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10 Nov 2011, 3:54 am
Comment This case is significant for two reasons: First, it tasks the Supreme Court with answering the question raised obiter by Lady Hale in Savage v South Essex NHS Trust [2009] 1 AC 653, namely “what is the extent of the state’s duty to protect all people against an immediate risk of self-harm? [read post]
10 Nov 2011, 1:42 am
The tenancy agreement stated that it was a ‘tenancy from month to month’. [read post]
10 Nov 2011, 1:42 am
The tenancy agreement stated that it was a ‘tenancy from month to month’. [read post]
9 Nov 2011, 10:39 am
Yesterday, the Supreme Court heard oral arguments in the U.S. v. [read post]
8 Nov 2011, 11:32 am
Then, following Lord Reid in Wickman v Schuler [1974] AC 235, the Court “is entitled to prefer the construction which is more consistent with business common sense” – even if this means an element of judicial creativity, which Patten LJ in the Court of Appeal felt unable to do. [read post]
8 Nov 2011, 10:04 am
United States v. [read post]
8 Nov 2011, 6:37 am
The officer who conducted the search stated that he was looking for articles such as chalk, spray paint or highlighters that had been used in similar protests. [read post]
6 Nov 2011, 1:04 pm
UNITED STATES OF AMERICA, ACTING THROUGH FARM SERVICE AGENCY, f/k/a FARMERS HOME ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE, Appellee. 1st District.Attorney Disqualification: BOFA SEEKS TO OUST AIG LAW FIRM FROM $10 BILLION CASE, AIG v. [read post]
30 Oct 2011, 2:42 pm
State of Madras and Kerala, [AIR 1960 SC 1080]. [read post]
29 Oct 2011, 8:22 am
Limited v. [read post]
29 Oct 2011, 8:22 am
Limited v. [read post]
26 Oct 2011, 2:39 pm
Waste Management/ACE America Ins. [read post]
26 Oct 2011, 6:26 am
(Part 1) http://bit.ly/vZBx4k (Tom Mighell) A Proposal for Preservation Rule Amendments - http://bit.ly/nQ7Jzq (William Wallace Belt) A World of Copyright Confusion on the Web - http://bit.ly/qpGVEW (Craig Smith) ABA Formal Opinion 11-460 is at Odds With Stengart v. [read post]
26 Oct 2011, 5:09 am
In balancing these two rights, Tugendhat J had in mind the “ultimate balancing test” as referred to by Lord Steyn Re S (A Child) [2005] 1 AC 593 (at para 17) and guidance from Lord Bingham in R v Shayler [2003] 1 AC 247 (at para 26) that interference of the ECHR right must not be stricter than necessary to achieve the state’s legitimate aim. [read post]
25 Oct 2011, 2:08 pm
In balancing these two rights, Tugendhat J had in mind the “ultimate balancing test” as referred to by Lord Steyn Re S (A Child) [2005] 1 AC 593 (at para 17) and guidance from Lord Bingham in R v Shayler [2003] 1 AC 247 (at para 26) that interference of the ECHR right must not be stricter than necessary to achieve the state’s legitimate aim. [read post]
24 Oct 2011, 12:25 pm
Data generally cannot be copyrighted in the United States. [read post]
24 Oct 2011, 12:25 pm
Data generally cannot be copyrighted in the United States. [read post]
23 Oct 2011, 2:10 pm
The claimant must show at least a "strong prima facie case" and the balance of convenience test in American Cyanamid Company v Ethicon [1975] AC 396, does not apply, see Francis v The Royal Borough of Kensington and Chelsea [2003] EWCA Civ 443-paragraph 16. [read post]
23 Oct 2011, 2:10 pm
The claimant must show at least a "strong prima facie case" and the balance of convenience test in American Cyanamid Company v Ethicon [1975] AC 396, does not apply, see Francis v The Royal Borough of Kensington and Chelsea [2003] EWCA Civ 443-paragraph 16. [read post]
16 Oct 2011, 5:26 am
This is only the second time that the highest court has considered the application of the “responsible publication in the public interest”, first established by the House of Lords in Reynolds v Times Newspapers ([2001] 2 AC 127) nearly 12 years ago. [read post]