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6 May 2012, 2:41 am by INFORRM
David Richards J emphasised that the open justice principle is not a mere procedure rule, but a fundamental common law principle; any departure from the principle is permitted only if it is necessary in the interests of justice; and the the party seeking to establish that necessity must do so by clear and cogent evidence which will be subjected to careful scrutiny by the court. [read post]
2 Sep 2011, 12:14 pm by The Legal Blog
--Where a suit is referred under rule 1A and the presiding officer of conciliation forum or authority is satisfied that it would not be proper in the interest of justice to proceed with the matter further, then, it shall refer the matter again to the Court and direct the parties to appear before the Court on the date fixed by it. [read post]
5 Oct 2018, 3:30 am by Badrinath Srinivasan
Hunt (1877) ILR 2 Cal 202, where the Calcutta High Court held:“We are of opinion that the contract to pay interest at 10 per cent, per mensem, if the principal sum of Rs. 400 were not paid on September 6th, the duo date of the promissory note, is not in the nature of a penalty… In such a provision there is nothing in the nature of a penalty more than there is in a provision, that the promissory note shall bear interest from the day of its date. [read post]
13 Jul 2021, 7:41 am by Mary Brooks, Paul Rosenzweig
They’re designed by commercial companies, public interest groups, intelligence agencies and private investors. [read post]
29 Jun 2014, 10:42 pm by Bruce Boyden
All of the interest in the Supreme Court tomorrow is likely to be focused on Hobby Lobby and, to a lesser extent, Harris v. [read post]
19 Feb 2020, 1:51 pm by Giles Peaker
This is an area in which the legislature has intervened and is better suited than the courts to weigh up competing interests: cf. [read post]
19 Feb 2020, 1:51 pm by Giles Peaker
This is an area in which the legislature has intervened and is better suited than the courts to weigh up competing interests: cf. [read post]
13 Jan 2017, 4:21 pm by INFORRM
The defendants argue that these contentions are misconceived because the Court of Appeal correctly concluded that A v BBC did not alter the applicable principles – which are derived from Re S ([2005] 1 AC 593) and Re Guardian News and Media ([2010] 2 AC 697). [read post]
14 Aug 2019, 7:25 am
Ethicon Ltd [1975] AC 396. [2] Campus Oil v Minister for Industry [1983] IR 38. [3] Okunade v. [read post]
1 Feb 2016, 11:48 am
T 3403-14), asking two interesting questions on "genuine use" of trade marks.* So you are at the museum: has that painting been preserved, restored or maybe even replicated? [read post]
1 Apr 2015, 8:59 am by WIMS
Federal Register Highlights  The following is an alert of Environmental Federal Register announcements that may be of interest. [read post]
21 Feb 2014, 6:19 am
Whether this might be seen as running counter to the goals and principles of the maker movement is an interesting question. [read post]
19 May 2016, 8:56 am by Mark Astarita
  The SEC seeks a final judgment ordering the return of ill-gotten gains plus interest and penalties as well as permanent injunctions from future violations of Section 10(b) and Rule 10b-5 and an officer-and-director bar against Davis. [read post]
13 Dec 2015, 4:01 pm
.* LG Mannheim: there is no German balsamicoMark reports on an interesting (and quite astonishing) German decision addressing the possible infringement of the “Aceto Balsamico di Modena” geographical indication by a German company using “Balsamico” vinegar.* Are the DTSA's ex parte seizure powers the Anton Piller Order's evil American cousin? [read post]
2 Mar 2015, 6:54 am
  Are there any pressure from interested lobbies not to notify it? [read post]
31 Mar 2014, 7:40 am
—Illinois Corridor Connection Group, with equity members ACS Infrastructure Development Inc. and Fengate Capital Management Ltd., and lead contractors Dragados USA Inc., F.H. [read post]
3 Dec 2007, 2:04 pm
He even convinced the New York legislature to purchase an AC generate . . . for use in the electrocution of death-row prisoners. [read post]
17 Aug 2021, 6:40 pm by Michael Douglas
Modified universalism: accepts the central premise of [pure] universalism, that assets should be collected and distributed on a worldwide basis, but reserves to local courts discretion to evaluate the fairness of the home-country procedures and to protect the interests of local creditors …[20] Modified universalism can be understood as a structured form of comity.[21] It asks that all creditors be treated equally but is a tent in that it allows States to choose how to protect the… [read post]