Where a pure point of law is involved or the facts are not materially in dispute, a party is entitled to summary judgment on the claim or relevant issue1. However, it is generally difficult to identify and establish such clear cut issues in a patent action even though they might at first sight appear straightforward2. In particular, the construction of a claim3 requires the court to adopt the mantle of the skilled addressee which requires the aid of expert evidence4, and infringement often involves consideration of a purposive construction and whether any variant falls within the scope of the
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Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
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