legal doctrine of laches

86 results for legal doctrine of laches

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  • Glaxo Group Ltd v Dowelhurst Ltd & Anor, Court of Appeal - Chancery Division, July 31, 2003, [2003] EWHC 2015 (Ch)

    The corporate parties are well known in this court. The Claimants are part of a world-famous pharmaceutical group. They and their predecessors in business have invented medical drugs which have saved many lives and have relieved an immense amount of human suffering. The First Defendants are parallel importers of pharmaceuticals: they buy genui...

    ...There are frequent legal battles between companies such as the Claimants (pharmaceutical ... that it also has some significance regarding the doctrine of judicial notice. A court is always entitled to take judicial ... of granting the remedy that is sought, such as hardship, laches, unfairness, the lack of clean hands, and so on, and by weighing ...

  • T & N Ltd V Royal & Sun Alliance Plc, Court of Appeal - Chancery Division, May 09, 2003, [2003] EWHC 1016 (Ch)

    1. Turner & Newall Ltd. was established in 1920 by the merger of Turner Brothers Asbestos Co. Ltd., Washington Chemical Co. Ltd., Newalls Insulation Co. Ltd. and JW Roberts Ltd., each of which was involved in the asbestos industry. In the 1970s as Turner & Newall Plc it had a workforce in excess of 20,000. In September 1987 it became T&N Ltd. Fo...

    ..., especially those who appreciate the commercial and legal significance of their evidence. This is particularly so when the ... But the doctrine of estoppel by convention is not available as a vehicle to admit ... will be debarred from pursuing his remedy on the ground of laches. What amounts to reasonable diligence and what circumstances ...

  • Brook v Green, Court of Appeal - Chancery Division, February 08, 2006, [2006] EWHC 349 (Ch)

    1. This is a contested bankruptcy petition presented by Eric Arthur Brook (``Mr Brook'') against Stuart Andrew Green (``Mr Green''). It is based on a statutory demand in the sum of £1,208,178.20. The underlying debt is based on a personal guarantee (the ``Guarantee'') executed by Mr Green on 19th February 2002 as the director of STE Homes Limited g...

    ... must allow for that whether he made them or not, and if by laches he has diminished the value of the pledge he is bound to allow ... that the surety ought to have, according to the general doctrine, a remedy.''. 48. There are, of course, differences between this ... of between £40,000 and £48,000 and that he incurred legal fees of £500 in respect of each transfer. Mr Brook points to the ...

  • BBC Worldwide Ltd v Bee Load Ltd (t/a Archangel Ltd.), Court of Appeal - Commercial Court, February 08, 2007, [2007] EWHC 134 (Comm)

    1. The claimant (“BBCW”) seeks summary declarations on a number of points of dispute which have arisen in relation to three contracts referred to as the Masterrights Agreement, the Led Zeppelin Agreement and the Archangel Agreement. 2. BBCW is a wholly owned subsidiary of the BBC. The BBC has in its archives many recordings of live perform...

    ... submitted that if the clause was unenforceable, it had no legal effect of any kind. He further submitted that there was nothing ... construction of the agreement or by application of the doctrine of estoppel by convention. I will hear further argument from the ... whether it would be governed by the equitable doctrine of laches or, in any event, whether it would be too late for Bee Load, as ...

  • Nokia Corp v Interdigital Technology Corp, Court of Appeal - Patents Court, April 12, 2006, [2006] EWHC 802 (Pat)

    1. This is an application by the Defendant, InterDigital Technology Corporation (``InterDigital''), to set aside service of the Claim Form and Particulars of Claim upon it on the ground that the court has no jurisdiction to decide the whole of the Claimant's claim, or in the alternative for an order striking out the claim or giving judgment pursuan...

    ... Policy the Technical Bodies should not become involved in legal discussion on IPR matters. The main characteristics of the ... by way of some form of estoppel or simply by way of the doctrine of stare decisis, and the point should not now be reargued. The ... Subject to limitation periods and laches, the prospective plaintiff is entitled to decide for himself when ...

  • Philosophical Legal Ethics Morals And Jurisprudence Of Law & Morality. Philosophical legal ethics morals and Jurisprudence of Law
  • Wilkie v Redsell, Court of Appeal - Civil Division, June 12, 2003, [2003] EWCA Civ 926

    2. LORD JUSTICE BUXTON: As the judge observed this case is an object lesson in what happens when friends fall out and when legal advice is not sought at a time when complex legal transactions are being entered into. 3. The case concerns three acres of land at Detling in Kent, which were purchased by the claimant (now respondent) Mr Alfred Lewis

    ... lesson in what happens when friends fall out and when legal advice is not sought at a time when complex legal transactions ...28. This doctrine cannot, however, be used to support the relief that Mr Redsell ... issue with which we are concerned because it is a case on laches, a complaint that is not taken in this case against Mr Redsell. ...

  • Jessup & Ors v Wetherell & Anor, Court of Appeal - Queen's Bench Division, October 20, 2006, [2006] EWHC 2582 (QB)

    1. Francis Alice Jessup, Iris Hazel Emily Harvey, Gwendoline Gladys Horney, Shirley May Keller, Peter Franklin Horney, Robert Alan Horney, Victoria May James and Mavis Rosie Catlin (``the claimants'') wish to appeal an order of District Judge Dancey made on 6 April 2006 in which he held that there should be summary judgment pursuant to CPR 24.2 fo...

    ... for the claimant to have knowledge sufficient to enable his legal advisors to draft a fully and comprehensively particularised ...46. The Green case also establishes that the doctrine of laches is not excluded by the 1980 Act (see paragraphs 33-40) ...

  • Jones & Anor v Stones, Court of Appeal - Civil Division, May 11, 1999, [1999] EWCA Civ 1379,[1999] 1 WLR 1739

    Abersoch Manor in the county of Gwynedd consisted of the manor house and stables. By 1979 the stables had been converted into a cottage and the Manor was run as a hotel by Mr and Mrs Ball. By a conveyance dated 10th September 1979 Mr and Mrs Ball conveyed the cottage, known as Manor Cottage, to, in effect, Mr Brian Stones, who used it as a weeken...

    ... "`The doctrine of laches in courts of equity is not an arbitrary or a technical ... it was unconscionable for Mr and Mrs Jones to assert their legal rights. . I will deal first with the flower pots. The judge ...

  • Hillingdon v ARC Ltd, Court of Appeal - Civil Division, June 16, 2000, [2000] EWCA Civ 191

    1. This appeal is another round in the litigation between London Borough of Hillingdon ("LBH") and ARC Limited ("ARC") arising out of the latter's claim to compensation following the compulsory acquisition by LBH of land occupied by ARC at Yiewsley. As explained below, in April 1982, LBH entered the land to construct phase 1 of the works which wer...

    ... Mr Thompson gave evidence that he was not aware of any set legal time limit. The judge found that it was Mr Chambers' view ... First, when as a matter of fact will the doctrine apply. Secondly, can estoppel by convention provide the party ..., for example betterment or an equitable bar such as laches. It could not be suggested that by agreeing to pay ARC's ...

  • Companhia De Seguros Imperio v Heath (Rebx) Ltd & Ors, Court of Appeal - Civil Division, July 20, 2000, [2000] EWCA Civ 219

    This is an appeal on one aspect of a judgment of Langley J dated 30 March 1999, now reported at [1999] Lloyd's Rep. IR 571. By his judgment Langley J found that all claims brought by the appellant ("Imperio") against the respondents ("Heaths") were statute-barred at the date the writ was issued. It is possible to take the background directly fr...

    ... of breach of fiduciary duty (questions of acquiescence or laches were expressly excluded from the scope of the preliminary issues ..."an application of equity's main technique, of requiring the legal owner of money or other property to hold it as trustee". Some ... a proprietary remedy are also noted, one being that "the doctrine of laches will apply rather than the provisions of the Limitation ...