Recent literature on lichens—226

Hodkinson, Brendan P.; Hodkinson, Sarah Z.

doi:10.1639/007-2745-115.3.465

Cited by 2 publications

(2 citation statements)

References 125 publications

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“…On the issue of the correct approach to the illegality defence, the flexible approach exemplified by the majority's reasoning in Hounga and endorsed by Lords Toulson and Hodge in Bilta is not contrary to Tinsley. Further, the strict approach is 'indiscriminate' 78 and 'will often produce disproportionately harsh consequences'. 79 Moreover, the highest courts in various common law jurisdictions have adopted a flexible approach, 80 which decisions the Court would 'undoubtedly wish to examine' 81 in the future, and which 'merit reading'.…”

Section: Resultsmentioning

confidence: 99%

“…That is, a separate exception is not needed. 78 Second, the importance of Montgomery as a development from Sidaway once again becomes pertinent. One argument that might be made is that because of the emphasis on the continuum of development from Sidaway, especially from Lord Scarman's judgment, and the similarities of the formulations of the therapeutic privilege, Montgomery has not done anything to narrow the range of circumstances in which the therapeutic privilege, and thus the professional-patient test, may apply.…”

Section: Bolam's Potential Relevance (1): the Therapeutic Privilegementioning

confidence: 99%

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Injunctive Relief: But Let's Agree Not To Have It?

2016

Modern Law Review

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The ability of parties contractually to limit their right to seek injunctive relief has not often been judicially discussed. An interesting case from Singapore now appears to suggest that this is much more than a theoretical possibility. Some arguments can, however, be made to demonstrate that this is perhaps not the vista of opportunity over which some contract draughtsmen might rejoice, and care should be taken to ascertain the boundaries of the law, as explained in this note.

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Section: Resultsmentioning

confidence: 99%

Section: Bolam's Potential Relevance (1): the Therapeutic Privilegementioning

confidence: 99%