Prohibition on Abuse of Rights in UK Law
Legislation
Books & Journal Articles
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O'Keeffe v Ireland: The Liability of States for Failure to Provide an Effective System for the Detection and Prevention of Child Sexual Abuse in Education
In O'Keeffe v Ireland, the Grand Chamber of the European Court of Human Rights found that Ireland failed to protect the applicant from sexual abuse suffered as a child in an Irish National School i...
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‘Am I Free Now?’ Overseas Domestic Workers in Slavery
This article examines United Kingdom overseas domestic worker and diplomatic domestic worker visas in place since 2012. These visas tie workers to an employer by making it unlawful for them to chan...
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The new market abuse regime in Greece: A step towards increased market transparency or a new source of confusion?
The Greek insider trading and market manipulation (market abuse) regime is in the process of transformation by the new Code on Capital Market, which internalises the provisions of the 2003 Market A...
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‘A Monstrous and Unjustifiable Infringement’?: Political Expression and the Broadcasting Ban on Advocacy Advertising
This paper considers the legality of the broadcasting prohibition on ‘advocacy advertising’– the use of advertising space to communicate social, political and moral arguments to a wider public – in...
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Law Firm Commentaries
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Enforcement Of Mortgage Charge: Valid Defence Was Too Late
Failing to diligently assert a defence to enforcement of a charge over property may preclude a borrower from relying on that defence. The Court of Appeal in Dickinson & anr v UK Acorn Finance L......... possession proceedings had started, was an abuse of process. In November 2010, the defendant, UK ...-charge precluded the exercise of Acorn’s rights. This challenge failed, so a warrant was issued ... activity” in contravention of the prohibition on carrying out a regulated activity unless the ......
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MAKING HEAVY WEATHER OF THE UK’S UNJUSTIFIED INFRINGEMENT THREATS RULES
The UK has for a long time had laws in place that make it illegal for IP owners to make “unjustified threats” to bring proceedings for infringement of registered IP rights. In recent years, this p......... for infringement of registered IP rights. In recent years, this prohibition has been ... and passing-off, which are just as open to abuse as registered rights. In this regard the law in ......
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Financial Services Bulletin - Market Abuse: The New Regime
......Units in a collective investment scheme; . Rights under a stakeholder pension scheme; . Options; . Futures; . Contracts for ... obtained by research or analysis is exempt from any prohibition enabling it to be freely used. There is also an exemption for "order flow ......
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UK CAT Awards 2 Travel £93,000 In Damages Against Cardiff Bus For Abuse Of Dominant Position In Cardiff Public Transport Market
...... predatory conduct against 2 Travel, contrary to the Chapter II prohibition of the Competition Act 1998. Cardiff Bus did not, however, receive a fine ... and cynically decided to disregard the law as well as 2 Travel's rights; Cardiff Bus' conduct was seriously anti-competitive and motivated by an ......
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