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Judicial review: recent reforms download
Certain judicial review reforms reforms – that attracted fierce debate in Parliament and within the legal profession – have now received the Royal Assent. They will be significant to many and a concern to some.
When Gordon Ramsay sought a declaration that he was not bound by the guarantee in a lease the issue was whether he had authorised a signature by his father-in-law. But the father-in-law was not called to give evidence.
The overriding objective of the Civil Procedure Rules is that cases must be dealt with “justly and at proportionate cost”. Now costs cases are coming through thick and fast, what key principles and tips can we derive?
A contracting party always wants to protect itself against the breach of its counterparty. But two recent cases show that parties can shoot themselves in the foot if they complete a clause that amounts to an unenforceable penalty.
We now have the advocate-general’s opinion in the ‘Woolworths’ case.
Jackson, Denton, Mitchell… anyone involved with civil litigation over the last two years will have heard these names repeatedly and will be aware of their importance to compliance with the new rules.
While a headline glance at the Supreme Court’s judgment in this long-running case might give developers some encouragement a closer look reveals that the issues in play are not quite so straightforward.
It is often said that there is a thin line between madness and genius. That was demonstrated neatly by the tenant in the recent case of Hough v Greathall.
Litigation privilege: what is it and how can you protect it? A checklist for directors and managers download
Claiming privilege over a document is a valuable right for a potential litigant, however litigation privilege can be lost or not even arise at all.
The Court of Appeal has clarified how a party’s beneficial interest in a property in which she had lived with her partner should be assessed, and whether or not her interest took priority over the mortgagee’s.
Oral agreements are binding – but can give rise to problems.
The issue in Eurasian Natural Resources Corporation plc v Judge concerned a claim by an employer for delivery up of confidential information by a director upon termination of his appointment.
The case concerned the sale by Topshop of T-shirts bearing an image of the popstar Rihanna.
Design right infringement in gilets download
In DKH Retail Ltd v H Young (Operations) Ltd, the Intellectual Property Enterprise Court (the IPEC) had to determine whether an Animal-branded hooded gilet infringed Superdry’s unregistered design right.
Ice cream vans may not be an obvious inspiration for intellectual property litigation but they were the focus of the recent High Court judgment in Whitby Specialist Vehicles Ltd v Yorkshire Specialist Vehicles Ltd.
What a RANDOMS decision download
Nestlé is the registered proprietor of two Irish trademarks, the word mark RANDOMS and the slogan LET YOUR RANDOM SIDE OUT in respect of confectionery.
The CJEU has ruled on whether jurisdiction is conferred on the courts of an EU member state to hear an infringement action where an allegedly copyright-infringing image is accessible on a website in that member state, but the website is hosted in another member state.
In International Stem Cell Corporation v Comptroller General of Patents ISCC made two UK patent applications relating to human stem cells.
Trademarks: registry review download
Walker Morris’s review of trademarks includes information on the marks PIANISSIMO, TERRAFLEX, KENZO and SURBURBIA...
The Court of Appeal has given clear and helpful guidance as to the legal position when two or more known or foreseeable factors may combine to produce an abnormal event.