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2 Jul 2021, 8:06 am
Norges Bank also announced its decision to place Hyundai Engineering & Construction Co Ltd under observation due to an unacceptable risk that the company is contributing to or is itself responsible for gross corruption. [read post]
2 Jul 2021, 4:51 am
The Supreme Court in Flood v Times Newspapers Ltd [2012] 2 AC 273 held that the publication of the name of a police officer suspected of corruption was permissible in order to make vivid a story about police corruption, even though the named officer was ultimately cleared of any wrongdoing. [read post]
2 Jul 2021, 4:27 am
In Secretary of State for Health v Servier Laboratories Ltd, where the loss arose because there were no generic equivalents of the invalidly-patented drug, the Supreme Court held that the "dealing requirement" laid down in OBG Ltd v Allan [2008] 1 AC 1, which states that the unlawful means should have affected the third party’s freedom to deal with the claimant, is a necessary element of the tort. [read post]
2 Jul 2021, 4:27 am
In Secretary of State for Health v Servier Laboratories Ltd, where the loss arose because there were no generic equivalents of the invalidly-patented drug, the Supreme Court held that the "dealing requirement" laid down in OBG Ltd v Allan [2008] 1 AC 1, which states that the unlawful means should have affected the third party’s freedom to deal with the claimant, is a necessary element of the tort. [read post]
2 Jul 2021, 1:51 am
In summary, the dealing requirement is part of the ratio of OBG v Allan [2008] 1 AC 1 and no good or sufficient reason has been shown why the Court should depart from the relatively recent decision of the House of Lords in OBG in accordance with the 1966 Practice Statement. [read post]
18 Jun 2021, 2:58 am
On appeal from: [2019] EWCA Civ 152 The Supreme Court has unanimously dismissed this appeal concerning whether, in the context of a claim for clinical negligence, the Court should follow the approach to ascertaining the scope of a defendant’s duty of care laid down in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 (“SAAMCO”) and, if it should, how that approach is to be applied. [read post]
18 Jun 2021, 2:31 am
On appeal from: [2019] EWCA Civ 40 The Supreme Court has unanimously allowed this appeal concerning the approach to ascertaining the scope of a defendant’s duty of care laid down in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 (“SAAMCO”), in the context of professional advice given by accountants. [read post]
9 Jun 2021, 1:39 pm
It was irrelevant for this purpose whether the occupiers were tenants or licensees, although the Tribunal said: We tend to the view that they were mere licensees as this was a legitimate sharing arrangement (see A.G.Securities Ltd v Vaughan (1990) 1 AC 417). [read post]
3 Jun 2021, 4:44 pm
The Judge found that the language of the publication in this case meant that serious harm could be inferred, despite the fact that publication was only to one (the Defendant’s sister) and that she had already been told by X of the Claimant’s alleged assault by the time of the publication (the latter point irrelevant in light of the rule in Associated Newspapers Ltd v Dingle [1964] AC 371). [read post]
Foreign Judgments: The Limits of Transnational Issue Estoppel, Reciprocity, and Transnational Comity
26 May 2021, 8:40 pm
A distinctive feature of Singapore law on issue estoppel is the rejection of the broadly worded “special circumstances” exception to issue in English common law (Arnold v National Westminster Bank plc [1991] 2 AC 93). [read post]
23 May 2021, 7:21 pm
, [1987] AC 460, 478 (HL). [read post]
22 May 2021, 2:46 pm
Pix Credit Hong Kong court denies bid for jury trial by city’s first national security defendant In a very interesting opinion applying the new Hong Kong National Security Law, the Hong Kong SAR Court of First Instance (the lower court of the High Court of Hong Kong) issued its opinion in Tong Ying Kit v. [read post]
18 May 2021, 2:28 pm
., 29 S.W.3d 74, 77 (Tex. 2000) (citing ACS Invs, Inc. v. [read post]
14 May 2021, 1:45 am
The appellant local councils claim that they are entitled to the unpaid business rates from the respondents, either because the lease to the SPV was ineffective to make the SPV the ‘owner’ of the unoccupied property under the 1988 Act, applying WT Ramsay Ltd v Inland Revenue Comrs [1982] AC 300 (Ramsay) (the statutory interpretation ground), or because the SPV should be ignored, relying on Prest v Petrodel Resources Ltd [2013] UKSC… [read post]
6 May 2021, 4:26 pm
Warby LJ made it clear that, contrary to arguments put forward by counsel for Mr Corbyn, the Supreme Court decision in Joseph v Spiller [2011] AC 852 was relevant to this second condition of the honest opinion defence, and not to the first condition set out in section 3(2) of the 2013 Act [23]. [read post]
5 May 2021, 9:07 am
Duke of Bedford v Ellis [1901] AC 1 held that the damage did not need to be exactly the same – the rule should be flexible in order to do justice. [read post]
30 Apr 2021, 7:52 am
Ltd [1910] 2 KB 1021). [read post]
27 Apr 2021, 4:39 pm
It was only a judgment in Markt & Co Ltd v Knight Steamship [1910] AC 426 that drastically constrained the commonality requirement to a “same interest” test and so use of the vehicle. [read post]
12 Mar 2021, 11:20 am
Hybrid Tech – On January 31, 2020, Hybrid Tech Holdings LLC, Hybrid Technology LLC, and Ace Strength International LTD paid $29 million to resolve bid-rigging allegations relating to an auction for a loan made under the Department of Energy’s Advanced Technology Vehicles Manufacturing loan program. [read post]
