Foreign Courts Archives

Andy Warhol Foundation’s commercial licensing of ‘Orange Prince’ to Condé Nast cannot be defended as fair use of Lynn Goldsmith’s copyrighted photo of Prince

Affirming the decision of the Court of Appeals (2nd Circuit), the Court with a ratio of 7:2 held that first fair use factor as under 17 US Code §107(1) favours Lynn Goldsmith and not AWF.

Case Briefs Foreign Courts

Can Twitter or other social media sites, be held liable for any content posted by ISIS on its platform? SCOTUS answers

SCOTUS unanimously held that the plaintiffs failed to allege that the social media sites had intentionally provided any substantial aid or systemically assisted ISIS, which directly led to the Reina Nightclub terror attack.

Case Briefs Foreign Courts

Quebec’s ban on possession and cultivation of cannabis for personal purposes held constitutionally valid: Canada SC

The prohibitions set out in the Cannabis Regulation Act, 2018 are a means of serving the health and security of the public.

Case Briefs Foreign Courts

G1 license holder driving an ATV alone on highway for accessing trail with owner’s consent is minor breach: Superior Court of Justice, Ontario

The Court said that ignorance of the fact that G1 license holders had special provisions or restrictions while driving an ATV on a highway and not knowing that central lane is a highway is no defense.

Case Briefs Foreign Courts

[LGBTQ+ Rights] | LGBTQ+ community have the Right to Freedom of Association, which includes the right to form an association of any kind: Supreme Court of Kenya

With a ratio of 3:2, the Supreme Court of Kenya delivered a significant decision by holding that it would be unconstitutional to limit the right to form association purely based on sexual orientation.

Case Briefs Foreign Courts

US District Court | Texas’ anti-abortion laws do not have extra-territorial operation and cannot regulate abortions that take place outside the State of Texas

While deliberating over the case filed by non-profit abortion funds operating in Texas, the US District Court held that Texas’ Attorney General cannot enforce Texan anti-abortion laws outside the State of Texas

Case Briefs Foreign Courts

Records kept by companies fall outside the scope of Section 124(1) Evidence Act; Can’t be regarded as spousal communications within meaning of Section 124(1): High Court of the Republic of Singapore

High Court of the Republic of Singapore: While deciding a case related to marital privilege, Chua Lee Ming* J. held that records

Case Briefs Foreign Courts

Eskom’s cry about risk of collapse of national grid rings hollow in the face; Constitutional Court of South Africa directs Eskom to supply electricity

The Supreme Court of Appeal dismissed an appeal against the judgment and order of the High Court of South Africa, directing the applicant, Eskom to supply electricity to the two defaulting municipalities pending the institution of review proceedings.

Case Briefs Foreign Courts

Court of Appeal | Application of Principle of Separability requires a legally binding arbitration agreement

The Court of Appeal upheld the decision of the High Court setting aside the arbitral award observing that the application for the Principle of Separability requires a binding arbitration agreement.

Case Briefs Foreign Courts

Can’t allow collateral attack on the criminal convictions: High Court of the Republic of Singapore dismisses constitutional challenge by 4 inmates against provisions in drug law

“Despite the claimants’ assertion that they seek only to examine the Constitution, the true subject matter of the present application is the propriety of the claimants’ convictions, which were the remit of their respective cases in the High Court and Court of Appeal. This application for permission amounts to a collateral attack on the earlier criminal decisions.”

Case Briefs Foreign Courts

[Data Protection v. Right to Information] Google must de-reference/remove inaccurate data from search engine; ECJ rules

“A person’s image constitutes one of the chief attributes of his or her personality as it reveals the person’s unique characteristics and distinguishes the person from others. The right to the protection of one’s image is thus one of the essential components of personal development and mainly presupposes that person’s control over the use of that image, including the right to refuse publication of it.”

United States Court of Appeals (Seventh Circuit)

Case Briefs Foreign Courts

US Court of Appeals (7th Circuit) reverses bar on enforcement of Indiana law requiring abortion providers to dispose of foetal remains either by burial or cremation

The court has reversed the US District Court order that had barred the enforcement of a law passed by Southern District of Indiana, requiring the medical providers to dispose of foetal remains via burial or cremation instead of as “medical waste” stating that the law violated the First Amendment.

Case Briefs Foreign Courts

Canada SC | An accounting of profits requires that the infringer disgorge all profits causally attributable to infringement of the invention after the grant of patent

The Supreme Court of Canada was deciding a dispute between Nova Chemicals and Dow Chemicals, where the issue revolved around accounting of profits as a remedy for patent infringement.

Case Briefs Foreign Courts

Termination of a Swiss national's widower's pension: ECHR finds no weighty and convincing reasons for such differential treatment on grounds of gender

“References to traditions, general assumptions or prevailing social attitudes in a particular country are insufficient justification for a difference in treatment on grounds of sex, whether in favour of women or men”

Case Briefs Foreign Courts

Singapore Court of Appeal clarifies the proper interpretation of ‘reasonable costs’ under Order 110 Rule 46 and the way it needs to be assessed

The issue of cost recovery in various forums could impact the choice of dispute resolution forum by parties seeking to resolve their international commercial disputes in Singapore. This is a chief judgment for thirdparty funders, funding disputes in Singapore, as the degree to which costs may be recovered would be a relevant factor in making the commercial decision to fund a dispute.

Case Briefs Foreign Courts

Constitutional Court of South Africa | Defence of SLAPP well accommodated in Doctrine of Abuse of Process to ensure Court’s own protection

Constitutional Court of South Africa | A bench comprising of Kollapen, Madlanga, Majiedt*, Mathopo, Mhlantla, Theron, Tshiqi, JJ., Mlambo and

Case Briefs Foreign Courts

Constitutional Court of South Africa | Child apprehended for possession and/or use of cannabis, may be referred to civil process; Parliament to bring necessary legislative reforms

“Children are precious members of our society and any law that affects them must have due regard to their vulnerability

Case Briefs Foreign Courts

High Court of the Republic of Singapore | Amount paid as personal commission liable to be returned if transaction is called off because of fraud

High Court of the Republic of Singapore | The bench comprising of Belinda Ang Saw Ean*, Woo Bih Li and

Case Briefs Foreign Courts

Supreme Court of Appeal of South Africa | Minute Scrutiny of Evidence given by Prosecution is not Necessary if the theory of Prosecution is supported by evidence in broad strokes

Supreme Court of Appeal of South Africa | While deciding an appeal filed with view to challenge the order of

Case Briefs Foreign Courts

Court of Appeal of the Republic of Singapore | Jurisdiction of Arbitral Tribunal is only revived to the extent of the remission ordered

“Apart from the remission ordered, there is no basis on which a party in CKH’s position or the Tribunal itself can seek to re-open or expand the subject matter of the award or arbitration.”