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24 Jul 2022, 12:05 am
Andrews LJ observed that Thornton J’s construction of the 1900 Act in the Administrative Court was plainly correct and that the 1900 Act could not be “wished away”. [read post]
23 Jul 2022, 12:45 am
For these reasons, in Warren, Saini J rejected a claim that TalkTalk were negligent and had breached a duty of care to the plaintiffs: “there is no room (nor indeed any need identified) to construct a concurrent duty in negligence when there exists a bespoke statutory regime for determining the liability of data controllers” ([35](iii); cp Smeaton [75](3) (Tomlinson LJ), [81] (Davis LJ)). [read post]
21 Jul 2022, 8:20 am
The law in this regard was summarised by Arnold J in Jarden Consumer Solutions (Europe) Ltd v SEB SA [2014] EWHC 445 (Pat) at [103]: “[103] As Kitchin LJ and Sir Robin Jacob said in their joint judgment in Gedeon Richter plc v Bayer Pharma AG[2012] EWCA Civ 235, [2013] Bus LR D17 at [61], ‘it is trite law that… the older (from the priority date of a patent under attack) a piece of prior art said to render a patent obvious, the harder it is to show… [read post]
16 Jul 2022, 1:00 am
Below is an index of the posts on L&RUK concerning abortion which we have covered since 2012. [read post]
7 Jul 2022, 7:15 am
He then summarised 3M’s position, which was that in the trial judgment, he (Michael Tappin QC) had established that the Patent as proposed to be amended was valid; that no further trial would be required and consequently there could be no abuse of process; and that the present case would fall into the category of being covered in the main litigation (another of the categories identified by Jacob LJ in Nikken). [read post]
7 Jul 2022, 2:12 am
The case was appealed to the Court of Appeal, where Singh LJ gave the leading judgment. [read post]
24 Jun 2022, 12:30 am
(reported in (1990) 2 Ecc LJ 64), a faculty was granted for the laying-up of a Royal British Legion standard in the parish church, although a petition for the introduction of a Guide movement flag to be displayed in a frame was dismissed; this was said to be “not a slight against the Guide movement, but the application of a criterion of eligibility”. [read post]
23 Jun 2022, 1:59 am
Arnold LJ adopted a different interpretation of Case C-98/13 Blomqvist v Rolex SA than the trial judge in reaching this conclusion.Permission for Amazon to appeal to the UK Supreme Court was refused by Arnold LJ in a subsequent judgment on form of order.Targeting is a tricky doctrine. [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]
21 Jun 2022, 12:15 pm
None of the comments by Patten LJ and King LJ suggest that they considered that a failure to carry out any checks before occupation was not a breach of the prescribed requirements. [read post]
21 Jun 2022, 11:36 am
Arden LJ made the points I have cited in paragraph 29 above when explaining why the costs in question were not incidental to the recovery of rent. [read post]
7 Jun 2022, 11:45 am
In Chandler v Cape plc [2012] EWCA Civ 525, [69], Arden LJ ‘……emphatically reject[ed] any suggestion that this court [was] in any way concerned with what is usually referred to as piercing the corporate veil. [read post]
1 Jun 2022, 11:16 am
Further, Arnold LJ noted that even if the U.S. [read post]
24 May 2022, 6:07 am
As part of the reordering of our Home Page, we have indexed the posts on L&RUK assisted dying which we have covered since 2012. [read post]
9 May 2022, 1:00 am
George, Fatfield [2021] ECC Dur 5 Re St Giles, Exhall [2021] EACC 1 , (2022) 24 Ecc LJ 116; reversing [2020] ECC Cov 1, (2021) 23 Ecc LJ 118 at first instance Re St James, Brownhills [2020] ECC Lic 3 Re St John the Baptist, Ashley [2020] ECC Lic 1 Re St John the Baptist, Cold Overton [2021] ECC Lei 4 Re St Leonard, Blithfield (Lichfield CC, 16 October 2014)“ Re St Mary, Doddington [2020] ECC Ely 2* Re St Mary, Dodleston Churchyard [1996] 1 WLR 451… [read post]
8 Apr 2022, 4:45 pm
Hanoch Dagan (Tel Aviv University - Buchmann Faculty of Law) has posted Liberal Property: Clarifications and Refinements (33 King's LJ (Forthcoming 2022)) on SSRN. [read post]
7 Apr 2022, 12:33 am
No cabe duda de que para conocer la pretensión que se plantea es necesario esperar a que se formule la demanda, pues es en ella donde se contiene lo que se pide y la causa por la que se pide, tal y como establece el art. 56 de la LJ. [read post]
6 Apr 2022, 4:00 am
* Dal LJ Dal J Leg Stud UNBLJ McGill J Dispute Resolution Inter Gentes: McGill J Intl L & Leg Pluralism McGill JL & Health JSDLP McGill LJ Lakehead Law Journal Wrongful Conviction L Rev Osgoode Hall LJ JL & Soc Pol’y Ottawa L Rev Queen’s LJ UTLJ UT Fac L Rev Critical Analysis L: An Intl & Interdisciplinary L Rev JL & Equality Indigenous LJ Western J of Leg Studies Windsor Rev Legal Soc Issues Windsor YB Access Just Asper… [read post]
1 Apr 2022, 7:43 am
The Court of Appeal unanimously dismissed Bott’s appeal, Lewison LJ gave the leading judgment, with which Simon and Lindblom LJJ agreed. [read post]
31 Mar 2022, 6:15 pm
Available at: https://scholarship.law.slu.edu/lj/vol65/iss4/3 [read post]
