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17 May 2016, 3:34 pm
The value of this secondary evidence (as opposed to primary expert evidence ) was discussed at length by Lord Justice Jacob in Nichia v Argos [2007] EWCA Civ 741. [read post]
26 Oct 2021, 12:41 am
It is arguable that Lord Hodge and Lord Briggs’ “subjective intention” test is more in line with the approach taken by the German courts in Östrogenblocker (applied by Hacon HHJ in the case at hand), which introduced a mental element based on foreseeability. [read post]
29 Jul 2010, 8:24 am
As Lord Woolf said in the case of Jones v Warwick, the principle that evidence can be obtained in whichever way one likes, whether illegally or not, must be at least concerning to society as a whole: While this approach will help to achieve justice in a particular case, it will do nothing to promote the observance of the law by those engaged or about to be engaged in legal proceedings. [read post]
15 Apr 2012, 11:07 am
Now consider the recent case of Stübing v Germany. [read post]
8 Aug 2023, 1:00 am
Accordingly, as recently summarised by Lord Justice Arnold, the three key considerations for claim interpretation in the UK are 1) the wording of the claim, 2) the context provided by the specification and 3) the inventor’s purpose (InterDigital v Lenovo [2023] EWCA Civ 105). [read post]
4 Jun 2020, 3:45 pm
Here’s the judgment of the FCA: York University v. [read post]
13 Mar 2017, 2:00 am
The hand down panel will be Lord Neuberger, Lady Hale and Lord Hughes. [read post]
9 Oct 2017, 1:00 am
Scotch Whisky Association & Ors v the Lord Advocate & Anor (Scotland), heard 24-25 Jul 2017. [read post]
1 Sep 2010, 10:55 am
In Attorney-General v Guardian Newspapers Limited (No 2) [1990] 1 AC 109 Lord Keith stated that “the right to personal privacy is clearly one in which the law in this field should seek to protect. [read post]
22 Sep 2020, 4:05 pm
Lord Sumption JSC explaining at [19] that, the rule originated in the division between the functions of judge and jury, the question of libel or no libel being exclusively for the jury. [read post]
21 Jun 2023, 4:24 am
Lord Stephens also considers the applicable legal framework. [read post]
12 Dec 2014, 7:11 am
Moohan & Anor v The Lord Advocate, heard 24 July 2014. [read post]
16 Apr 2019, 7:29 am
In this respect, Lord Briggs commended the summary by Sales LJ in AAA v Unilever plc [2018] EWCA Civ 1532, para 36 (another challenge to jurisdiction on similar issues) that “A parent company will only be found to be subject to a duty of care in relation to an activity of its subsidiary if ordinary, general principles of the law of tort regarding the imposition of a duty of care on the part of the parent in favour of a claim are satisfied in the particular case”. [read post]
14 Jan 2019, 1:00 am
The proposed panel for hand down is Lady Hale, Lord Reed and Lord Kerr. [read post]
10 Dec 2018, 1:00 am
The proposed panel for hand down is Lady Hale, Lord Reed, and Lord Hodge. [read post]
18 Oct 2010, 3:19 pm
Lords Ins. [read post]
3 Oct 2014, 6:41 am
This, the court stated, was an adverse employment action. [read post]
26 Nov 2010, 11:59 am
The House of Lords however, in Twinsectra Ltd v Yardley, [2002] 2 AC 164, complicated matters. [read post]
2 Nov 2010, 11:45 pm
Broom v Secretary of State for Justice [2010] EWHC 2695 (Admin) – Read Judgment When he was transferred from Whitemoor prison to Wakefield Prison in May 2008, Mr. [read post]
7 Jul 2022, 7:15 am
SG resisted the application to amend the patent, stating that it would not be ready to deal with the application. [read post]