Obiter Dicta in UK Law
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UK Capital Maintenance Principle May Restrict Damages Awards
Obiter dicta by High Court suggests that damages may not be available as a remedy where an English company breaches a contractual obligation and performance of that obligation would have required a...... Obiter dicta by High Court suggests that damages may not be available as a remedy ... ...
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Isaac v (1) Tan (2) Cardiff City Football Club (Holdings) Ltd [2022] EWHC 2023 (Ch)
... ... and also provides some interesting obiter dicta guidance as to the ... valuation of minority shareholdings, in ... ...
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New ADR Guidance, Decision On 'Staleness', Approach To 'Warehousing' Claims.
... ... applied the Supreme Court's obiter dicta in HMRC v ... Tooth (2021) to confirm that there is no concept of ... ...
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UK Supreme Court Judgment On European Communities Act Amending A UK Act Of Parliament
... ... In our view, these remarks are obiter dicta, given that the particular situation of these regulations was not at ... ...
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The Test For Dishonesty In Criminal Cases ' Ghosh Gone, Ivey Confirmed
... ... taken a wrong turn in Ghosh." In comments forming part of ... the obiter dicta (therefore essentially expressions of ... opinion not legally ... ...
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EPO Confirms Prohibition On Double Patenting ' But Leaves Questions Outstanding
... ... originates from obiter dicta in two earlier Enlarged Board ... decisions which were concerned ... ...
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AGAs, The Good Harvest Case - An Update
... ... most unsatisfactory consequences of the case however, arise from obiter dicta comments made by the judge, that is comments that do not form part ... ...
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The Court Of Appeal Has Confirmed The Test For Dishonesty In Criminal Proceedings
... ... in criminal cases is the test set out (obiter) by the Supreme Court ... in Ivey v Genting, and not that in its own ... was therefore obiter dicta. But it left uncertainty as to ... which test should then be applied in ... ...
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New Decision: Is Failure To Pay Hire A Breach Of Condition?
... ... There is however some contrary "obiter dicta" (i.e. additional, non-binding judicial comments) in later ... ...
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English Court Provides Welcome Clarification on Key Arbitral Award Issues
The decision confirms that UNCITRAL Rules do not impose a higher procedural fairness burden than the Arbitration Act and that the foreign act of state doctrine applies in arbitrations. The Comme...... ... v ImageSat International NV [2009] EWHC 2853 (Comm)) contained only obiter dicta, which expressed the opposite view ... This post was prepared with ... ...
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