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22 Sep 2016, 7:10 am
  One way of putting this is whether the skilled person “would”, rather than “could”, arrive at the claimed invention without inventive effort (mirroring the EPO test of T2/83), but Lord Justice Floyd (delivering the Court of Appeal decision with which Lord Justice Kitchin and Lord Justice David Richards agreed) stated that this dichotomy can be misleading, as it may bring in non-technical considerations that are not… [read post]
1 Oct 2023, 6:30 am by Guest Blogger
In the recent UK Supreme Court decision O (a minor), R (on the application of v Secretary of State for the Home Department [2022] UKSC 3, Lord Hodge provided a pithy statement of the approach of the courts in that jurisdiction. [read post]
25 Mar 2019, 2:00 am by Matrix Legal Support Service
Secretary of State for Work and Pensions v Gubeladze, heard 12-13 Mar 2019. [read post]
1 Apr 2022, 7:43 am by CMS
  Interestingly, Lord Briggs (who joined the majority), noted that “the simple test proposed by Lady Arden and Lord Burrows may occasionally involve the recognition of the equitable lien in wider circumstances than is strictly justified by its animating access to justice principle. [read post]
7 Feb 2022, 4:09 pm by INFORRM
  Where a state breaches the ECHR, a Court set up by signatory members – the European Court of Human Rights (which has nothing to do with the European Union) – can order a state to pay an aggrieved citizen compensation. [read post]
21 Dec 2016, 12:48 am
  The authority cited in support of this proposition is Pozzoli SPA v BDMO [2007] EWCA Civ 588, in which Jacob LJ stated at para 10: "I would add this about permission to appeal in patent cases generally. [read post]
20 Mar 2013, 2:02 pm
Lord Neuberger, delivering the judgment of the Court, stated that whether a party was 'making' something was a "a matter of fact and degree". [read post]
27 Mar 2017, 1:00 am by Matrix Legal Support Service
R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department, heard 15-16 February 2017. [read post]
4 Dec 2014, 9:04 am by Vipul Kapoor, Olswang LLP
However, the justices did discuss it, with a notable point arising in that Lord Collins and Lord Sumption agreed that the contract, as well as the conveyance and the mortgage, were all part of the same transaction, whilst Lady Hale, Lord Wilson and Lord Reed disagreed that the contract was part of the indivisible transaction. [read post]
15 Jan 2014, 4:10 pm
Indeed, Lord Sumption stated in his judgment that patent law should depend on “more substantial and predictable considerations than these”. [read post]
7 May 2013, 4:00 am by Malcolm Mercer
The House of Lords put this nicely in Hilton v. [read post]
20 Nov 2012, 10:04 am
  In today's ruling the court (Lords Justices Lewison -- who is a former Patents Court judge -- Etherton and Hughes) allowed M&S's appeal. [read post]
9 May 2016, 12:05 am by Anthony Fairclough
R (Public Law Project) v The Lord Chancellor, heard 18 April 2016. [read post]
15 Feb 2012, 9:22 pm by Charon QC
s licence to kill and torture The Guardian: Lord Justice Moses and the 161 criteria The Guardian: Why is Abu Qatada not on trial? [read post]
17 Dec 2014, 12:00 am by Darryl Hutcheon, Matrix
This week, the Supreme Court hears the appeal in Hotak v London Borough of Southwark, which is joined with the appeals in Johnson v Solihull and Kanu v Southwark. [read post]