Search for: "In Interest of LJ"
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19 Mar 2023, 9:01 pm
In a potentially precedent-setting case, 11 directors of global energy company Shell Plc (formerly Royal Dutch Shell Plc) [1] are being sued in their personal capacity over the company’s energy transition strategy. [read post]
19 Mar 2023, 12:56 pm
Cotton LJ, at p 94, rejected the notion that something can be a nuisance “because it does harm to some particular trade in the adjoining property, although it would not prejudicially affect any ordinary trade carried on there, and does not interfere with the ordinary enjoyment of life. [read post]
10 Mar 2023, 3:26 am
Richards LJ found that these elements were unable to be separated. [read post]
6 Mar 2023, 1:41 am
Warby LJ, with whom Sharp P and Singh LJ agreed, held that Steyn J had been correct in principle to reconsider the issue of serious harm in relation to the period after Ms Cadwalladr’s public interest defence fell away. [read post]
1 Mar 2023, 7:42 am
Andrews LJ stated that company directors may very well face the same conflict when acting in the best interests of the company when they would be obliged to serve the notice on the company’s behalf and, by doing so, would arguably be in breach of their duties to act in the best interests of the company Similarly, the court observed that there may be cases in which an administrator might find themselves in the unenviable position of either committing a criminal… [read post]
23 Feb 2023, 7:07 am
However, the injunction was not stayed pending the appeal.The judgment also features an interesting insight into the workings of awards of costs, and costs on account, following the conclusion of a claim subject to cost budgeting, with a reminder that if costs depart from the budget there is a mechanism in the CPR to apply to amend it.This could be an important decision for the Court of Appeal. [read post]
23 Feb 2023, 1:28 am
Lewison LJ commented that " [a]lthough these are well-trodden paths for experienced patent litigators, in fact Vodafone did none of these things. [read post]
8 Feb 2023, 7:36 am
On the same day, judgment was handed down by Warby LJ in the appeal Riley v Sivier [2023] EWCA Civ 71. [read post]
29 Jan 2023, 10:15 pm
This consisted of a couple of interesting costs talks from some of the costs specialists at 12 King’s Bench Walk. [read post]
24 Jan 2023, 4:37 am
We do not want platforms to be arbiters of truth, but to ask them (or their automated systems) to be judges of the public interest or of the seriousness of offending would be a recipe for guesswork and arbitrariness, even under the guidance of Ofcom. [read post]
23 Jan 2023, 5:57 am
Proceedings in violation of exclusive English jurisdiction agreement In Ebury Partners Belgium SA/NV v Technical Touch BV [2022] EWHC 2927 (Comm), the defendants were interested in receiving foreign exchange currency services from the claimant company. [read post]
31 Dec 2022, 4:51 pm
On 11 August 2022 Andrews LJ refused MGN permission to appeal. [read post]
22 Dec 2022, 4:00 am
The FLSC and individual law societies have an essential role in vigorously safeguarding the proper administration of justice in the public interest. [read post]
12 Dec 2022, 7:46 am
He also cited the case of Baker v Baker [1993] EWCA Civ 17 in support of this argument where it was held that the remarks by Scarman LJ should not be interpreted to suggest that the court necessarily had to place the minimum value on the disappointed interest. [read post]
14 Nov 2022, 5:31 am
(Talking about the ex-spouse's sex life might be a different matter, because of the ex-spouse's interests in privacy and in his relationship with the children, but the court didn't seem to focus on that.) [read post]
26 Oct 2022, 4:26 am
Although the duty had not arisen on the facts, once the Creditor Duty had been engaged, Richards LJ explained that it was “hard to see that creditors’ interests could be anything but paramount”. [read post]
16 Oct 2022, 1:45 pm
As noted at para 50 in Lewison LJ&rsq [read post]
10 Oct 2022, 6:00 pm
[1] BTI 2014 LLC v Sequana SA [2022] UKSC 25. [2] Companies Act 2006, section 172. [3] Companies Act 2006, section 172(3). [4] BTI 2014 LLC v Sequana SA [2019] EWCA Civ 112. [5] BTI 2014 LLC v Sequana SA [2022] UKSC 25 [7] (Reed LJ). [6] Companies Act 2006, Part 23. [7] https://www.supremecourt.uk/press-summary/uksc-2019-0046.html [8] https://www.supremecourt.uk/press-summary/uksc-2019-0046.html [9] (n 4). [10] BTI 2014 LLC v Sequana SA [2022] UKSC 25 [10] (Reed LJ).… [read post]
6 Oct 2022, 8:47 am
As Thorpe LJ wryly observed in Lykiardopulo at [32]: “Public interest has never been in the administration of justice in this special field. [read post]
5 Oct 2022, 8:59 am
Two are “in individual cases for any of the law enforcement purposes” or “in individual cases for a legal purpose”—unless the public interest in the transfer is outweighed by a data subject’s fundamental rights and freedoms. [read post]
