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On appeal, Birss LJ wrote the lead judgment, which, although not replete with new law, is of interest in particular for its commentary on practice and procedure. [read post]
25 Apr 2024, 12:17 pm by Eleonora Rosati
The Court of Appeal went on to re-assess the originality of the graphic user interface (or more specifically, the “risk and price charts” identified in the claimant’s pleadings) applying the correct test of the “author’s own intellectual creation”, before concluding that they were original. [read post]
8 Feb 2024, 4:09 pm by INFORRM
  Warby LJ, upholding this aspect of Nicklin J’s first instance judgment, answered emphatically that it is not: “the only question raised by section 3(3) of the 2013 Act is whether the statement complained of indicated the basis of the opinion which it contained [44]. [read post]
27 Nov 2023, 2:36 am by Eleonora Rosati
Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9) and the UK Court of Appeal in Combe (see Volume 12). [read post]
24 Nov 2023, 7:38 am by CMS
” Ms Kireeva’s counsel pointed to the case of Re Kooperman [(1928) 13 B&CR 49] (“Re Kooperman”) as an example of the court granting such relief. [read post]
25 Oct 2023, 10:26 pm by Frank Cranmer
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]
17 Oct 2023, 2:26 am by INFORRM
 In Re D [2008] 1 WLR 1499 at [27] Lord Carswell approved what had been said by Richards LJ in R (N) v Mental Health Review Tribunal (Northern Region) [2006] QB 468 at [62] who had said, ‘Although there is a single civil standard of proof on the balance of probabilities, it is flexible in its application. [read post]
29 May 2023, 9:03 am by INFORRM
Several organisations, including the International Press Institute and Reporters Without Borders, have condemned the costs order for its “chilling effect” on free speech and public interest journalism. [read post]
16 Apr 2023, 10:29 am by familoo
In accordance with Re S, there should be no default position, or requirement for ‘compelling reasons’, in such cases. [read post]
19 Mar 2023, 9:01 pm by renholding
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]
29 Jan 2023, 10:15 pm by GWS Law
  This consisted of a couple of interesting costs talks from some of the costs specialists at 12 King’s Bench Walk. [read post]
31 Dec 2022, 4:51 pm by INFORRM
  On 11 August 2022 Andrews LJ refused MGN permission to appeal. [read post]
6 Oct 2022, 8:47 am by INFORRM
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]
1 Sep 2022, 4:00 am by Deanne Sowter
The parties are directly adverse in interests. [read post]
26 Aug 2022, 10:43 am by INFORRM
Clause 21 would amend s.10 of the Contempt of Court 1981 to provide, in relation to “journalistic sources” (see cl.37(1) & Sch.5, para.1(3) to the Bill), that before requiring a person to disclose, or finding a person guilty of contempt of court for refusing to disclose, the identity of a journalistic source, the court would have to be satisfied not only that such disclosure was necessary in the interests of justice or national security or for the prevention of crime or… [read post]