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2 Aug 2014, 8:15 am
To my mind, the second principle identified by Mummery LJ in British Anzani is as relevant to the filing and service of a defence as it is to a counterclaim, when the real question is whether the action is at an end, which question necessarily involves consideration of the matters that are and/or remain in issue between the parties. [read post]
1 Aug 2014, 2:00 pm
(ljs) [read post]
28 Jul 2014, 4:30 am
This was resolved by the Court of Appeal in Polly Peck (Holdings) plc v Trelford [1986] QB 1000, with O’Connor LJ stating (with unanimous approval): “In my judgment section 5 plainly requires the distinct charges against the plaintiff to be founded on separate words, and these must be contained in the passages of which the plaintiff complains. [read post]
26 Jul 2014, 2:00 pm
(ljs) [read post]
25 Jul 2014, 8:31 am
., Knives and the Second Amendment, 47 U Mich JL Reform 167, 210-211 [2013]; Ian Weinstein, Note, Adjudication of Minor Offenses In New York City, 31 Fordham Urb LJ 1157, 1167 [2004]). [read post]
24 Jul 2014, 12:30 pm
It also follows the suggestion of Lewison LJ that the hard line taken in relation to surveys in “standard” trade mark infringement cases may not apply in the other situations he identified. [read post]
22 Jul 2014, 7:19 am
The relationship between EU law and the municipal law of the United Kingdom seems to lend itself to allusions to water. [read post]
19 Jul 2014, 12:19 pm
The second point is that, in Codona (which, of course predates Pinnock), Auld LJ had elided Wednesbury and Article 8. [read post]
16 Jul 2014, 4:36 pm
Moses LJ held that the Order was ultra vires and that the test could not be introduced by secondary legislation. [read post]
6 Jul 2014, 5:53 pm
The appeal in the case of Flood v Times Newspapers, is listed to be heard on 8 or 9 July 2014 by the Master of the Rolls, the President of the Queen’s Bench Division and Sharp LJ. [read post]
6 Jul 2014, 5:12 am
” Jackson LJ dissents from the majority on the weight to be given to the specific factors under CPR 3.9(1). [read post]
3 Jul 2014, 2:00 pm
(ljs) [read post]
30 Jun 2014, 3:09 pm
” However, Jackson LJ was not impressed. [read post]
29 Jun 2014, 5:23 pm
The Phone Hacking Trial has finally come to an end, after 8 months, with one guilty verdict (against Andrew Coulson). [read post]
29 Jun 2014, 2:00 pm
(ljs) [read post]
28 Jun 2014, 3:23 pm
I think the words ‘practically impossible’ do set the standard at too high a level, but, as Chadwick LJ indicated, the threshold is relatively high. [read post]
27 Jun 2014, 4:14 pm
This is the Mail’s take on McFarlane LJ’s recent speech (The 10th Hershmann Levy Memorial Lecture). [read post]
21 Jun 2014, 10:07 am
(ljs) [read post]
16 Jun 2014, 7:13 am
He referred in particular to comments by Laddie J in Mercury Communications Ltd v Mercury Interactive (UK) Ltd [1995] FSR 850, at 863-865; by Jacob J in Laboratoire De La Mer Trade Marks [2002] FSR 51, at [19]; and by Aldous LJ in Thomson Holidays v Norwegian Cruise Line [2002] EWCA Civ 1828; [2003] RPC 32, at [29]. [read post]
16 Jun 2014, 1:26 am
Jackson LJ accepted the force of the minority position in Din but nevertheless “… loyally accept[ed] the decision of the majority as stating the law under the 1977 Act”. [read post]
