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18 Jun 2018, 5:30 am
It has been five years since FTC v. [read post]
4 Jun 2017, 11:39 am
One of the decisions that I am eagerly awaiting is Sessions v. [read post]
12 Sep 2021, 9:59 pm
Noonan -- Imposition of liability under the equitable doctrine of inequitable conduct (as it has been variously defined) can result in a patent being held unenforceable; for this reason, former Chief Judge Rader called it the "atomic bomb of patent law" (see Aventis Pharma S.A. v. [read post]
8 Jul 2009, 5:38 am
U.S. v. [read post]
15 Feb 2008, 12:02 pm
Back in December, I posted the petition for certiorari in Pearson v. [read post]
26 Jan 2007, 12:37 pm
Microsoft on the future of PCs, Microsoft v. open source on the future of software, etc. [read post]
6 May 2012, 2:09 pm
Killing Industry: The Supreme Court Blows Mayo v. [read post]
3 Mar 2011, 2:05 am
LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164; [2011] WLR (D) 68 “The Court of Appeal had jurisdiction to hear a further appeal from the Special Immigration Appeals Commission only when there had been a final determination of the appeal to the commission and it had issued a decision as to the disposition. [read post]
16 Feb 2010, 2:43 am
Eweida v British Airways plc [2010] EWCA Civ 80; [2010] WLR (D) 37 ”A Christian employee who had been suspended from work for wearing with her uniform a small, visible cross in breach of her employer’s staff dress code, which forbade the wearing of visible neck adornment, had not suffered unlawful indirect discrimination. [read post]
31 Mar 2011, 2:50 am
Pritchard v Co-operative Group (CWS) Ltd[2011] EWCA Civ 329; [2011] WLR (D) 110 “Where a claimant sued a defendant for damages for the torts of assault and battery then, as a matter of law, the defendant could not assert that there had been contributory negligence on the part of the claimant such that any damages awarded in respect of the assault and battery could be reduced to take account of that contributory negligence. [read post]
6 Jun 2007, 1:50 am
London Borough of Islington v. [read post]
22 Jun 2010, 1:25 am
FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696; [2010] WLR (D) 152 “Where a person who had been granted leave to enter or remain in the United Kingdom for a year or more appealed against the refusal of his claim for asylum under s 83 of the Nationality, Immigration and Asylum Act 2002 he was entitled, by virtue of the principle of equivalence under Community law, to include the refusal of his claim for humanitarian protection in the appeal. [read post]
23 May 2007, 10:33 am
Belfast City Council v. [read post]
25 May 2010, 2:11 am
Marshall and others v Deputy Governor of Bermuda and others [2010] UKPC 9; [2010] WLR (D) 133 “Although, in public law proceedings, a public authority had a duty to furnish the court with information which it alone was in a position to provide and without which it would not be possible for the court to assess the merits of an issue which had been raised, that duty did not transfer to the authority the onus of proving matters which a claimant was under a duty and in a position… [read post]
22 Jul 2008, 8:26 am
R (Lewis) v Redcar and Cleveland Borough Council; [2008] WLR (D) 246 “Where, in relation to a question whether user of land had been user as of right, the issue of deference arose as between a landowner and other people making use of the land, the question was how the position would have appeared to the landowner, rather than to the other users, and what would matter to the landowner would be the fact of deference, not the reasons for it. [read post]
27 Oct 2008, 11:00 am
Yorkshire Bank Finance Ltd v Mulhall and Another: [2008] EWCA Civ 1156; [2008] WLR (D) 330 “No provision in the Limitation Act 1980 prevented the enforcement in 2007 of a charging order over land made in 1990 to secure a judgment debt though no attempt at enforcement had been made in the interim. [read post]
29 Jun 2007, 2:29 am
R (National Grid Gas plc) v. [read post]
3 Dec 2010, 1:58 am
Salazar-Duarte v Government of the United States of America [2010] EWHC 3150 (Admin); [2010] WLR (D) 313 “For the purposes of s 103(9) of the Extradition Act 2003, the person whose extradition was sought was deemed to be informed of the extradition order against him when the solicitors acting on his behalf received a letter, whether by post, fax or e-mail, which informed him that the order had been made. [read post]
7 Mar 2011, 2:39 am
Sousa v Waltham Forest London Borough Council [2011] EWCA Civ 194; [2011] WLR (D) 71 “A successful claimant was entitled to seek costs which included a success fee under a conditional fee agreement where the agreement had been entered into between the claimant’s insurers and the lawyers acting for him and the applicable insurance policy provided him with an indemnity as to costs. [read post]
3 Aug 2010, 3:43 am
Leo Pharma A/S and another v Sandoz Ltd; [2010] EWHC 1911 (Pat); [2010] WLR (D) 214 “A sealed court order which had been drawn up and agreed by the parties at the request of the court could not be corrected under the slip rule contained in CPR 40.12(1) unless it had an unintended effect which was inconsistent with the intention of the court. [read post]
