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Tag: United Kingdom

  • Selfless dedication

    Lord Grabiner advances this argument with some force. He says that any other view is heresy and that he is incontrovertibly correct. Indeed he goes as far as to say that he is prepared to go to the stake on this point. One cannot but be impressed by this level of selfless dedication to his… Read more →

  • Alice in Wonderland Interpretations

    I know of only one authority which might justify the suggested method of construction: “‘When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean, neither more nor less.’ ‘The question is,’ said Alice, ‘whether you can make words mean so many different things.’… Read more →

  • The secret of drafting legal documents

    How do we interpret a formal commercial agreement if it is ambiguous and we have reason to believe that its draftsman did not have a deep understanding of the relevant law? I think that is what this case is about. The secret of drafting legal documents was best described by Nicolas Boileau, who was not… Read more →

  • A singular merit

    It has the merit of being short. It has no other. Jonathan Parker J considerably understated the position, when he said ‘regrettably, the drafting of s 213 leaves much to be desired’ … It is not just a question of drafting (though words and phrases such as ‘commonplace’, ‘dependent’, ‘aspect of shape or configuration of… Read more →

  • An appeal with a hole in the middle

    ‘This is an appeal concerning Polos, the mint with the hole in the middle. This is an appeal with a hole in the middle. It is dismissed.’Société des produits Nestlé SA v Mars UK Ltd [2004] EWCA Civ 1008 In dismissing Nestlé’s appeal against a decision rejecting its application for registration of the shape of… Read more →

  • Coathangers

    Day One Counsel: What is your name? Chrysler: Chrysler. Arnold Chrysler. Counsel: Is that your own name? Chrysler: Whose name do you think it is? Counsel: I am just asking if it is your name. Chrysler: And I have just told you it is. Why do you doubt it? Counsel: It is not unknown for… Read more →