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16 Oct 2014, 7:54 am
”Summarising the CJEU’s answer, and having taken some guidance from the answers provided on the question of how significant colour might be in assessing likelihood of confusion) Kitchin LJ put the task before the Court as follows:22. [read post]
29 Oct 2020, 2:22 am
In light of the Gillette principle, it would not be justified to grant the patent holder protection against products that are not novel or inventive over the prior art (an issue that was also touched upon by Arnold LJ in FibroGen v. [read post]
29 Jun 2019, 4:38 am
(Mummery LJ, [31]). [read post]
22 Apr 2014, 4:07 pm
In the Ul Haq case, Dyson LJ refused Barons Finance and Reddy Corporation permission to appeal. [read post]
28 Sep 2011, 8:17 pm
Lior Jacob Strahilevitz (LJS): It was an observation I had as a college sophomore. [read post]
22 Apr 2014, 4:07 pm
In the Ul Haq case, Dyson LJ refused Barons Finance and Reddy Corporation permission to appeal. [read post]
28 Mar 2012, 4:09 am
In relation to this, the Judge cited Lord Carswell’s approval in Re D [2008] 1 WLR 1499 of Richards LJ’s observations in R(N) v Mental Heath Review Tribunal (Northern Region) [2006] QB 468 on the flexible application of the civil standard of proof: “the more serious the allegation or the more serious the consequences if the allegation is proved, the stronger must be the evidence before a court will find the allegation proved on the balance of probabilities. [read post]
8 Sep 2022, 4:30 am
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]
19 Jul 2011, 10:12 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]
21 Aug 2022, 10:20 am
The CJ found: I accept Mr Bano’s submission that the reviewing officer did not consider al the relevant factors as identified by Lewis LJ in Bullale at paragraph 36. [read post]
6 Jul 2012, 11:33 am
As Laws LJ said in SRM Global Fund LLP v Commissioners of HM Treasury [2009] EWCA 788, the rationale of the margin of appreciation is an international version of our local doctrine of “the margin of discretion”, or “deference”, which our courts will pay to the judgment of public decision-makers in matters of discretion or policy. [read post]
23 Jul 2017, 4:08 pm
29 and 30 June 2017 (Rafferty LJ and Popplewell J). [read post]
Case preview: Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland)
11 Nov 2014, 7:03 am
It placed emphasis on the speech of Lord Keith who approved the judgments of Nolan J and Balcombe LJ in the Court’s below. [read post]
22 Oct 2010, 7:18 am
Echoing Wilson LJ in the Court of Appeal in Radmacher, in some cases the prenuptial agreement will be a ‘compelling factor’ (para [83]). [read post]
22 Nov 2021, 6:34 am
Reserved Judgments Associated Newspapers Limited v Duchess of Sussex, heard 9-11 November 2021 (The Master of the Rolls, The President of the Queen’s Bench Division and Bean LJ) GUH v KYT, heard on 28 October 2021 (Collins Rice J) Soriano v Forensic News, heard 6 and 7 October 2021 (Sharp P, Elisabeth Laing and Warby LJ) Qatar Airways Group Q.S.C.S v Middle East News UK Limited and others heard on 4 October 2021 (Saini J) Abramovich v… [read post]
29 Jan 2023, 10:15 pm
Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 per Males LJ at [22] “Case law has established that the term ‘proceedings’ as used in the QOCS rules does not bear this natural meaning in its full sense. [read post]
21 Jun 2022, 1:34 pm
As Griffiths LJ observed in Calabar Properties v Stitcher, “the facts of each case must be looked at carefully to see what damage the tenant has suffered and how he may be fairly compensated by a monetary award. [read post]
9 Dec 2010, 8:56 am
Patten LJ concluded that MGN had infringed Grisbrook's rights but refused the application to commit MGN for contempt. [read post]
10 Oct 2010, 9:47 pm
” and second by Evans LJ (at 373): “As regards the authority, actual or apparent, of an independent costs draftsman who attends before the taxing officer, it should be remembered that he can appear on behalf of the party only as a duly authorised representative of the solicitor who has instructed him to be there. [read post]
6 Oct 2019, 8:00 am
The appeal was allowed, with the Circuit Judge relying on the dictum of May LJ in Jones v MBNA International Bank Ltd (2000) EWCA Civ 314 at (52) that there may be exceptional cases in which the principle of finality would not be applied such that new arguments could be raised on appeal. [read post]
