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It was most famous for giving rise to the "Baden scale" or the "Baden knowledge scale" following on from the judgment of Peter Gibson J as to the five different types of relevant knowledge in knowing assistance cases. [1] The use of the Baden scale has since fallen out of judicial favour in the United Kingdom. [2]
[2014] UKSC 3 22 January 2014 Judicial review: Re an application of Raymond Brownlee for Judicial Review [2014] UKSC 4 5 February 2014 Legal aid: R v Mackle (Nos. 1, 2 and 3), and R v McLaughlin [2014] UKSC 5 29 January 2014 Evasion of customs duty: I.A. v The Secretary of State for the Home Department [2014] UKSC 6 29 January 2014 Immigration law
By 4-1, the House of Lords held that Guardian Insurance owed the plaintiff a duty of care in tort, under the principle first expressed in Hedley Byrne & Co Ltd v Heller & Partners Ltd and later expanded upon in Anns v Merton LBC. By 3-2, it further held that, "Where the relationship between the parties is that of employer and employee, the duty ...
3 (Pledger v Janssen, et al.) APPEARANCES: (Continued) WEIL, GOTSHAL & MANGES, LLP BY: DIANE P. SULLIVAN, ESQUIRE ALLISON BROWN, ESQUIRE (admitted pro hac vice) 301 Carnegie Center, Suite 303 Princeton, New Jersey 08540 T: 609-986-1100 F: 212-310-8007 E-mail: diane.sullivan@weil.com E-mail: allison.brown@weil.com Counsel for Defendant Janssen 4
Spiliada has since been adopted in numerous jurisdictions including Canada, [3] Singapore, [4] New Zealand, [5] and Hong Kong. [6] The standard, however, has been rejected by Australia, where it has been held that a local court can only decline to exercise jurisdiction if it can be established that it is a clearly inappropriate forum. [7]
[1] A latae sententiae penalty is a penalty that is inflicted ipso facto , automatically, by force of the law itself, at the very moment a law is contravened, hence a broadly applied judgment. A ferendae sententiae penalty is a penalty that is inflicted on a guilty party only after a case has been brought and decided by an authority in the Church.
Lennard's Carrying Co Ltd v Asiatic Petroleum Co Ltd [1915] AC 705 is a famous decision by the House of Lords on the ability to impose liability upon a corporation. The decision expands upon the earlier decision in Salomon v Salomon & Co. [1897] AC 22 and first introduced the " alter ego " theory of corporate liability.
Art 101(1): The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market.