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Results: 1-10 of 15

The limits of combat immunity
  • Borden Ladner Gervais LLP
  • Canada, United Kingdom
  • July 17 2013

The claims in three cases against the UK's Ministry of Defence (MoD) arose from military operations in Iraq, in which soldiers were either killed or


Equity isn't just the exercise of judicial discretion
  • Borden Ladner Gervais LLP
  • Canada, United Kingdom
  • August 13 2013

Lawyers and, occasionally, judges may think that the equitable jurisdiction of the courts is simply an exercise of judicial discretion to avoid a


BLG Monthly Update
  • Borden Ladner Gervais LLP
  • Argentina, Australia, Canada, United Kingdom, USA
  • December 19 2012

The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find


Just when you thought the Privy Council’s jurisdiction was on the wane
  • Borden Ladner Gervais LLP
  • Canada, Honduras, United Kingdom
  • September 19 2012

Canada abolished appeals to the Judicial Committee of the Privy Council in 1949 (although the last Canadian case Ponoka-Calmar Oils Ltd v Earl F Wakefield Co, 1960 AC 18 to go to London wasn’t actually decided until 1959


SEC has jurisdiction over investments in Bitcoin
  • Borden Ladner Gervais LLP
  • United Kingdom, Canada
  • August 30 2013

Bitcoin is 'an electronic form of currency unbacked by any real asset', the supply of which is 'based on an algorithm which structures a


UK Supreme Court complicates international insolvencies
  • Borden Ladner Gervais LLP
  • Canada, United Kingdom
  • December 19 2012

The central question in Rubin v Eurofinance SA, 2012 UKSC 46, was whether the English courts ought to recognise the order or judgment of a foreign court


Performance in good faith as a matter of ‘mutual commercial conduct’
  • Borden Ladner Gervais LLP
  • Canada, United Kingdom
  • March 19 2013

As in Canada, the general position in England is that there is no duty of good faith in the negotiation of contracts: see Martel Building Ltd v


Some limits on commercial common sense as an interpretive principle
  • Borden Ladner Gervais LLP
  • Canada, United Kingdom
  • June 4 2013

When you tell businesspeople that Canadian and English courts now recognise commercial common sense as a principle to be used in interpreting a


The Royal baby and the succession
  • Borden Ladner Gervais LLP
  • Canada, United Kingdom
  • July 31 2013

Following the lead of the Scandinavian and Benelux countries, the UK decided to change the laws of succession to let the Crown pass to the senior


English court extends boundaries of vicarious liability, following Supreme Court of Canada’s lead
  • Borden Ladner Gervais LLP
  • Canada, United Kingdom
  • January 19 2012

A decision of the Queen’s Bench division appears to have extended significantly the boundaries of vicarious liability: JGE v English Province of Our Lady of Charity, 2011 EWHC 2871