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17 Nov 2015, 8:00 am
They were: Rylands v Fletcher (1866) LR 3 HL 330 Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Salomon v A Salomon & Co [1897] AC 22 Donoghue v Stevenson [1932] AC 562 Woolmington v Director of Public Prosecutions [1935] AC 462 Liversidge v Anderson [1942] AC 206 Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 Anisminic Ltd v… [read post]
27 Jan 2014, 9:47 am
., Ltd. of Tokyo, Japan ("Daiichi Sankyo"); Daiichi Sankyo, Inc. of Parsippany, New Jersey ("DSI"); and Ube Industries, Ltd. of Yamaguchi, Japan alleging that Par Pharmaceutical Companies, Inc. [read post]
10 Nov 2010, 12:19 pm
Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) found Eric Pickles, SoS at DCLG, acted unlawfully in scrapping the Regional Strategies for housing development, which also, lest we forget, included requirements for local authorities to identify and develop sites for travellers and gypsys. [read post]
10 Nov 2010, 12:19 pm
Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) found Eric Pickles, SoS at DCLG, acted unlawfully in scrapping the Regional Strategies for housing development, which also, lest we forget, included requirements for local authorities to identify and develop sites for travellers and gypsys. [read post]
11 Aug 2011, 2:28 am
In the recent decision of Meritz Fire & Marine Insurance Co Ltd v Jan De Nul Nv & Anor [2011] EWCA Civ 827, the Court of Appeal dismissed the appeal by Meritz of the earlier High Court's decision, previously reported here, that Meritz was liable under advance payment guarantees (APGs) it had issued in respect of three shipbuilding contracts (Contracts) to the respondent Buyers, despite the fact that the Contracts had been novated to a new company. [read post]
23 Dec 2020, 12:50 pm
” And, as per Westminster Council v Southern Railway (1936) AC 511, the question for rateable purposes was “who was in paramount occupation”. [read post]
18 Feb 2015, 4:27 pm
Ltd & ors (No 3) [2007] UKHL 21, [2008] 1 AC 1, when Michael Douglas and Catherine Zeta-Jones sought to prevent the publication and use of unauthorised photographs taken at their wedding. [read post]
17 Jan 2020, 10:51 am
Bank Markazi Jomhouri Islami Iran [1994 ] 1 AC 438, 453-457, endorsed by the Privy Council in Altimo Holdings and Investment Ltd v Kyrgyz Mobile Tel [2011] UKPC 7, [2012] 1 WLR 1884. [read post]
2 Jul 2021, 4:27 am
In Secretary of State for Health v Servier Laboratories Ltd, where the loss arose because there were no generic equivalents of the invalidly-patented drug, the Supreme Court held that the "dealing requirement" laid down in OBG Ltd v Allan [2008] 1 AC 1, which states that the unlawful means should have affected the third party’s freedom to deal with the claimant, is a necessary element of the tort. [read post]
2 Jul 2021, 4:27 am
In Secretary of State for Health v Servier Laboratories Ltd, where the loss arose because there were no generic equivalents of the invalidly-patented drug, the Supreme Court held that the "dealing requirement" laid down in OBG Ltd v Allan [2008] 1 AC 1, which states that the unlawful means should have affected the third party’s freedom to deal with the claimant, is a necessary element of the tort. [read post]
29 Sep 2022, 10:22 am
Populus also filed a motion to stay all proceedings in the case pending the Fifth Circuit’ decision in Community Financial Services Association of America Ltd. v. [read post]
12 Jul 2017, 4:15 pm
The basis of the order requiring Facebook to identify TVO was the decision of the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133, [1973] UKHL 6 (26 June 1973); but it “is a power which for good reasons must be sparingly used” (Megaleasing v Barrett (No 2) [1993] ILRM 497, 503 (Finlay CJ). [read post]
27 Jan 2011, 4:26 am
Once the defendant passes the public interest test it must prove that the steps taken to gather and publish the information were responsible and fair, that is proving the defendant acted in accordance with the tenets of responsible journalism, Reynolds v Times Newspapers Ltd [2001] 2 AC. [read post]
20 Jul 2010, 3:16 pm
The House of Lords decision in Prudential Assurance Co Ltd v. [read post]
20 Jul 2010, 3:16 pm
The House of Lords decision in Prudential Assurance Co Ltd v. [read post]
15 Feb 2010, 2:47 am
Supreme Court McInnes v Her Majesty’s Advocate (Rev 1) (Scotland) [2010] UKSC 7 (10 February 2010) Allison v Her Majesty’s Advocate (Rev 1) (Scotland) [2010] UKSC 6 (10 February 2010) High Court (Administrative Court) Asztaslos v Szekszard City Court, Hungary [2010] EWHC 237 (Admin) (12 February 2010) High Court (Chancery Division) Phonographic Performance Ltd v British Hospitality Association & Ors [2009] EWHC 209 (Ch) (12 February 2010) CDV Software Entertainment AG v… [read post]
27 Sep 2016, 4:20 pm
Mercury Engineeringv Mc Cool Controls & Engineering Ltd [2011] IEHC 425 (19 July 2011) provides an excellent example of the first tendency. [read post]
20 Nov 2019, 2:45 am
A three-fold test for “material considerations” is found in Newbury District Council v Secretary of State for the Environment [1981] AC 578 (“Newbury”). [read post]
16 Dec 2021, 3:27 pm
The property, the Stamford Brook Centre, was owned by NHS Property Services Ltd. [read post]
2 Jul 2021, 1:51 am
In summary, the dealing requirement is part of the ratio of OBG v Allan [2008] 1 AC 1 and no good or sufficient reason has been shown why the Court should depart from the relatively recent decision of the House of Lords in OBG in accordance with the 1966 Practice Statement. [read post]
