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3 Mar 2023, 4:07 am by Michael Balie
Valinor Trading 133 CC t/a Kings Castle v LJ De Jager & Others [2023 ZALCJHB 10 (3 February 2023) [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 is that the employer made the continued employment intolerable or the employer provided the employee with substantially less favourable conditions or… [read post]
9 Nov 2011, 2:51 am
Examples of the sort of evidence which might be relevant to drawing such inferences are given in Stack v Dowden, at para 69.(4) In those cases where it is clear either (a) that the parties did not intend joint tenancy at the outset, or (b) had changed their original intention, but it is not possible to ascertain by direct evidence or by inference what their actual intention was as to the shares in which they would own the property, “the answer is that each is entitled to that share which the… [read post]
12 Feb 2024, 1:46 am by Brian Cordery (Bristows)
  Given that Neurim was a reference from the English Court of Appeal (on appeal from a decision of Arnold J) in which Jacob LJ stated: “In short, if Neurim are wrong [and an SPC should not be granted], then the Regulation will not have achieved its key objects for large areas of pharmaceutical research: it will not be fit for purpose”, it will be interesting to see what happens. [read post]
4 Mar 2010, 3:15 am
That child, and four younger children of whom he is the natural father, were taken into foster care and the father has since been charged with thirteen criminal offences, and is currently on bail awaiting trial.The Law: The current approach to deciding whether a child should give evidence was stated by Smith LJ in LM v Medway Council, RM and YM [2007] EWCA Civ 9 at paragraph 44:“The correct starting point . . . is that it is undesirable that a child should have to give evidence in… [read post]
11 Mar 2024, 3:52 am by Frank Cranmer
In R v Russell, Popplewell LJ explained the rationale of the common law offence as follows, at [24]: “The offence of preventing a lawful and decent burial, like the similar common law offence of obstructing the coroner in the execution of their duty, is a serious one, which, save in exceptional circumstances, requires a custodial sentence. [read post]
25 Jan 2010, 9:36 pm by Simon Gibbs
  Jackson LJ clearly has doubts about the scheme which he expressed in his report: "I have two concerns about the new process in its present form. [read post]
4 Aug 2015, 4:11 pm by INFORRM
  In the Court of Appeal, Sharp LJ sat on almost every media law case (only missing the full set of the libel appeals by recusing herself from Cruddas due to a family Conservative Party connection). [read post]
2 Nov 2016, 5:36 pm by INFORRM
Stuart-Smith J relied heavily on the dicta of Laws LJ in R v Advertising Standards Authority ex p Vernons Organisation Ltd ([1992] 1 WLR 1289), underlining that the case establishes that the following considerations apply when deciding whether to restrain publication on public law grounds: The courts’ approach to restraining allegedly defamatory statements in private law cases; The existence of a public duty or power to publish; The likelihood that the damage caused by the… [read post]
4 Jul 2011, 12:47 am by David Smith
Laws LJ gave judgement on behalf of all three justices. [read post]
22 Feb 2016, 9:55 pm by Simon Gibbs
Jackson LJ’s proposals run the danger of conflating the two different systems. [read post]
21 Jan 2019, 5:43 am by Dave
  David Richards LJ, giving the only reasoned judgment, held that it was the former, and, as Sandwell had not given thought to the question whether the impending birth of the second child made it reasonable for the household to continue to occupy the flat. [read post]
20 Feb 2007, 9:34 pm
The IPKat says, more importantly - since he (the IPKat, that is - not Jacob LJ) won't be able to attend, he'd like a literate, objective and thoughtful person who is going to be there to offer his services in writing a short note for this weblog. [read post]
23 Feb 2010, 10:01 pm by Simon Gibbs
  Jackson LJ may be intent on killing off the volume costs work but the Ministry of Justice, and those involved in formulating the new rules, have given it a massive boost. [read post]
15 Jun 2012, 7:57 am by S
(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]
22 May 2009, 6:12 am
The parties should also consider the guidance given by Arden LJ in Horvath v Secretary of State for Environment [2007] EWCA Civ 620 at [80]. [read post]
20 Apr 2017, 2:44 am by Brian Cordery
Floyd LJ, delivering the leading judgment, summarised the position as follows: “The priority date is the 24 hour period of the day on which filing took place, in the time zone of the patent office where it was filed. [read post]
7 Feb 2012, 6:52 am by INFORRM
At a hearing today before Gross LJ and Irwin J, the Metropolitan Police accepted that that they breached their duties under Article 8. [read post]
26 May 2013, 10:26 am by Charon QC
@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]
14 Jun 2010, 2:16 am by gmlevine
Cattitude a/k/a LJ Gehman, D2005-0410 (WIPO June 12, 2005) (): “a complainant’s adoption of a common geographically descriptive term for its service mark “faces a greater risk that the combination of that term with another common term will in fact distinguish the new combination. [read post]