeal’s decision, the UKSC criticised it for relying on British Glanzstoff Manufacturing Co Ltd v General Accident, Fire and Life Assurance Corpn Ltd [1913] AC 143. [read post]
1 Aug 2021, 8:05 pm
Turning to the question of whether the director’s knowledge could be attributed to All Class for the purposes of disclosure, the court followed the principles from Tesco Supermarkets Ltd v Nattrass [1972] AC 153 which requires consideration of the “directing mind and will” of the company. [read post]
1 Aug 2021, 1:54 pm
Properties Ltd (director Mr Mohamed Mohsen Hamdi Ahmed). [read post]
