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Searching Content indexed under Trials & Appeals & Compensation by Gowling WLG ordered by Published Date Descending.
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1
Town And Village Greens: Court Of Appeal Delivers A Salutary Lesson To Landowners
Are you buying or do you own sites which include open land? Planning team consultant Nigel Hewitson highlights how you may be at risk of land being registered as a "town and village green".
UK
15 Oct 2018
2
Can The UK Unilaterally Revoke Its Article 50 Notification And, If So, To What Effect?
In its recent judgment in Wightman and others v Secretary of State for Exiting the European Union [2018] CSIH 62, the Court of Session has referred to the Court of Justice of the European Union (CJEU)
European Union
12 Oct 2018
3
Finance Litigation: The Latest Cases And Issues – September 2018
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
UK
5 Oct 2018
4
A Return To Intervenor Funding? The Impact Of CNH Canada Ltd v Chesterman Farm Equipment Ltd
The recent decision of the Court of Appeal for Ontario in CNH Canada Ltd v Chesterman Farm Equipment Ltd, 2018 ONCA 637 has the potential to significantly change the scope and frequency of costs awards ...
Canada
5 Oct 2018
5
ISPs Entitled To Compensation For Costs Of Identifying Infringing Subscribers
The Supreme Court of Canada recently issued its decision in the case of Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38.
Canada
1 Oct 2018
6
Canada
19 Sep 2018
7
Notice Or Norwich: Who Foots The Bill For Identifying Online Infringers?
The famous New Yorker cartoon goes, "On the Internet, nobody knows you're a dog."
Canada
19 Sep 2018
8
Auditors' Exposure To Liability Continues To Shrink
On Sept. 5, 2018, the Ontario Court of Appeal (the "Court") released its decision in Lavender v. Miller Bernstein LLP, clarifying the scope of an auditor's duties to non-clients.
Canada
17 Sep 2018
9
Public Law Case Update – September 2018
In 2004, Parliament enacted the Civil Partnership Act (the CPA) which enables same-sex couples to obtain legal recognition of their relationship...
UK
14 Sep 2018
10
Can A Company Stop A Public Authority From Publishing Materials That Might Damage Its Commercial Reputation?
The BHS collapse continues to generate political fallout and to attract the interest of various regulators.
UK
14 Sep 2018
11
When Can A Force Majeure Clause In A Contract Be Relied On?
In times of economic and/or political uncertainty, parties to construction contracts may consider whether they have a right to rely on force majeure provisions as a justification ...
UK
22 Aug 2018
12
Business And Human Rights - Are Parent Companies Liable For Violations By Overseas Subsidiaries?
There have been several cases in recent years in which the courts have considered whether it is permissible to bring a tort claim against a UK parent company in relation to alleged human rights...
UK
16 Aug 2018
13
Short But Mighty…?
The Shorter Trials Scheme (ST") is one of a raft of measures designed to improve the customer experience of civil justice.
UK
15 Aug 2018
14
Insolvency Litigation - Recent Cases And Issues - July 2018
In the case of Absolute Living Developments Ltd (in liquidation) v DS7 Ltd & Others (2018) the Chancery Court held that it was not appropriate to make an order for security for costs...
UK
10 Aug 2018
15
Limitation Act Gives BC Security Holder Unpleasant Surprise
The British Columbia Court of Appeal considered for the first time section 15 of that province's updated Limitation Act.
Canada
7 Aug 2018
16
2018: The SCC Mid-Year Review – How's It Going So Far?
Given the popularity of our annual SCC Year in Review article, we thought we would provide a mid-year update to check in on what the Court has been doing so far this year and what we can expect...
Canada
25 Jul 2018
17
Exclusion Clauses And The Reasonableness Test - What You Need To Know About The Latest Court Of Appeal Decisions
Pre-contract, exclusion clauses are often the subject of extensive debate, as commercially they are a key part of assessing and moderating risks. When disputes arise during performance ...
UK
13 Jul 2018
18
Public Law Case Update - June 2018
Written by Gowling WLG's team of experts, our case update offers a straightforward overview of six recent important cases in public law and regulation.
UK
10 Jul 2018
19
The Court Of Appeal Confirms That Retrial Is Not Permitted
Alcon has successfully resisted AP Racing's appeal against an Intellectual Property Enterprise Court (IPEC) decision. The case concerns Alcon's high performance brake caliper designs and technology.
UK
6 Jul 2018
20
How To Shoot For Arrow Relief
The Court of Appeal has ruled that the discretion as to whether or not to award Arrow relief lies with the trial judge, for exercise in light of the facts and circumstances at the date of the trial.
UK
5 Jul 2018
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