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23 Apr 2021, 1:01 pm
Patten LJ continued, at paragraph 33: “But as with any statutory provision it is necessary to have regard to the totality of the relevant provisions and to construe them by reference to the regime which they were intended to facilitate. [read post]
10 Sep 2019, 3:10 pm
Spain, ([2016] EWHC 2563 (IPEC)), the Court of Appeal (Kitchen LJ and Lewison LJ) was not persuaded that this conclusion necessarily followed from the CJEU’s case law and submitted the question to the CJEU for a preliminary ruling ([2018] EWCA Civ 86). [read post]
18 Aug 2019, 9:52 am
As Lloyd LJ pointed out in Barnsley the allowance of the defence to private law claims must carry with it the public law consequences of relying on such a defence. [read post]
6 Jun 2010, 10:20 pm
In respect of Mrs Watts, Sedley LJ in the Court of Appeal held that the expert evidence showed that there was no reason why the move, if properly handled, should cause her appreciable harm. [read post]
7 Dec 2011, 8:35 am
Though rejected by the CA in the end, it evidently gave at least of one of the judges, Arden LJ, rather more pause for thought. [read post]
21 Nov 2014, 10:08 am
Christopher Clarke LJ said this "[55]... [read post]
4 Aug 2021, 2:23 am
It was concluded that in ‘midnight deadline’ cases, the cause of action arose at, and not after, midnight (in line with the approach of Underhill LJ in Gelmini). [read post]
26 Nov 2010, 4:45 am
What Laws LJ was saying at para 54 [of the GM (Eritrea) case] was that, where a claimant tells lies ona central issue, his or her case will not be saved by general evidence unless that evidence is extremely strong. [read post]
3 Jan 2013, 12:48 am
Lewiston LJ, highlighted that Stack was, as Baroness Hale stated, and unusual case in that the couple had gone to great lengths to keep their finances separate. [read post]
15 Nov 2011, 3:50 am
And indeed he is not the only person: Lord Hoffmann and Laws LJ are very much on a footing with Sumption here. [read post]
19 Mar 2016, 2:41 am
Judgment In a judgment given by Jackson LJ, the Court of Appeal allowed PJS’s appeal. [read post]
22 Mar 2012, 4:56 am
As Jacob LJ has pointed out in Aerotel, [2006] EWCA Civ 1371 [32], “[p]atents are essentially about information as to what to make or do. [read post]
20 Nov 2015, 3:44 am
The frequent referencing and citation of himself as Mr Munby, Munby J or an earlier instance of Munby P to create an interconnected web of Munbyisms is sometimes mind-bendingly difficult to track (a play within a play – or a Munby J within a Munby LJ?). [read post]
10 Mar 2023, 3:26 am
Richards LJ found that these elements were unable to be separated. [read post]
25 May 2013, 2:29 am
Patten LJ, who gave the only substantive judgment, held that she did not have such a claim and ordered possession.The case appears, then, to lack significance: this was an unusual type of SO scheme, and effectively the possession claim was uncontested. [read post]
5 Sep 2010, 9:51 pm
Jackson LJ envisaged a much simplified bill of costs format. [read post]
22 Feb 2011, 4:09 pm
Gross LJ continued at paragraph 49: iv) There is not and cannot be any universal test for resolving when speech goes beyond legitimate protest, so attracting the sanction of the criminal law. [read post]
18 Jul 2018, 6:28 am
Sales LJ declined to rule upon the point, but he doubted that it did. [read post]
9 Jul 2008, 4:26 pm
But Jacob LJ rejected this approach ... because "the patent has not in any way demonstrated that taxol actually works to prevent restenosis. [read post]
29 Dec 2017, 7:59 am
Because “benefits tourism” and the burden on the state must be reduced, like Arden LJ it was “impossible” for Lord Carnwath to hold that the objectives underpinning the regulations fell outside the wide margin of discretion allowed to national governments in this field. [read post]
