scholarly journals Starbucks (HK) Case Note: The Ambiguous Limb of Goodwill and the Tort of

2017 ◽  
Vol 48 (1) ◽  
pp. 55
Author(s):  
Olivia Lewis
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Case Note ◽  
Public Interests ◽  
Passing Off ◽  
The United Kingdom

This article looks at the United Kingdom Supreme Court's decision in the case of Starbucks (HK) Ltd v British Sky Broadcasting Group PLC (Starbucks). In this case Lord Neuberger reaffirmed that the traditional "hard-line approach" is the applicable test for the goodwill limb under the tort of passing off in the United Kingdom. This approach maintains that in order to succeed in a claim for passing off, the claimant must show that they have goodwill in the form of business and customers in the jurisdiction. A significant reputation among a sufficient section of the prospective purchasing public within the jurisdiction (the "soft-line approach") was held to be insufficient. This article critically analyses Lord Neuberger's reasoning in favour of the traditional hard-line approach. It is found that his approach was out of touch with modern commercial reality. In conclusion, it is argued that Lord Neuberger did not strike the appropriate balance between the competing public interests in protection and competition, and it is contended that he should have adopted the more factually inquisitive soft-line approach. This would have brought the United Kingdom into line with what is arguably the more dominant and justifiable trend in other common law jurisdictions, thereby avoiding the enduring uncertainty which is likely to follow this decision.

8. Passing off

2019 ◽  
pp. 179-206
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Trade Mark ◽  
Passing Off ◽  
The Public ◽  
The United Kingdom ◽  
Erroneous Belief

This chapter explores the tort of passing off which protects the goodwill of a trader from misrepresentation. In the United Kingdom, there is no obligation to register a trade mark. Protection has always been available at common law for marks in use, by means of the action for passing off. There are three elements of passing off. First a trader must establish that the trader has a goodwill or reputation attached to the goods or services which the trader supplies. Second, the trader must demonstrate that the defendant has made a misrepresentation leading or likely to lead the public to believe that the goods or services offered by the defendant are the goods or services of the claimant. Lastly, the trader must demonstrate that the trader has suffered or is likely to suffer damage by reason of the erroneous belief caused by the defendant's misrepresentation. These three elements are interdependent.

The Implementation of Constitutional Reform in the United Kingdom: Principles and Problems

1995 ◽  
Vol 29 (4) ◽  
pp. 551-564
Author(s):  
Dawn Oliver
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Common Law ◽  
Public Law ◽  
Constitutional Reform ◽  
Academic Literature ◽  
The United Kingdom ◽  
The Common ◽  
Executive Agencies ◽  
The Relationship

First, I want to express my gratitude and sense of honour in being invited to deliver the Lionel Cohen lecture for 1995. The relationship between the Israeli and the British legal systems is a close and mutually beneficial one, and we in Britain in particular owe large debts to the legal community in Israel. This is especially the case in my field, public law, where distinguished academics have enriched our academic literature, notably Justice Zamir, whose work on the declaratory judgment has been so influential. Israeli courts, too, have made major contributions to the development of the common law generally and judicial review very notably.In this lecture I want to discuss the process of constitutional reform in the United Kingdom, and to explore some of the difficulties that lie in the way of reform. Some quite radical reforms to our system of government — the introduction of executive agencies in the British civil service, for instance—have been introduced without resort to legislation. There has been a spate of reform to local government and the National Health Service.

scholarly journals Default and Termination of Contract: A comparative Study between Indonesia and The United Kingdom

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 469
Author(s):  
Akhmad Budi Cahyono
Keyword(s):  
United Kingdom ◽  
Comparative Study ◽  
Comparative Studies ◽  
Common Law ◽  
Contract Law ◽  
Legal Rules ◽  
Contractual Relationship ◽  
The United Kingdom ◽  
Injured Party ◽  
The Right

Default is something that often occurs in contractual relationship. It can be not perform its obligations in the contract in all or in a part, performing its obligations but not in accordance with was agreed, performing its obligations but not in time, and performing something that is prohibited in the contract. Due to default, the injured party may claim compensation and / or terminate the contract. The problem is, the Indonesian Civil Code does not specify how a contract can be terminated in case of default. Therefore, it is necessary to conduct a comparative study in other countries in terms of how a default can terminate the contract. The British which adopt common law tradition where jurisprudence is the main source of law is the right choice for conducting comparative studies. Countries with common law traditions have detailed legal rules based on jurisprudence. As in Indonesia, according to British contract law, defaults also can terminate the contract. However, unlike in Indonesia, according to British contract law, termination due to a default is only allowed in the event that the default is very serious. The very serious forms of default will be elaborated and become a part of the discussion in this paper.

Conclusion The American and Westminster Models

2021 ◽  
pp. 391-396
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
Human Rights ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
The United States ◽  
State Of Emergency ◽  
The United Kingdom ◽  
European Court

This concluding chapter identifies the four major causes of the growth and origin of judicial review in the G-20 common law countries and in Israel. First, the need for a federalism umpire, and occasionally a separation of powers umpire, played a major role in the development of judicial review of the constitutionality of legislation in the United States, in Canada, in Australia, in India, and most recently in the United Kingdom. Second, there is a rights from wrongs phenomenon at work in the growth of judicial review in the United States, after the Civil War; in Canada, with the 1982 adoption of the Canadian Charter of Rights and Freedoms; in India, after the Indira Gandhi State of Emergency led to a massive trampling on human rights; in Israel, after the Holocaust; in South Africa, after racist apartheid misrule; and in the United Kingdom, after that country accumulated an embarrassing record before the European Court of Human Rights prior to 1998. This proves that judicial review of the constitutionality of legislation often occurs in response to a deprivation of human rights. Third, the seven common law countries all borrowed a lot from one another, and from civil law countries, in writing their constitutions. Fourth, and finally, the common law countries all create multiple democratic institutions or political parties, which renders any political attempt to strike back at the Supreme Court impossible to maintain.

Acquisition Of Rights

2017 ◽  
Author(s):  
Annette Kur ◽  
Martin Senftleben
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Trade Mark ◽  
Nordic Countries ◽  
The European Union ◽  
Legal Regime ◽  
Passing Off ◽  
The United Kingdom ◽  
Trade Mark Law ◽  
European Trade

Under European trade mark law, protection is only acquired through registration (Article 6 EUTMR; Article 1 TMD). Whether the mark is actually used or not is of no relevance at this stage: neither is it a requirement for protection, nor does it grant a substantive right under the European Union Trade Mark Regulation (EUTMR) or the Trade Mark Directive (TMD). However, such protection may follow from national law. Member States are free to grant use-based trade mark protection within their jurisdiction, and in a number of them—Austria, Germany, Italy, the Nordic countries, and, in the form of passing off, the United Kingdom—such protection is available under terms that may differ from country to country. The specificities of the legal regime applying to such signs are independent from the provisions in the TMD.

Introduction The Birth and Growth of Judicial Review in the Civil Law World

2021 ◽  
pp. 1-8
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The Political ◽  
The United Kingdom

This book is about the stunning birth and growth of judicial review in the civil law world, since 1945. In Volume I of this two-volume series, I showed that judicial review was born and grew in common law G-20 constitutional democracies and in Israel primarily: (1) when there is a need for a federalism or a separation of powers umpire, (2) when there is a rights from wrongs dynamic, (3) when there is borrowing, and (4) when the political structure of a country’s institutions leaves space within which the judiciary can operate. The countries discussed in Volume I were the following: (1) the United States, (2) Canada, (3) Australia, (4) India, (5) Israel, (6) South Africa, and (7) the United Kingdom....

The Actuarial Aspects of Recent Legislation, in the United Kingdom and other Countries, on the subject of Compensation to Workmen for Accidents

1902 ◽  
Vol 36 (5-6) ◽  
pp. 417-564 ◽  
Author(s):  
John Nicoll
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Early Period ◽  
Jewish Law ◽  
The United Kingdom ◽  
The Subject ◽  
The Common

The liability of the employer to compensate his employees, as well as other persons, for injuries sustained through his fault, may be traced from an early period in the world's history in the Common Law of various countries.For example, by the Jewish Law, said to have been promulgated about the year 1500 B.C., if a master were the means of causing the loss, either intentionally or unintentionally, of the eye or of the tooth of his slave, he was bound to let him go free for his eye or his tooth's sake. Again, according to the same law, if an employer allowed his ox to gore either his servant or a stranger, he was required to pay various compensations to the injured if he survived, or to his relatives in the event of the injury being followed by death.

Perspectives of law and culture on the end-of-life legislations in France, Germany, India, Italy and United Kingdom

2019 ◽  
Keyword(s):  
United Kingdom ◽  
End Of Life ◽  
Legal System ◽  
Common Law ◽  
Cultural Backgrounds ◽  
Law System ◽  
Life Study ◽  
The United Kingdom ◽  
Legal Problems ◽  
Legislative Changes

The interactions between law and culture in addressing the legal problems at the end of a life are currently being discussed in many countries. The discourse on this issue should be multidisciplinary, taking into account its legal, medical, ethical, philosophical and anthropological aspects. The concepts designed to manage the legal problems that occur when a life comes to an end are closely linked to the culture of each country. For this reason, countries with different cultural backgrounds have been selected for this comparative end-of-life study. In France, Germany and Italy, which have a continental legal system, the United Kingdom, which has a common law system, and India, the various religions and cultures exert an important influence on the modernisation of the legislation in this respect. The book deals with recent legislative changes and developments in the countries surveyed. With contributions by Soazick Kerneis, Guillaume Le Blanc, Jeanne Mesmin d’Estienne, Louis-Charles Viossat, Christophe Pacific, Volker Lipp, Christine Laquitaine, Philippe Poulain, Stephanie Rohlfing-Dijoux, Stefano Canestrari, Kartina A. Choong, Richard Law, Sabine Boussard, Prasannanshu Prasannanshu, Pierre Rosario Domingue, Arvin Halkhoree, Kerstin Peglow, Jörg Luther, Uwe Hellmann, Géraldine Demme, Sabir Kadel, Anja van Bernum, Marie Rossier, Victoria Roux, Charles Walleit, Berquis Bestvater

The Role of Evidence in War Crimes Trials: the Common Law and the Yugoslav Tribunal

1999 ◽  
Vol 2 ◽  
pp. 307-323 ◽  
Author(s):  
Ian Bryan ◽  
Peter Rowe
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Attorney General ◽  
War Crimes ◽  
The United Kingdom ◽  
War Crimes Trials ◽  
Domestic Courts ◽  
Time Part ◽  
Second World

With the passing into law of the War Crimes Act of 1991, the United Kingdom joined common law states such as Canada and Australia in conferring upon its domestic courts jurisdiction to try individuals suspected of having committed war crimes in Europe during the Second World War. Under the 1991 Act, proceedings for murder, manslaughter or culpable homicide may be brought, with the consent of the Attorney-General, against any person who, on 8 March 1990 or later, became a British citizen or resident in the United Kingdom, providing that the offence charged is alleged to have been committed between 1 September 1939 and 4 June 1945 in a place which was, at the material time, part of Germany or under German occupation. The Act further provides that the offence charged must have constituted a violation of the laws and customs of war under international law at the time it was committed. In addition, the Act stipulates that the nationality of the alleged offender at the time the alleged offence was committed is immaterial.

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