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25 Feb 2012, 2:33 am
Here, the Patten LJ observes that, the determination of whether there has been unfair prejudice consisting of the breach of an agreement or some other unconscionable behaviour is plainly capable of being decided by an arbitrator and it is common ground that an arbitral tribunal constituted under the FAPL or the FA Rules would have the power to grant the specific relief sought by Fulham in its s.994 petition. [read post]
15 Mar 2012, 8:04 am
It is designed to retain the kind of fervour for bankrutpcy trustees which was exemplified by the extremely unfortunate judgment of Nourse LJ in Re Citro [1991] Ch 142 (homelessness, moving, changing schools are not exception but “the melancholy consequences of debt and improvidence with which every civilised society has been familiar”).The question comes down to whether the exceptional circumstances test works with the proportionality test. [read post]
29 Jan 2010, 9:36 am
Various members of the IPKat's human team were at the 2010 CLT IP Conference earlier today, and IPKat helper David Pearce gave a presentation on where we are now with patentable subject matter in Europe. [read post]
23 May 2011, 8:44 am
The categories described by Dyson LJ were: “Category 1” – Cases where fresh evidence shows that the defendant is innocent of the crime of which he has been convicted. [read post]
5 May 2012, 5:00 am
He urged Leveson LJ to protect freedom of the press when considering possibilities for future regulation. 2006 hacking investigation DAC Sue Akers began module two with an update on the police operations investigating alleged criminality at News International, saying senior figures in the organisation were aware of widespread phone hacking as far back as 2006. [read post]
25 Apr 2024, 12:17 pm
Arnold LJ held in his leading judgment that the High Court erred when it applied “skill and labour” as a test of originality, and that since the CJEU decision in Infopaq, copyright “is liable to apply only in relation to a subject-matter which is original in the sense that it is its author's own intellectual creation". [read post]
5 Apr 2017, 7:35 am
Darren MealeFrom former guest Kat Darren Meale (Simmons & Simmons and IPEC DDJ) comes a very handy review of the past twelve months in trade mark litigation. [read post]
11 Oct 2017, 8:17 am
Kitchin LJ was supported by Floyd LJ and Sir Geoffrey Vos, both of wh [read post]
18 Sep 2017, 1:36 am
The first Zurich IP Retreat was held on Friday/Saturday 8/9 September 2017 on the shores of lake Zurich, organized by INGRES and ETH Zurich, in honour of Dr. [read post]
19 Dec 2019, 9:41 am
The Court of Appeal pawing at a combination SPC this holidayseason ...It is the most wonderful time of the year. [read post]
27 Nov 2023, 2:36 am
Arnold LJ spent the most of his judgment considering the impact of the 10+ years of coexistence, but still concluded that the judge was alive to this and it was for him to decide how much or how little weight to give it. [read post]
6 Nov 2015, 7:00 am
He therefore concluded:“I have considerable doubts as to the correctness of Floyd LJ's interpretation. [read post]
26 Mar 2024, 2:38 am
Newey LJ, Asplin LJ and Popplewell LJ, dismissed the appeal for these reasons: Saudi Arabian Law is an Islamic system with concepts and principles far removed from those in English law and on the particular facts of the case the practice and culture of Saudi Arabian capital markets was relevant in determining the law. [read post]
6 Feb 2012, 2:30 am
On the first day Pill LJ ruled that the evidence from the recent “Panorama” programme about Lord Ashcroft was inadmi [read post]
23 Jun 2010, 2:50 am
In Knightley, Aldous LJ in the High Court had found the right was 'incapable of being inherited', This was not the same as 'incapable of being transmitted' as Longmore LJ had mistakenly found in the Court of Appeal. [read post]
4 Apr 2011, 4:59 am
The proposition that burglars have rights incites debate, and sometimes anger, which is often directed towards the Human Rights Act 1998 and the European Convention of Human Rights. [read post]
24 Jul 2023, 3:38 am
A preliminary trial on meaning due to be heard last week has had to be relisted after actor Noel Clarke disinstructed his legal advisors shortly before the hearing. [read post]
24 Jan 2017, 2:14 pm
London Borough of Hackney v Haque [2017] EWCA Civ 4 In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of the full housing duty). [read post]
1 Aug 2022, 12:11 pm
By majority (Sharp P and Dingemans LJ), the appeal was dismissed. [read post]
23 Jun 2010, 2:50 am
In Knightley, Aldous LJ in the High Court had found the right was 'incapable of being inherited', This was not the same as 'incapable of being transmitted' as Longmore LJ had mistakenly found in the Court of Appeal. [read post]
