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3 Oct 2022, 9:02 am by CMS
The Lord Advocate also addresses the decision of the Inner House of the Court of Session in Keatings v Advocate General.3 That case was raised by a pro-independence campaigner who asked the Court of Session to provide several declarators that the Scottish Parliament was able to legislate for a referendum on Scottish independence. [read post]
8 Sep 2022, 4:30 am by Jonathan Ross (Bristows)
The judge considered the factors on secondary indications set out by Laddie J in Haberman v Jackel [1999] F.S.R. 683 (and approved by Jacob LJ in Schlumberger v Electromagnetic Geoservices [2010] EWC Civ 819). [read post]
2 Sep 2022, 8:09 am by CMS
On 1, 2 and 3 February 2022, the Supreme Court heard the appeals in (i) Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd (the “Compton Beauchamp Appeal”); (ii) Cornerstone Telecommunications Infrastructure v Ashloch Ltd & Anor (the “Ashloch Appeal”); and (iii) On Tower UK Ltd v AP Wireless II (UK) Ltd (the “On Tower Appeal”). [read post]
2 Sep 2022, 4:43 am by INFORRM
In Flood, Lord Phillips pointed out that the question of public interest is ‘not a black and white test’ [30]. [read post]
1 Sep 2022, 12:57 pm by INFORRM
Hannon v News Group Newspapers Ltd [2015] EMLR 1, Richard v BBC [2019] Ch 169 and Sicri v Associated Newspapers Ltd [2021] 4 WLR 9). [read post]
26 Aug 2022, 10:43 am by INFORRM
Even as a matter of English, the word “exceptional” does not appear to add a great deal to “compelling”. [read post]
25 Aug 2022, 4:57 am by Zak Gowen
In other words, “the claimant must know about the mistake (or in this case the concealment) with sufficient confidence to justify embarking on the preliminaries to the issue of proceedings. [read post]
22 Aug 2022, 6:41 am by CMS
The simple, brief wording of Article 3 leaves it open to varied interpretation which can create obstacles to categorising eco-anxiety within it because of its ambiguity. [read post]
The three questions on how to address equivalents were set out by Lord Neuberger in Actavis v Lilly [2017] UKSC 48: Does the variant achieve substantially the same result in substantially the same way as the invention (i.e. the inventive concept revealed by the patent)? [read post]
20 Jul 2022, 4:37 am by Matrix Legal Support Service
Lord Burrows sets out the correct modern approach to statutory interpretation, which is that the court is concerned to identify the meaning of the words used by Parliament, and in so doing, the context and purpose of the provision or provisions are important. [read post]
17 Jul 2022, 1:00 am by Frank Cranmer
The Committee is seeking submissions of no more than 3,000 words through its online portal by 26 August 2022. [read post]
12 Jul 2022, 12:23 pm by Giles Peaker
(Patel v Hackney LBC (2021) EWCA Civ 897 (our note)) I see no reason to think it was wrong to do so, or that the reviewing officer in this case was wrong to do the same. [read post]
7 Jul 2022, 7:15 am by David Hemming (Bristows)
After summarising what the amendment request proposed by 3M entailed, the judge concluded, using the same wording as Lord Briggs in Warner-Lambert, that the proposed amendments to the range of thickness ratios were clearly “designed to make good a claim not thus far advanced in the amended form” (paragraph 13). [read post]
23 Jun 2022, 1:59 am by Eleonora Rosati
Despite there being no word mark for MATCH and the only shared element of the marks on each side being the word match, a descriptive word for online dating (or matchmaking), the judge concluded that there was a likelihood of confusion. [read post]
22 Jun 2022, 12:37 am by Frank Cranmer
The defendants were convicted on a majority verdict of 10 to 2; their appeal went all the way to the House of Lords and was dismissed: Whitehouse v Lemon and Gay News Ltd [1979] AC 617. [read post]
21 Jun 2022, 1:06 am by familoo
After many more words than I had intended to assemble I got down to the nub of it and suggested some rule changes as a possible way forwards. [read post]