Search for: "State v. Hoffmann" Results 41 - 60 of 295
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26 Jun 2015, 12:30 am
 Floyd LJ has roundly rejected Arnold J's reasoning, stating:58.The difficulty I feel with endorsing this reasoning is as follows. [read post]
18 Jan 2011, 7:29 am by INFORRM
  MGN challenged the decision in Campbell v MGN (No.2) ([2005] 1 WLR 3394) on Article 10 grounds. [read post]
20 Oct 2016, 4:31 pm by INFORRM
  Lord Toulson noted the frequently quoted words of Lord Hoffmann in R v Secretary of State for the Home Office, Ex p Simms ([2000] 2 AC 115) that “Fundamental rights cannot be overridden by general or ambiguous words” and said importantly that “while Lord Hoffmann said that this presumption will apply “even” to the most general words, but I would say further that the more general the words, the harder it is likely to… [read post]
24 Nov 2018, 10:41 am by Thorsten Bausch
The Guidelines for Examination, Part F, V, 9, state that “no objection on account of lack of unity a priori is justified in respect of a dependent claim and the claim on which it depends, on the ground that the general concept they have in common is the subject-matter of the independent claim, which is also contained in the dependent claim”. [read post]
25 Nov 2012, 1:00 pm
As a result he referred a number of questions to the CJEU.Parallel importation  In Advocate General Jacobs opinion in Joined Cases C-143/00 and C-443/99 Boehringer Ingelheim KG & Ors v Swingward Ltd & Ors [2003] Ch 27 (Boehringer I) he stated that the notice requirement in Condition 5 dated from the Hoffmann-La Roche & Co AG v Centrafarm Bertriebsgesellschaft Pharmazeutischer Erezeugnisse mBH [1978] ECHR 1139 where that Court explained that the… [read post]
3 Aug 2010, 10:04 pm by Rosalind English
Ultimately, as Lord Hoffmann states in R-v-Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115, 131, Parliament can, if it chooses, legislate contrary to fundamental principles of human rights (provided it squarely confronts what it is doing). [read post]
10 Dec 2014, 12:31 am
This Kat did not have time to get round to reading Hospira v Genentech when it first emerged, and did not immediately notice that it was an entire new case in its own right, and not simply a codicil to the decision that he reported here. [read post]
15 May 2014, 11:40 am
 On the principle of the matter, he stated at 111:In my judgment this reasoning [from Rohm & Haas] is persuasive, and it is supported by the subsequent judgment of the Court of Appeal in Virgin v Premium. [read post]
17 Jul 2017, 3:39 pm
 This GuestKat has noted with interest comments which suggest that this case opens the way to a doctrine of "file wrapper estoppel" in the UK, but wonders whether the case really goes much further than existing UK case law which has admitted reference to the file in cases of "admissions against interest" - see for example Rohm & Haas v Collag [2002] F.S.R. 28  and  Furr v Truline [1985] F.S.R. 553. [read post]
14 Nov 2017, 2:00 am by ELLIOT GOLD
The test of dishonesty is as set out by Lord Nicholls in Royal Brunei Airlines Sdn Bhd v Tan and by Lord Hoffmann in Barlow Clowes… When dishonesty is in question the fact-finding tribunal must first ascertain (subjectively) the actual state of the individual’s knowledge or belief as to the facts. [read post]
20 Oct 2016, 6:09 am by Dan Tench
  Lord Toulson noted the frequently quoted words of Lord Hoffmann in R v Secretary of State for the Home Office, Ex p Simms [2000] 2 AC 115 that “Fundamental rights cannot be overridden by general or ambiguous words” and said importantly that “while Lord Hoffmann said that this presumption will apply “even” to the most general words, but I would say further that the more general the words, the harder it is likely to be to rebut… [read post]