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11 May 2015, 3:55 am by INFORRM
The tort of misuse of private information arose as a result of the recognition by the courts that “the values enshrined in Articles 8 and 10 [of the European Convention on Human Rights] are now part of the cause of action for breach of confidence” (Campbell v MGN [2004] 2 AC 457 [17]). [read post]
14 Dec 2015, 4:09 pm by INFORRM
First, Dr Rolph identifies problems in the Lange (Lange v Australian Broadcasting Corporation (1997) 189 CLR 520) defence, noting it was not followed in Reynolds v Times Newspapers Pty Ltd [2001] 2 AC 227, a decision which the Australian courts have in turn refused to recognise, and which the High Court of Australia has declined opportunities to consider ever since, despite hinting at it in 2002: Skalkos v Assaf [2002] HCA Trans 649 (13 December 2002). [read post]
21 Feb 2014, 6:19 am
In the famous House of Lords case, Hensher v Restawile [1976] AC 64, Lord Simon discusses this point, noting that even Morris himself “acknowledged that the machine could be useful in extinguishing all irksome and unintelligent labour, leaving us free to raise the standard of skill of hand and energy of mind of our workmen. [read post]
3 Feb 2012, 1:52 am
Since both the United States and India are federations, invariably the Superior Courts in those jurisdictions are called on to decide when there appears to be any conflict between state and federal legislation or a question of legislative competence arises. [read post]
3 Aug 2019, 12:10 pm by Giles Peaker
Suffice it to say at this juncture that the law is settled in this area: the Supreme Court having reconsidered the requirement that all tenancies must be for a term certain, and giving the rule renewed (if, it must be said, grudging) approval in Mexfield Housing Co-operative Ltd v Berrisford(2012) 1 AC 955. [read post]
23 Aug 2011, 12:47 pm by The Legal Blog
Girdharilal Yadav (2004) 6 SCC 325; State of Maharashtra v. [read post]
” (Quoted in para 44 (v) of Lord Kerr’s judgment) In the event a decision was made on 11 July 2011 that a public inquiry would not be conducted. [read post]
26 Apr 2011, 7:19 am by James McComish
An Australian man was killed in a plane crash in the State of South Australia. [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]
7 Aug 2014, 4:59 am by Andres
It is often remarked that there is a big difference in the level of originality required in the US and UK for copyright protection, and while some commentators have noticed a shift towards US standards, the level of originality has remained roughly the same since Walter v Lane [1900] AC 539, which was found to be good law in Express Newspapers v News (UK) [1990] 1 WLR 1320. [read post]
7 Aug 2014, 4:59 am by Andres
It is often remarked that there is a big difference in the level of originality required in the US and UK for copyright protection, and while some commentators have noticed a shift towards US standards, the level of originality has remained roughly the same since Walter v Lane [1900] AC 539, which was found to be good law in Express Newspapers v News (UK) [1990] 1 WLR 1320. [read post]
28 Dec 2021, 4:25 pm by INFORRM
In upholding the first instance decision, Dingemans LJ reiterated the principles to finding malice from Horrocks v Lowe [1975] AC 135. [read post]