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22 Feb 2020, 3:35 pm
” The present Court of Appeal’s approach to Spencer was that It can be seen from what Lewison LJ said at (32) that he read Hale LJ’s judgment in the same way that I do, namely as holding that the reasonable recipient of the notice in that case would interpret “on 4 January 2003” as meaning just that. [read post]
15 Sep 2017, 4:15 pm
Sharp LJ is a media law specialist, but the lead judgment was in fact given by Davis LJ. [read post]
14 Jan 2015, 10:05 am
Before "cut and paste", IPjudgments were shorter ...This Kat welcomes a couple of his favourites back to the blog. [read post]
8 Jun 2021, 11:32 am
Arnold LJ recounted the progression of the proceedings to conclude that this point had only ever been advanced by Motors as part of its honest use defence, which had failed. [read post]
19 Mar 2012, 6:30 am
A full analysis will follow, but these are the headlines, most of which can be drawn from [46] of Carnwath LJ’s judgment: i) the common law of “Reasonable user” is at most a different way of describing old principles, not “an excuse for reinventing them”. [read post]
20 Jul 2012, 9:10 am
The Court of Appeal recognised Neurim’s case as having merit and questions were referred to the CJEU in a characteristically robust judgment by Jacob LJ. [read post]
31 Jan 2015, 6:33 am
At this meeting, Steen Bille Larsen, assistant to the Royal Library’s director general, told LJ, “it was discussed how to intensify the acquisition of written cultural heritage from Muslim organizations and from leading spokesmen and religious persons in Denmark. [read post]
22 Apr 2013, 3:51 am
Guidance can be found in the case of Lyons v Lyons [2010] where Rimmer LJ comments that a best endeavours undertaking is “one that imposes a high burden of responsibility”. [read post]
12 Mar 2012, 5:08 pm
--Arthur Allen Leff, Ignorance, Injury and Spite: The Dynamics of Coercive Collection, 80 Yale LJ 1, 25-6 (1970) [read post]
26 May 2013, 10:26 am
@TheCriminalBar: Ex LJ with 40+ yrs experience of Legal System says reforms a disaster Ambitious Minister with 0 yrs says No #GoFigure http://www.express.co.uk/news/uk/402682/Justice-Secretary-Chris-Grayling-defends-legal-aid-reforms … I suspect that few lawyers with experience of libel law will have been taken by surprise by Tugendhat J’s judgment in the Sally Bercow Tweet case (judgment here) – Joshua Rozenberg covered the matter: Sally Bercow learns the… [read post]
28 Jul 2009, 9:55 am
From an extended examination of Chadwick LJ’s judgment in Oxley v Hiscock [2004] EWCA Civ 546, which expressly raises ‘fairness’ on the basis of relevant conduct as the criterea by which share of interest should be assessed, in the absence of express agreement, and Stack v Dowden [2007] UKHL 17, which appears to limit ‘fairness’ and expressly concerned shares in a property in joint names, where Oxley v Hiscock concerned a sole proprietor, Mr… [read post]
25 Oct 2015, 1:14 pm
On 8 August 2014, Laws LJ granted the defendant, Associated Newspapers Limited (“ANL”) permission to appeal against Dingemans J’s conclusion that the claimants had a reasonable expectation of privacy. [read post]
20 May 2013, 5:23 am
Laws LJ decided that SL’s care co-ordinator was “looking after” SL by “doing something for the claimant which he cannot do for himself: he is monitoring his mental state so as to avoid if possible a relapse or deterioration. [read post]
28 Dec 2012, 11:05 am
A letter from BAA in 2004 corroborated the suggestion that Mr D had moved his van and structures on to Hounslow’s strip from the BAA strip in late 2003 or early 2004.Noting that having heard Mr D, the Court could well imagine how he had persuaded Tomlinson LJ to grant permission, the appeal was dismissed and the stay on possession lifted 28 days after judgment. [read post]
23 Dec 2013, 7:49 am
Lewison LJ answers that question unequivocally: “The policy underlying both the Software Directive and the Information Society Directive is identical. [read post]
9 Aug 2010, 7:13 am
Thomas Krattenmaker & Steve Salop, Anticompetitive Exclusion: Raising Rivals’ Costs to Achieve Power Over Price, 96 Yale LJ (1986). [read post]
14 Jun 2018, 2:01 am
The judgment did not deal with infringement on the newly established basis of equivalents and it is, perhaps, noteworthy that the Judge quoted Jacob LJ in Virgin: “[…] it further follows that there is no general ‘doctrine of equivalents”. [read post]
12 Nov 2008, 12:54 pm
Could the "somewhat" be that a majority of non-IP judges in this decision got it wrong and our own Jacob LJ got it right ...? [read post]
16 Dec 2008, 11:02 pm
In response, the question Jacobs LJ asked is significant: That boils down, as I see it, to a simple question: could the court be satisfied that there was no longer any real risk that the appellant would not do to the property that which he had done before? [read post]
26 Apr 2011, 6:02 am
HHJ Mitchell agreed and dismissed the claim On appeal, conducted in person by Mr Allen, as was the trial below, Rix LJ found that Mr Allen was effectively just a re-arguing of the case on it's facts and therefore disclosed no ground that would give a real prospect of success. [read post]
