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10 May 2024, 1:33 am
Church pipe organs have featured in fewer than 2% of the total number of consistory court judgments reviewed in L&RUK. [read post]
1 May 2024, 12:08 am
In September 2023, Nugee LJ had granted permission to appeal on the grounds that the case raised an important point of principle that had not been previously considered [17]. [read post]
26 Apr 2024, 1:32 am
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
Arnold LJ held in his leading judgment that the High Court erred when it applied “skill and labour” as a test of originality, and that since the CJEU decision in Infopaq, copyright “is liable to apply only in relation to a subject-matter which is original in the sense that it is its author's own intellectual creation". [read post]
17 Apr 2024, 8:45 am
In his lead judgment, Birss LJ spent considerable time examining this judgment – the correctness of which was not called into question – and determining its correct construction. [read post]
7 Apr 2024, 4:37 pm
On 27 March 2024 Warby LJ refused permission to appeal in the case of Trump v Orbis. [read post]
26 Mar 2024, 2:38 am
Newey LJ, Asplin LJ and Popplewell LJ, dismissed the appeal for these reasons: Saudi Arabian Law is an Islamic system with concepts and principles far removed from those in English law and on the particular facts of the case the practice and culture of Saudi Arabian capital markets was relevant in determining the law. [read post]
21 Mar 2024, 3:56 am
Lewison LJ’s view appears to be the more liberal and consistent with the legislation, whereas Arnold LJ’s conservative approach borders on changing the test from actual knowledge to constructive knowledge via basic checks, with the well-known status of certain brands making their existence to a platform inescapably obvious and apparent. [read post]
14 Mar 2024, 8:31 am
As Jacob LJ, in characteristically colourful fashion, put it in Technip [2004]: “they come as teachers, as makers of the mantle [of the common general knowledge] for the court to don. [read post]
11 Mar 2024, 3:52 am
In R v Russell, Popplewell LJ explained the rationale of the common law offence as follows, at [24]: “The offence of preventing a lawful and decent burial, like the similar common law offence of obstructing the coroner in the execution of their duty, is a serious one, which, save in exceptional circumstances, requires a custodial sentence. [read post]
10 Mar 2024, 5:01 pm
Moylan LJ highlighted that “there is a fundamental distinction between the law governing the formation of marriages and the law governing the dissolution and annulment of marriages. [read post]
1 Mar 2024, 1:11 am
En definitiva, la piedra de toque para determinar si el acto de trámite es o no cualificado a efectos impugnatorios, radica en examinar su eficacia, por si posee un eficacia inmediata y sustancial:, labor analítica que explica el criterio abierto de la doctrina casacional que se formula en los siguientes términos: La consideración de un acto de trámite o de un acto de trámite cualificado no tiene una respuesta única, válida para todos… [read post]
29 Feb 2024, 4:05 am
Therefore, considering the judgment Sedley LJ in Redmond-Bate v DPP and the reforms to the Public Order Act 1986 ss 4A – 5 threshold, the law has established a clear framework. [read post]
27 Feb 2024, 12:50 am
In light of the decisions of the House of Lords in The Evia (No 2) as explained by Longmore LJ in the Court of Appeal decision in The Ocean Victory, the charterparty provisions operated as a complete code by which the shipowners and the voyage charterers had agreed that the shipowners would look only to the insurance cover; this principle applied not just to cases of breach of charterparty but also to contributions in General Average. [read post]
22 Feb 2024, 4:05 pm
In-Between ((2025) 48:1 Dal LJ (Forthcoming)) on SSRN. [read post]
12 Feb 2024, 1:46 am
Given that Neurim was a reference from the English Court of Appeal (on appeal from a decision of Arnold J) in which Jacob LJ stated: “In short, if Neurim are wrong [and an SPC should not be granted], then the Regulation will not have achieved its key objects for large areas of pharmaceutical research: it will not be fit for purpose”, it will be interesting to see what happens. [read post]
8 Feb 2024, 4:09 pm
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]
26 Jan 2024, 1:15 am
Aplin LJ and Nugee LJ allowed the appeal, with Bean LJ dissenting. [read post]
25 Jan 2024, 12:32 pm
At the Berkeley Tech LJ: ABSTRACT The European Union’s Digital Services Act (DSA) offers a new model for regulating online services that allow users to post things. [read post]
25 Jan 2024, 12:53 am
With regard to “sufficient interest” of campaigning groups or individuals, in their written submissions the petitioners made reference to the considerations by the Administrative Court (Macur LJ, Chamberlain J) in R (McCourt) v Parole Board for England and Wales [2020] EWHC 2320 (Admin). [read post]
