Search for: "State v. Hoffmann" Results 21 - 40 of 295
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2 Jul 2021, 4:27 am by Peter Groves
In Secretary of State for Health v Servier Laboratories Ltd, where the loss arose because there were no generic equivalents of the invalidly-patented drug, the Supreme Court held that the "dealing requirement" laid down in OBG Ltd v Allan [2008] 1 AC 1, which states that the unlawful means should have affected the third party’s freedom to deal with the claimant, is a necessary element of the tort. [read post]
2 Jul 2021, 4:27 am by Peter Groves
In Secretary of State for Health v Servier Laboratories Ltd, where the loss arose because there were no generic equivalents of the invalidly-patented drug, the Supreme Court held that the "dealing requirement" laid down in OBG Ltd v Allan [2008] 1 AC 1, which states that the unlawful means should have affected the third party’s freedom to deal with the claimant, is a necessary element of the tort. [read post]
2 Jul 2021, 1:51 am by Matrix Legal Support Service
The appellants’ first alternative, which involves leaving the law as stated in OBG but without a dealing requirement, would dispense with the control mechanism which the House of Lords considered to be both necessary and desirable. [read post]
23 Mar 2021, 9:05 pm by Hillary M. Hoffmann
The Supreme Court first examined the constitutionality of a delegation of authority from Congress to a Tribe in United States v. [read post]
14 Mar 2021, 9:03 pm by Series of Essays
Miller, Arizona State University Sandra Day O’Connor College of Law McGirt v. [read post]
17 Jan 2021, 6:15 pm by Omar Ha-Redeye
Corcoran and Pritchard v Van Nes. [read post]
12 Jan 2021, 11:01 am by Chukwuma Okoli
Deconstructing Rubin v Eurofinance SA and its impact on the recognition and enforcement of foreign insolvency judgments at common law” It was Lord Hoffmann who once spoke of a “golden thread” of modified universalism running throughout English Insolvency Law since the eighteenth century. [read post]
29 Dec 2020, 4:05 pm by INFORRM
Lord Hoffmann, however, in Berezovsky v Michaels (2001) made clear that the formulation of the claim was but one of the factors to be taken into account by the English court in deciding upon the appropriate forum. [read post]
21 Sep 2020, 6:43 am by INFORRM
Balancing competing rights Irish defamation cases are increasingly replete with comments stating the need to balance the constitutional right to freedom of expression with the constitutional right to a good name. [read post]
1 May 2020, 2:11 am by Shannon O'Hare
In addition to the tax and social measures taken to limit the economic and social disturbances deriving from the outbreak, the European Commission has authorised the French Government to guarantee, using state investment bank Bpifrance Financement S.A., up to EUR 300 bn of  loans granted to companies facing cash shortages as a result of this crisis. [read post]
19 Feb 2020, 1:51 pm by Giles Peaker
It involves either an interference with the legal rights of an owner or a person with exclusive possession of land, including an interest in land such as an easement or a profit à prendre, or interference with the amenity of the land, that is to say the right to use and enjoy it, which is an inherent facet of a right of exclusive possession: Hunter v Canary Wharf Ltd (1997) AC 655 687G–688E (Lord Goff citing FH Newark, “The Boundaries of Nuisance” 65 LQR 480),… [read post]
19 Feb 2020, 1:51 pm by Giles Peaker
It involves either an interference with the legal rights of an owner or a person with exclusive possession of land, including an interest in land such as an easement or a profit à prendre, or interference with the amenity of the land, that is to say the right to use and enjoy it, which is an inherent facet of a right of exclusive possession: Hunter v Canary Wharf Ltd (1997) AC 655 687G–688E (Lord Goff citing FH Newark, “The Boundaries of Nuisance” 65 LQR 480),… [read post]
19 Sep 2019, 10:01 am
The constitutional importance of this point is clear: in R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs, which was cited by Lord Pannick on behalf of Gina Miller during his oral submissions, Lord Hoffmann held that ‘the unique authority Parliament derives from its representative character’. [read post]
1 Sep 2019, 7:31 pm by Omar Ha-Redeye
The recent arbitration decision in Acadia University v Acadia University Faculty Association is instructive in this regard. [read post]