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10 Apr 2019, 4:52 pm by INFORRM
’ …” Lord Kerr SCJ referred to the rider that Sharp J had added to the second criteria in Elliott v Rufus [2015] EWCA Civ 121:- “…To this I would only add that the words ‘should not select one bad meaning where other non-defamatory meanings are available’ are apt to be misleading without fuller explanation. [read post]
The Court of Appeal had held that the evidence emerging during the de Silva review had not been sufficient to revive (in accordance with Brecknell v United Kingdom (32457/04) (2008) 46 EHRR 42, [2007]) the art 2 procedural or investigative obligation. [read post]
In determining the appeal ([2018] EWCA Civ 170), Lady Justice Sharp approved Mitting J’s approach to establishing the meaning: “The Judge directed himself explicitly by reference to the well-established principles set out in Jeynes v News Magazines Limited [2008] EWCA Civ 130 (as qualified in Rufus v Elliott [2015] EWCA Civ 121); moreover, since he had merely used the dictionary definitions as a check and no more, his ultimate reasoning was… [read post]
24 Jan 2019, 12:08 am by INFORRM
In determining the appeal ([2018] EWCA Civ 170), Lady Justice Sharp approved Mitting J’s approach to establishing the meaning: “The Judge directed himself explicitly by reference to the well-established principles set out in Jeynes v News Magazines Limited [2008] EWCA Civ 130 (as qualified in Rufus v Elliott [2015] EWCA Civ 121); moreover, since he had merely used the dictionary definitions as a check and no more, his ultimate reasoning was sound. [read post]
3 Dec 2018, 11:37 pm
Commissioner, 34 T.C. 688, 692 (1960); (2) the amount of that loss, Elliott v. [read post]
30 Nov 2018, 4:00 pm by eDiscovery Import
Key Insight: Interference or concealment are not actionable under the tort Nature of Case: Wrongful termination (sex discrimination), intentional interference/destruction of evidence tort   [read post]
30 Nov 2018, 6:06 am by Michael Geist
Working with Sydney Elliott, one of my research assistants, we reviewed the OBPO data to identify the presence of public domain works in Ontario classrooms (ie. the use of works for which the term of copyright has expired). [read post]
30 Oct 2018, 9:30 pm by Charles Tyler
Supreme Court’s decision in SEC v. [read post]