To determine whether a patent is infringed, the specification and, in particular, its claims must be construed, purposively and with due regard to the European Patent Convention1, to determine its essential integers. If it then appears that the alleged infringement falls entirely within the words of some claim, no further question arises; the patent is infringed2. If, however, what is alleged to infringe is some variant of what is claimed, the question must be looked at more closely. The question in each case is whether persons with practical knowledge and experience of the kind of work in which the
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
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