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22 May 2010, 6:12 am
Stanley Burnton LJ adds It is clear that the price stated in a notice served under section 125 is not set in stone. [read post]
14 Jun 2018, 7:12 am
Issues to be decided by the Supreme Court Longmore LJ held that a duty of care in negligent misstatement could not be owed to an undisclosed principal and that Playboy, as Burlington’s undisclosed principal, was not owed a duty of care. [read post]
21 Mar 2012, 11:28 am
As Stanley Burnton LJ said, If they consider that the risk is sufficiently great to justify Mrs Rajavi’s exclusion, this Court is not in a position to say that is mistaken. [read post]
14 Aug 2017, 4:17 pm
Sharp LJ said “The courts, here and elsewhere, have recognised the cardinal importance of press freedom and the need for any restriction on that freedom to be proportionate and no more than is necessary to promote the legitimate object of the restriction,” [102] Special emphasis is placed on the protection of statements of a political nature, as well as statements on wider issues of legitimate public concern, to which the court had to have particular… [read post]
25 Jul 2011, 4:48 am
“No”, seems to be the Court of Appeal’s answer to the question posed by the heading above; indeed Rix LJ goes as far to say that “the provision of such money can be as much an insulation against family life as evidence of it. [read post]
8 Jan 2014, 5:45 am
However, Mance LJ’s judgment in the Bath case hints that the equitable jurisdiction has a more fundamental objective, namely “to avoid any further financial loss and any cause for a claim to such damages. [read post]
19 Nov 2011, 10:06 pm
As Jackson LJ rightly pointed out in his judgment, the argument could be tested by asking what the position would have been if Mr Smales had submitted a bill to the executors in 2001, before he had negotiated with the insurance company. [read post]
21 Apr 2011, 5:21 pm
In Bulbinder Singh, Moore-Bick LJ agreed that the ordinary course of business test has been correctly formulated but held that there is no effective analogy between a retention of title clause and a floating charge. [read post]
Case Preview: Thaler v Comptroller-General of Patents, Designs and Trade Marks (Case ID: 2021/0201).
21 Feb 2023, 7:35 am
The Appellant concurs with Birss LJ’s view in the Court of Appeal decision that the property right in an invention arises at the time the invention is created. [read post]
26 Apr 2024, 1:32 am
On appeal, Birss LJ wrote the lead judgment, which, although not replete with new law, is of interest in particular for its commentary on practice and procedure. [read post]
18 Dec 2009, 9:47 am
The Court of Appeal (Smith LJ giving the leading judgment) held against Mrs Ariemuguvbe on both points. [read post]
24 Apr 2011, 5:04 pm
In giving judgment Ward LJ paid specific regard to the importance of a free press – and more controversially – their need to sell newspapers: “To restrict publication simply to save the blushes of the famous, fame invariably being ephemeral, could have the wholly undesirable chilling effect on the necessary ability of publishers to sell their newspapers. [read post]
19 Feb 2015, 1:44 pm
Per Sales LJ In my view, the best guidance on the relevant analytical framework for present purposes is given in the speech of Lord Wilson JSC (speaking for the majority) in Hounga v Allen [2014] UKSC 47; [2014] 1 WLR 2889. [read post]
1 Nov 2016, 5:19 am
Giving the judgment of the court, Arden LJ held that there was no violation of ECHR, art 14 (read with art 8). [read post]
29 Mar 2012, 11:00 pm
A world in which all players can feel better by delivering to each other fine lists of guiding principles [55] Arden LJ predicts that It is not beyond the realms of imagination to see that in years to come the Strasbourg court will regard it as a necessary step by a state to have some procedures in place to monitor the activities of the media. [read post]
11 Jun 2011, 1:23 pm
Referring to AM (Somalia) v Entry Clearance Officer [2009] EWCA Civ 634, in which it was said that hardship does not of itself render a matter disproportionate, especially where alternative provision for exceptional cases is made (Kay LJ, at [29]). [read post]
28 May 2011, 10:04 am
Perhaps the most interesting part of the judgment (unless you are a died-in-the-wool planner lit up by the intricacies of development plan-making powers) is Sullivan LJ’s consideration of a point which he himself raised. [read post]
25 Oct 2008, 6:18 am
And you can guess where this one goes: to his horror all the other counsel - the regular boys, LJ Hearditallbefore's little posse - were all in full circus outfits. [read post]
22 May 2010, 6:12 am
Stanley Burnton LJ adds It is clear that the price stated in a notice served under section 125 is not set in stone. [read post]
20 Jul 2011, 12:07 am
As Gross LJ observed, those who choose to conduct their quarrels in such a fashion take the risk that they may not be able to insist thereafter on clear boundary lines between what is public and what is private – regardless of whether they were, hitherto, only public personalities in a very limited sense. [read post]
