Defence of Necessity in UK Law
-
Own Name Defence - Dead Or Alive
... ... that the defence was only available in circumstances where use of the name concerned was "necessary" and in this case there was no such necessity. Similarly, no "own name defence" to trade mark infringement under s11(2) of the Act was available as this only applied to honest practice in ... ...
-
Court Of Appeal Allows Appeal On Crown Use Defence In Mobile Telecoms Patent Case
... ... which context actual authority can be either express or implied; ... the usual basis for implication was necessity (as it is in the case ... of implied terms in contracts) and it was difficult to see why s ... 55(1) should exclude an authorisation to do an act ... ...
-
Motor: High Court Rules On Standard Of The Reasonable Driver' When Under Threat Of Physical Harm
... ... Mr Barnes denied negligence as well as pleading self-defence and necessity ... Mr Barnes had previously been acquitted of the ... ...
-
Preventing The Unnecessary Arrest Of Your Client
... ... But what does the test of necessity mean and how should it be applied in practice? These were the issues to be ... The decision is essential for defence practitioners who wish to make representations against the arrest of ... ...
-
The use and limits of Mutual Legal Assistance Treaties: A case study in Canada and the United Kingdom
Introduction - Mutual Legal Assistance Treaties (MLATs) are one of the most important tools available to law enforcement agencies conducting international investigations. Recently, decisions in ...... ... in Canada and the United Kingdom highlighted both their necessity as well as their limitations in respect of these investigations ... R v ... an accused’s right to a fair trial and to make full answer and defence and violated sections 7 and 11(d) of the Charter. It held section 36 of ... ...
-
Placed Into Administration - Teknoflex Interconnect Solutions
... ... Products have been used in various sectors, such as defence, aerospace, communications, medical, automotive/motorsport, industrial and consumer ... Disclaimer ... By necessity, this briefing can only provide a short overview and it is essential to ... ...
-
Cyber Essentials: Staying Secure - New Insurance Survey Launched
... ... your business's first line of defence ... However, what happens if an attacker breaks through? What damage ... survey EUSurvey - Survey (europa.eu) ... The Necessity of Cyber Insurance and Limitation Provisions in ... Service Contracts ... ...
-
Innovative Drilling Technology Could Provide Access To "inexhaustible Clean Energy"
... ... Solve Key Problems in the Defence Sector) regarding the ... transferability of oil & gas expertise, the ... discussion of the transferability and necessity of oil & gas ... expertise, especially as the energy sector looks towards ... ...
-
Comparative Advertising
... ... to 02's registered bubbles, it nonetheless did indeed have a defence under the Directive ... O2 then took its case to the Court of Appeal, ... 3G counter-argued that "necessity" was not required under the Directive. Furthermore it said that, even if ... ...
-
An Uncertain Future
... ... product, most notably the 'state of the art'/'development risks' defence. In essence, that defence provides that if the state of scientific ... finding for the claimant, the Tribunal found that there was no necessity to prove the precise cause of the accident in order to succeed in ... ...
See all results