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7 Jul 2017, 8:53 am
In June 2015, The Court of Appeal (Floyd LJ giving the leading judgment) upheld Arnold J’s finding of no direct infringement but overturned his finding of no indirect infringement due to the AIs generally being dissolved in saline solution which provided a source of sodium ions. [read post]
6 Jul 2017, 8:50 am
The Court of Appeal’s position, in a judgment given by Arden LJ, was that the current entitlements for Zambrano carers are lawful. [read post]
6 Jul 2011, 8:24 am
Fox Distinguished Professor of Business Law “Judging Corporate Law” was the subject of a Law and Finance roundtable held at St Hilda’s College in June, hosted by Oxford University’s Faculty of Law and jointly organized with the University of Pennsylvania Law School.The roundtable featured an extraordinary line-up of judges from the Delaware and English courts, including Mummery LJ (Court of Appeal), Steele CJ (Delaware Supreme Court), Lewison J (Chancery… [read post]
3 Mar 2023, 3:41 am
Valinor Trading 133 CC t/a Kings Castle v LJ De Jager & Others [2023] ZALCJHB 10 (3 February 2023) The author would like to thank Jessica Blunden (candidate attorney) for co-authoring and Verushka Reddy (Director) for her contribution to this blog. [1] Section 191(5)(a) relates to the following types of disputes: if the employee has alleged that the reason for dismissal is related to the employee’s conduct or capacity, or the employee has alleged that the reason for the dismissal… [read post]
27 Dec 2013, 2:59 pm
Here – the 10 most-read Legal Cheek Stories of 2013 : From Ward LJ “This case involves a number of – and here I must not fall into Dr Spooner’s error – warring bankers. [read post]
18 Dec 2011, 8:56 am
It looks like a permission hearing is down in front of Lloyd LJ in the afternoon of 19 December [thanks Bill in the comments].So there we are. [read post]
1 Jul 2016, 12:09 am
” Bank of America, ARB No. 13-099, LJ No. 1997-OFC-016 slip op. at 13 (ARB April 21, 2016)(Corchado L.). [read post]
21 Jan 2010, 1:38 am
Smith LJ, who gave the lead judgment, said the duty under s.29 to provide a safe place of work was absolute, subject to the defence of reasonable practicability, which must be pleaded and supported by evidence. [read post]
28 Jan 2010, 3:14 pm
Effective Fundraising for Nonprofits - This has been the focus of several LJ articles recently. [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]
30 Apr 2012, 8:43 am
Lewison LJ added a short (but important) point about how this would interact with the slip rule (which, he suggested, may be much broader that most people think).* So, there we have it. [read post]
1 Jun 2014, 3:24 pm
Vos LJ held (para 19) that the term ‘surviving spouse’ necessarily involved a greater degree of formality than the wording used in para 2(2)(a) (‘living together as husband or wife’) and that it required that the party ‘became legally the wife or husband in the country in which the ceremony took place’ (para.22). [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]
17 Apr 2018, 12:56 am
In the leading judgment, Lloyd Jones LJ rejected Haven’s argument that previous cases demonstrated that the principle of equitable interference would only apply in cases where there is express notice of the lien (the CFA with Edmondson). [read post]
30 Nov 2009, 12:33 am
The same rule also applies to UK patents under section 76 of the Patents Act 1977 (implemented in a "cack-handed way", according to Jacob LJ here). [read post]
15 Jun 2012, 7:57 am
(A good example is Longhurst Homes Ltd v Killen [2008] EWCA Civ 402 - even before two of the most forgiving LJs a sentence of 9 months wasn't overturned). [read post]
16 Jun 2010, 8:46 am
The CA (Patten LJ giving the only reasoned judgment) made the following points: the claim was really about the limits of the duty to give reasons under common law, and not really about CPR 55.8(2) (but significantly does not seem to address how/whether that common law duty might be developed in this context beyond the observation that it may raise matters which are irrelevant to the decision which the claimant made). [read post]
29 Oct 2008, 10:57 am
What they said, in a judgment delivered by Toulson LJ, was this: * In the case of an alleged infringement under section 10(2) of the Trade Marks 1994 Act (similar marks/goods, similar marks/same goods or same marks/similar goods) giving rise to criminal liability under section 92, a likelihood of confusion had to be proved -- but no likelihood of confusion need be proved for liability under section 10(1) (same marks/same goods). * This was a section 10(1) case and the trade marks, however… [read post]
12 Jan 2009, 11:46 am
Click here for my article in PDF format.Download 08-08-08 Rees Morrison Bonuses NY LJ A mathematical step that allows cross-industry comparisons of benchmarks. [read post]
9 Jan 2009, 12:38 pm
These claims may have arose from the fact that this was a ‘spoof diary’ and inevitable use of material exaggerated for comical expression along side the use of actual fact on the part of Marian Hyde when writing the the diary.Mr William McCormick (Carter Ruck) for the claimant submitted the judgement of Millet LJ in Berkoff v Burchill that “The question, however, is how the words would be understood, not how they were meant, and that is pre-eminently for the… [read post]
