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20 Jan 2012, 4:54 pm
However, as the Kitchin LJ emphasized, despite the similarity in composition, calcium alginate and sodium-calcium alginate are not gelling agents. [read post]
12 Sep 2017, 4:40 am
Overall, Davis LJ concluded “I would accept the principal argument advanced by the claimant in the Respondent’s Notice. [read post]
22 Jan 2012, 5:50 am
It was a Court of Appeal permission hearing in front of Rimer LJ. [read post]
17 Jun 2010, 3:41 pm
However, this reference to payment as highlighted by Longmore LJ would seem to require a transfer of monies at each stage. [read post]
18 Dec 2013, 12:36 am
The case reached the court of appeal where the following surprising judgement was made by LJ Lewison (which was unanimously agreed by the other two Judges). [read post]
16 Jun 2014, 1:26 am
Jackson LJ accepted the force of the minority position in Din but nevertheless “… loyally accept[ed] the decision of the majority as stating the law under the 1977 Act”. [read post]
7 Mar 2012, 4:47 pm
Also, in dismissing an appeal against Floyd J’s finding of non-obviousness, Sir Robin Jacob and Kitchin LJ, who wrote jointly for the Court of Appeal, picked up a new (to this Kat) description of obviousness: “This invention was not ob via – in the way” [73]. [read post]
24 Oct 2017, 6:52 am
McCombe LJ (with whom Lord Dyson MR and David Richards LJ agreed) considered the approach to art 6(2) taken by the domestic and Strasbourg courts ([34]-[53]). [read post]
23 Jul 2010, 1:01 am
In his leading judgment, Moses LJ said that he had decided the case on the issue of precedent, rather than the substantive merits. [read post]
23 Mar 2012, 12:00 am
Sullivan LJ, reading the Court’s judgment, said at paragraph 22: ...it is important not to lose sight of Lord Dyson’s warning that “Care should be exercised in giving examples of what might be ‘some other compelling reason’ because it will depend on the particular circumstances of the case“. [read post]
3 Jun 2010, 9:44 pm
For those interested, it can be found at Appendix 25 of Jackson’s LJ’s preliminary report. [read post]
6 May 2016, 4:36 am
Although it should be noted that in the same case, Pill LJ observed, perhaps more conservatively, that, “I hope that those working in this field will not regard ‘men skilled in the art’ as figures from science fiction who lack social skills“. [read post]
28 Jun 2011, 2:58 am
Carnwath LJ commented that “Common sense points to a judge only trial here“. [read post]
31 Jan 2016, 10:00 pm
” It is not entirely clear whether the irony is lost on Jackson LJ of justifying fixed fees as a way to avoid unpopular costs budgeting when costs budgeting one of the key Jackson reforms. [read post]
28 May 2012, 9:07 am
A split of this kind is highly unusual – the most recent example that we are aware of is the case of Sheldrake v DPP [2003] EWHC 273 (Admin) in October 2002 where Latham LJ and McCombe J were unable to agree and directed a hearing before a three judge court which took place 4 months later before Clarke LJ and Henriques and Jack JJ who reached a 2:1 decision (which was itself subsequently overturned by the House of Lords). [read post]
5 Jul 2012, 3:37 am
Solihull MBC successfully appealed to the Court of Appeal where Neuberger LJ held that, in the absence of any provision within the Housing Act 1985, Part IV to the contrary, the common law doctrine of survivorship applied and Solihull LBC were thus entitled to possession. [read post]
9 May 2019, 1:50 am
Patten LJ concluded that Mr Jimenez’s “identifiable relationship with the UK”, by virtue of being a person who is or may be liable for tax in the UK meant that the “sufficient connection” test was satisfied. [read post]
21 Nov 2008, 8:04 am
Moreover, Longmore LJ refused to put such "weight on a representation of intention … to say that it must be taken to be still operative after a lapse of 19 months". [read post]
12 Nov 2008, 9:25 pm
Thus Goff LJ naturally represents himself as acting with moral correctness in following Lord Diplock's rule. [read post]
9 May 2010, 9:50 pm
Responding to that statement, Laws LJ made a number of (now well publicised) observations, which, though vigorously stated, are hardly controversial, upholding the need for a principled approach in the application of law. [read post]
