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14 Jan 2010, 3:58 pm
Jackson LJ notes that housing law is a hideously complicated mess (my paraphrase), that this is likely to push up litigation costs, and that the Government proposes to do nothing about it, despite the best efforts of the Law Commission. [read post]
20 Jun 2018, 4:55 pm
As Moses LJ explained in R (Malik) v Waltham Forest NHS PCT, at [86], since a business cannot sell its reputation, its financial value lies solely in its effect on future income. [read post]
24 May 2016, 8:12 am
The Court of Appeal upheld the Commercial Court’s decision finding that although the contract contained references to sale, it did not fall within the scope of s2(1) SoGA 1979, Moore-Blick LJ commenting that the essential nature of the contract was “reasonably clear”: “It is a contract under which goods are to be delivered to the owners as bailees with a licence to consume them for the propulsion of the vessel, coupled with an agreement to sell any quantity remaining… [read post]
25 Oct 2023, 10:26 pm
The relevant principles, both at common law and under Article 9, had been set out by Munby LJ in Re G (Education Religious Upbringing) [2013] 1 FLR 677 at [20-51]. [read post]
9 Mar 2020, 3:19 pm
” Pozzoli SpA v BDMO SA [2007] EWCA Civ 558 (Jacob LJ). [read post]
5 Oct 2011, 4:47 am
As Laws LJ put it, we were beginning to develop a “vigorous” domestic jurisprudence of human rights before the Human Rights introduced the Convention into domestic law. [read post]
15 Feb 2012, 5:36 am
And with that, just one final comment: I suspect that Leveson LJ will find it difficult to formulate regulation for bloggers should he be minded to recommend a state based regulatory system for the press and other media. [read post]
25 Apr 2023, 5:52 am
[2] C Hill, “Note on the theology of burial in relation to some contemporary questions”, (2004) 7 Ecc LJ 447. [3] As amended by the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, Schedule 3, Part 2, the Faculty Jurisdiction (Amendment) Rules 2019 and the Faculty Jurisdiction (Amendment) Rules 2022. [4] See Columbaria in churches – a short note. (11 August 2021). [5] A vault (French voûte, from Italian volta) is a self-supporting… [read post]
10 Apr 2010, 8:47 am
The claimant is represented on a CFA and the Press Gazette reports criticism of this by Janet Smith LJ during the course of the recent appeal Finally, we should mention the publication this week of The Silent State by campaigning journalist Heather Brooke. [read post]
12 Jul 2017, 4:06 am
Further the Court of Appeal determined that Reuters’ criticism of the Judge’s reliance upon Lion Laboratories (and in particular Griffiths LJ’s comment in that it will only be “an exceptional case in which a defence of public interest which does not involve iniquity on the part of the plaintiff will justify refusing the injunction”) was misplaced. [read post]
22 Apr 2015, 7:34 am
Her appeal was unanimously allowed by LJs Hale, Clarke, Wilson, Hughes and Hodge. [read post]
7 Nov 2010, 6:06 am
Principal Secretary, 2005 Cri LJ 1901 the Andhra Pradesh High Court observed that a telecast reaches persons of all categories, irrespective of age, literacy and their capacity to understand or withstand. [read post]
29 Apr 2010, 8:44 pm
Christian Schulze, ‘The 2005 Hague Convention on Choice of Court Agreements’, (2007) 19 SA Merc LJ 140-150 The article discusses the 2005 Hague Convention’s rules on jurisdiction... [read post]
23 Jun 2010, 4:55 am
In their Lordships' collective view, articulated by Patten LJ:* in AGA's patent, clamps did not include welding and soldering, as well as external devices that were physically attached to the welded ends. [read post]
15 Feb 2018, 3:14 am
Deeny LJ, delivering the judgment of the Court, held that the appropriate test was that no injunctive relief should be granted restraining publication before trial unless the Plaintiff could establish “that he had a reasonable expectation of privacy regarding the association of his father’s convictions with himself as his son. [read post]
26 Mar 2021, 2:45 am
Asda’s appeals were dismissed by the Employment Appeal Tribunal (the “EAT”) (Kerr J) and the Court of Appeal (Lord Sales JSC, Underhill VP and Peter Jackson LJ). [read post]
21 May 2012, 4:16 pm
The decision of the First-Tier Tribunal in favour of disclosure was reversed by a strong Upper Tribunal, chaired by Carnwath LJ in his last outing before going to the Supreme Court. [read post]
8 Mar 2011, 4:05 pm
Comment Interim libel injunctions are relatively rare but can be granted if “it is clear that no defence will succeed at the trial”(Greene v Associated Newspapers Ltd [2005] QB 972 per Brooke LJ at [57]). [read post]
8 May 2008, 12:31 am
Vorrasi, "The Fall of the Kodak Aftermarket Doctrine: Dying a Slow Death in the Lower Courts," 72 Antitrust LJ 209 (2004) [read post]
9 Aug 2011, 12:00 am
As Mummery LJ also said; as for those who complain about the time taken and the legal costs and other expenses and losses incurred, I think that they would want the hearings to be conducted in the interests of justice to both sides. [read post]
