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10 Jan 2012, 10:14 am
This appeal is concerned solely with trade mark law ...'.Morritt LJ was willing to consider issues beyond registered trade mark law and concluded that Mr Presley's estate had no exclusive common law rights to the name of Elvis Presley. [read post]
9 Jan 2012, 5:30 am
As Gross LJ observed, the decision of the SSHD here was made against the background of a society with as strong a tradition of freedom of expression as is to be found anywhere. [read post]
3 Jan 2012, 7:00 am
(b) Eady J, Richard Ferguson QC, Leveson LJ? [read post]
Media Law Review of the Year 2011: Defamation, Contempt, Privacy and a Public Inquiry – Jude Townend
29 Dec 2011, 4:54 pm
Lord Justice Leveson has heard his final witness of the year; the Parliamentary recess has begun; the Royal Courts of Justice is having its Christmas break. [read post]
29 Dec 2011, 7:01 am
Relying on this passage from Gray, Ward LJ in Delaney v Pickett holds that, We are not concerned with the integrity of the legal system. [read post]
29 Dec 2011, 1:50 am
As Gross LJ observed, the decision of the SSHD here was made against the background of a society with as strong a tradition of freedom of expression as is to be found anywhere. [read post]
23 Dec 2011, 12:29 am
On Wednesday Stanley Burnton LJ refused permission.What is interesting is that he made it quite clear that, even though this was a second appeal, if Bean J had made his decision following the a trial of the claim, the Lord Justice would have given permission regardless of the outcome. [read post]
20 Dec 2011, 3:30 am
Richards LJ explained that PSO 4275 was a published policy to guide the exercise of prison officers’ discretion under rule 30 of the Prison Rules 1999. [read post]
20 Dec 2011, 2:40 am
Kay LJ, in his concurring opinion, added that in his view, the issue of a writ of habeas corpus in this case does not transgress or modify the principle of a “forbidden area” affecting foreign policy which is beyond judicial concern. [read post]
18 Dec 2011, 8:56 am
It looks like a permission hearing is down in front of Lloyd LJ in the afternoon of 19 December [thanks Bill in the comments].So there we are. [read post]
18 Dec 2011, 4:08 am
Dufosse v Melbury Events Ltd CA (Civ Div) (Rix LJ, McFarlane LJ, Sir Mark Potter) December 14, 2011 (extemporare judgment) Christmas is full of hazards for the unwary and nowhere is more dangerous it seems than Santa’s grotto, even where there is no sign of a freeze and the only icicles are plastic ones… Poor Santa. [read post]
17 Dec 2011, 1:38 pm
A Court of Appeal comprising of Former Family Division judge Macfarlane LJ, the Lord Chief Justice and Royce J takes the opportunity to analyse the law in respect of such cases of parental abduction, and will be useful for anyone unclear of the framework for punishment or deterence of such acts. [read post]
15 Dec 2011, 6:48 am
It was also determined that in exercising his discretion under s 33 Foskett LJ had given too much consideration to the subjective wishes of the claimants, and failed to take a sufficiently objective approach. [read post]
15 Dec 2011, 4:22 am
" Patten LJ held that Warren J's reasons as to the construction of the warranties was correct and he was therefore right to hold that the warranties fell within paragraph (b) of class 16. [read post]
14 Dec 2011, 10:13 am
The High Court decision was overturned by a 2:1 majority on 8 October 2010, with Rix LJ giving the leading judgment in the Court of Appeal decision. [read post]
13 Dec 2011, 2:09 am
On this, the judgments of both lower courts (per Mann J in the High Court, and then Jacob LJ for the court in the Court of Appeal) were upheld: the clay model was an object with a functional purpose, not an artistic one. [read post]
8 Dec 2011, 8:39 pm
” Again, in Dudley Fleming v Chief Constable of Sussex [2004] EWCA Civ 643, Potter LJ observed at paragraph 36: “The principles are too well known to require to be set out in detail. [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]
5 Dec 2011, 9:07 am
Mr Babakandi had a go at appealing that decision, but was refused permission by Sullivan LJ after an oral application: [2011] EWCA Civ 1397. [read post]
5 Dec 2011, 9:07 am
Mr Babakandi had a go at appealing that decision, but was refused permission by Sullivan LJ after an oral application: [2011] EWCA Civ 1397. [read post]
