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5 Apr 2023, 5:18 am
In Pfizer, Birss LJ declined to give a declaration because there were not any UK rights. [read post]
3 Apr 2023, 2:22 am
The Hilary Legal Term ends on Wednesday 5 April 2023. [read post]
2 Apr 2023, 11:13 am
Zaman v London Borough of Waltham Forest and Uduezue v Bexley LBC (2023) EWCA Civ 322 These were two joined second appeals from section 204 appeals, both on the issue of whether the local authorities had lawfully discharged duty following decisions that ‘out of borough’ private sector accommodation was suitable for the applicants. [read post]
31 Mar 2023, 1:00 am
Having regard to Re Blagdon Cemetery [2002] Fam 299, and to the paper presented to the Court by Bishop Christopher Hill on the Theology of Burial [“A Note on the theology of burial in relation to some contemporary questions”, (2004) 7 Ecc LJ 447], de Mestre Ch. determined that there were sufficient exceptional circumstances to justify the grant of a faculty. [read post]
29 Mar 2023, 4:38 pm
Lawrence Collins LJ (as he then was) described it as “a very serious matter for the English court to grant an injunction to restrain enforcement in a foreign country of a judgment of a court of that country” (Masri v Consolidated Contractors International (UK) Ltd (No. 3) [2008] EWCA Civ 625, [2009] QB 503 at [93]). [read post]
29 Mar 2023, 2:12 pm
(LJ)Looking for a Legal Drama to Stream? [read post]
28 Mar 2023, 3:01 am
[1] An extended form of the Note prepared for the Court of Arches by the Rt Revd Christopher Hill is published as: C Hill, “A Note on the theology of burial in relation to some contemporary questions”, (2004) 7 Ecc LJ 447. [read post]
19 Mar 2023, 9:01 pm
In a potentially precedent-setting case, 11 directors of global energy company Shell Plc (formerly Royal Dutch Shell Plc) [1] are being sued in their personal capacity over the company’s energy transition strategy. [read post]
19 Mar 2023, 12:56 pm
Cotton LJ, at p 94, rejected the notion that something can be a nuisance “because it does harm to some particular trade in the adjoining property, although it would not prejudicially affect any ordinary trade carried on there, and does not interfere with the ordinary enjoyment of life. [read post]
10 Mar 2023, 3:26 am
Richards LJ found that these elements were unable to be separated. [read post]
6 Mar 2023, 1:41 am
Warby LJ, with whom Sharp P and Singh LJ agreed, held that Steyn J had been correct in principle to reconsider the issue of serious harm in relation to the period after Ms Cadwalladr’s public interest defence fell away. [read post]
3 Mar 2023, 4:07 am
Valinor Trading 133 CC t/a Kings Castle v LJ De Jager & Others [2023 ZALCJHB 10 (3 February 2023) [1] Section 191(5)(a) relates to the following types of disputes: if the employee has alleged that the reason for dismissal is related to the employee’s conduct or capacity, or the employee has alleged that the reason for the dismissal is that the employer made the continued employment intolerable or the employer provided the employee with substantially less favourable conditions or… [read post]
3 Mar 2023, 3:41 am
Valinor Trading 133 CC t/a Kings Castle v LJ De Jager & Others [2023] ZALCJHB 10 (3 February 2023) The author would like to thank Jessica Blunden (candidate attorney) for co-authoring and Verushka Reddy (Director) for her contribution to this blog. [1] Section 191(5)(a) relates to the following types of disputes: if the employee has alleged that the reason for dismissal is related to the employee’s conduct or capacity, or the employee has alleged that the reason for the dismissal… [read post]
1 Mar 2023, 7:42 am
Andrews LJ stated that company directors may very well face the same conflict when acting in the best interests of the company when they would be obliged to serve the notice on the company’s behalf and, by doing so, would arguably be in breach of their duties to act in the best interests of the company Similarly, the court observed that there may be cases in which an administrator might find themselves in the unenviable position of either committing a criminal offence or breaching… [read post]
23 Feb 2023, 7:07 am
Former GuestKat Darren Meale of Simmons & Simmons presents the twelfth volume in his rundown of notable trade mark cases over the past six months:Retromark Volume XII: the last six months in trade marksby Darren MealeVolume XII has taken a little longer than usual to pull together, but there’s been plenty of good material to squeeze into it. [read post]
23 Feb 2023, 1:28 am
Lewison LJ commented that " [a]lthough these are well-trodden paths for experienced patent litigators, in fact Vodafone did none of these things. [read post]
Case Preview: Thaler v Comptroller-General of Patents, Designs and Trade Marks (Case ID: 2021/0201).
21 Feb 2023, 7:35 am
The Appellant concurs with Birss LJ’s view in the Court of Appeal decision that the property right in an invention arises at the time the invention is created. [read post]
13 Feb 2023, 9:11 am
Asplin LJ, with whom Males LJ and Davis LJ concurred, held that the contract was silent as to what happened if the property sold for less than £6.5 million and so a claim in unjust enrichment would not undermine the express terms of the contract. [read post]
13 Feb 2023, 2:20 am
“I knew that in order to be successful, I had to keep DEIB onto everyone’s agenda, instead of them thinking, ‘Oh, that’s LJ’s job, she’s taking care of it,’” Jackman explains. [read post]
13 Feb 2023, 2:20 am
“I knew that in order to be successful, I had to keep DEIB onto everyone’s agenda, instead of them thinking, ‘Oh, that’s LJ’s job, she’s taking care of it,’” Jackman explains. [read post]