Search for: "ENGLISH v. STATE"
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14 Oct 2008, 11:24 am
This exception is further explained in Article 15 of the Regulation which states that "lawsuits pending" should be governed by the law of the member state where the relevant lawsuit was commenced and in progress.Mr Justice Christopher Clarke, having considered the Regulation, the Virgos-Schmit report and available European and English authorities, held that arbitration proceedings which were pending at the time the insolvency proceedings were commenced fell… [read post]
22 Sep 2016, 7:10 am
As stated by Kitchin LJ in Medimmune Ltd v Novartis Pharmaceuticals UK Ltd [2012] EWCA Civ 1234:"Whether a route has a reasonable or fair prospect of success will depend upon all the circumstances including an ability rationally to predict a successful outcome, how long the project may take, the extent to which the field is unexplored, the complexity or otherwise of any necessary experiments, whether such experiments can be performed by routine means and whether the… [read post]
25 Jan 2010, 9:17 am
Of relevance to a recent trade secret case, captioned Bimbo Bakeries USA, Inc. v. [read post]
3 Oct 2017, 6:00 am
With the Supreme Court’s grant of cert in Oil States Energy Services v. [read post]
29 Apr 2014, 2:20 pm
California and United States v. [read post]
6 Oct 2020, 7:27 am
In a decision that will influence how policyholders and insurers around the world address business-interruption coverage for COVID-19 losses, the English High Court recently handed down its much-anticipated judgment in the “Test Case,” The Financial Conduct Authority (FCA) v. [read post]
9 Feb 2015, 2:47 pm
I am thinking here of Spencer v Taylor (which we analysed here), Charalambous v Ng, and now Edwards v Kumarasamy. [read post]
27 Apr 2013, 5:02 pm
The causes of action invoked by the Plaintiff are described by the judge as “diffuse, and imaginative” and they run to an astonishing thirty claims, including Articles 2, 3 and 8 ECHR; Section 6 of HRA, The Data Protection Act 1988,The UN Convention on the Rights of the Child, the EU Charter of Fundamental Rights and a recent libel decision of the English Court of Appeal in Tamiz v Google [2013] EWCA Civ 68 which we’ve posted… [read post]
1 Dec 2009, 7:10 am
For instance, the English translation does not state that Berne has exclusive jurisdiction. [read post]
27 Nov 2017, 4:35 pm
REPUBLICAN MULVANEY MONKEY-WRENCH GAMBIT MOVES TO DC COURT Below is the text of the complaint and request for instanter restraining order (TRO) filed by one of the dueling directors against the other [conversion from pdf]Original in pdf may be view here IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA LEANDRA ENGLISH, Deputy Director and Acting Director, Consumer Financial Protection Bureau, 1700 G Street, NW, Washington, DC 20552,… [read post]
10 Oct 2007, 9:17 pm
In the case Ramirez v. [read post]
9 Apr 2008, 1:38 am
Lindor's legal defense in UMG v. [read post]
8 Apr 2020, 1:56 am
” The decision brings U.S. law into alignment with the long-standing position under English law, as established by Leeds Shipping Co. v. [read post]
27 Nov 2012, 8:43 am
And now, here is a legal first, straight from the pen (well, keyboard) of our Mr Justice Arnold in joined cases Actavis Group hf v Eli Lilly & Company (USA)/Medis ehf v Eli Lilly & Company (USA) [2012] EWHC 3316 (Pat) on whether the English Courts have jurisdiction over issues of infringement of foreign-designated patents. [read post]
5 Mar 2012, 2:05 am
Extradition in the public interest would, however, generally be proportionate under Article 8(2) (Norris v Government of the United States of America (No.2) [2010] 2 AC 487). [read post]
12 Jul 2012, 5:13 am
In Aizkir Navigation Inc v Al Wathba National Insurance [2011] EWHC 3940 (Comm), the High Court considered a principle of contractual construction and held that a clause stating that claims "be settled in accordance with English Law and practice shall be so settled in Abu Dhabi (UAE)" amounted to an exclusive jurisdiction clause in favour of the United Arab Emirates (the UAE) and there was no overwhelming reason to displace that jurisdiction clause.The Claimant,… [read post]
16 Aug 2018, 6:00 am
In McCoy v Louisiana, 584 U. [read post]
27 Apr 2016, 4:56 pm
As for the competing Convention rights (the family’s Article 8 rights to privacy and the importance of free press reporting under Article 10), the judge relied upon the ruling of the Supreme Court in R(C) v Secretary of State for Justice ([2016] UKSC 2) where Lady Hale observed: “First, neither article has as such precedence over the other. [read post]
15 Dec 2009, 9:04 am
United States ex rel. [read post]
28 Jun 2011, 7:48 pm
Bennett and McComish v. [read post]
