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14 Sep 2015, 1:00 am by Ryan Dolby-Stevens, Olswang LLP
In the Court of Appeal, the court considered the development of the case law, especially the recent cases of Murray v Leisureplay Plc [2005] EWCA Civ 963 and El Makdessi v Cavendish Square Holdings BV [2013] EWCA Civ 1539, stating (per Lord Justice Moore-Bick at paragraph 21): “[T]he modern cases thus appear to accept that a clause providing for payment on a breach of a sum of money that exceeds the amount that a court would award as compensation…may not be… [read post]
11 Sep 2015, 1:00 am by Adebayo Lanlokun, Olswang LLP
Lord Hodge, with whom Lord Carnwath agreed, provided a dissenting judgment and specifically addressed the issue of retrospective assessment, citing the general principle stated in W T Ramsey Ltd v Inland Revenue Comrs [1981] UKHL 1 that, despite the fact that legislation to counter tax avoidance as a matter of sound policy may involve provisions with retroactive effect, this does not negate the need for clear and positive words as to the retrospective effect of the… [read post]
8 Sep 2015, 3:55 pm by Lyle Denniston
Although the Supreme Court in late June, in the case of Obergefell v. [read post]
4 Sep 2015, 4:54 am by Timothy P. Flynn
And now, perhaps by the Chancellor's design, here comes his 15-minutes of ill-conceived fame.In denying the requested relief upon completion of the proofs, the Chancellor stated that because of the SCOTUS decision in Obergefell v Hodges, the Supreme Court now needed to clarify, "when a marriage is no longer a marriage. [read post]
3 Sep 2015, 1:45 pm
Hodges this past June is a crudely written joke. [read post]
31 Aug 2015, 5:29 pm by Lyle Denniston
Hodges after the state’s governor ordered all county clerks to give official permission to gay and lesbian couples to wed. [read post]
28 Aug 2015, 10:44 pm by Ruthann Robson
Professor Ruthann Robson, City University of New York (CUNY) School of Law In its substantial opinion in Hodge v. [read post]