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19 May 2011, 1:38 am
The latest development is the English Commercial Court decision, West Tankers Inc v. (1) Allianz SpA and (2) Generali Assicurazione Generali SpA [2011] EWHC 829 (Comm). [read post]
18 May 2011, 1:00 pm by McNabb Associates, P.C.
Article 4(2) expressly excludes from the reach of the political offense exception several categories of offenses, including the following: (i) a murder or willful crime against the person of a Head of State of one of the Contracting States, or a member of the Head of State’s family; (ii) an offense for which both Contracting States have the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for… [read post]
18 May 2011, 2:50 am
In the recent English Commercial Court decision of Ispat Industries Ltd v Western Bulk Ltd [2011] EWHC 93 (Comm), the court held that an appeal based on section 68 of the Arbitration Act 1996 (the Act) would only be successful under the most serious of circumstances and where there was or stood to be a risk of substantial injustice to one of the parties.The dispute surrounded a charter under a fixture recap which was cancelled due to an insurgency preventing access to the load… [read post]
18 May 2011, 2:19 am by war
LED Technologies Pty Ltd v Roadvision Pty Ltd [2011] FCA 146 // [read post]
18 May 2011, 1:04 am by Darius Whelan
I wrote an article (available here) for the Sunday Business Post on 8 May contrasting two recent Internet Copyright Cases - the opinion of the Advocate General of the ECJ in Scarlet v SABAM (Press Release Full text in French) and the English High Court judicial review regarding the Digital Economy Act, R. [read post]
17 May 2011, 11:14 pm
Sir Robin stated that this argument is listened to more by Continental judges than by English ones, which is worrying. [read post]
17 May 2011, 5:30 pm by INFORRM
In English law there is an absolute bar to claims by public bodies in defamation. [read post]
17 May 2011, 4:45 pm
 A two-week English course doesn’t turn a foreigner into an English-speaking American. [read post]
17 May 2011, 1:00 pm by McNabb Associates, P.C.
ARTICLE V An accused person shall not be extradited, under the provisions of this Treaty, when, from lapse of time or other lawful cause under the laws of the State asking extradition, he is exempt from prosecution or punishment on account of the punishable act for which extradition is asked. [read post]
17 May 2011, 9:00 am by McNabb Associates, P.C.
ARTICLE V A fugitive criminal shall not be surrendered under the provisions hereof, when, from lapse of time or other lawful cause, according to the laws of the demanding country, the criminal is exempt from prosecution or punishment for the offense for which the surrender is asked. [read post]
17 May 2011, 7:23 am by Schachtman
Eggers and Davey Smith, two well-respected English authors, who write about methodological issues in epidemiology, warn: “Similarly, unplanned data-driven subgroup analyses are likely to produce spurious results. [read post]
17 May 2011, 3:27 am
The decision in CTB v News Group Newspapers [2011] contains a robust judicial response to that criticism. [read post]