Proposed patent court not compatible with EU law, says ECJ – OUT-LAW.com

Posted March 9th, 2011 in courts, EC law, news, patents by sally

“The European Court of Justice (ECJ) has said that the planned creation of a pan-European Patent Court would break EU law. The European Commission has said that the ECJ opinion will not affect a second EU patent plan.”

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OUT-LAW.com, 9th March 2011

Source: www.out-law.com

Shops to be banned from displaying tobacco products – The Guardian

Posted March 9th, 2011 in news, smoking by sally

“Government announces rules to keep tobacco out of sight in shops and considers making plain packaging mandatory.”

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The Guardian, 9th March 2011

Source: www.guardian.co.uk

Daily Telegraph apologises to Sedley LJ over defamatory allegations – The Lawyer

Posted March 9th, 2011 in defamation, judges, news by sally

“The Daily Telegraph is to issue a formal apology to Lord Justice Sedley over a series of ‘professionally damaging’ allegations which appeared in the paper last year.”

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The Lawyer, 9th March 2011

Source: www.thelawyer.com

Kenneth Noye appeals against M25 murder conviction – BBC News

Posted March 9th, 2011 in appeals, evidence, murder, news by sally

“One of the UK’s most notorious criminals is appealing against his conviction for a 1996 road rage murder.”

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BBC News, 9th March 2011

Source: www.bbc.co.uk

Conman jailed after women hatch plot to expose him – The Guardian

Posted March 9th, 2011 in fraud, news, sentencing by sally

“A man who cheated lovers out of thousands of pounds was caught after four of the women teamed up to confront him, a court has heard.”

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The Guardian, 9th March 2011

Source: www.guardian.co.uk

Families win asbestos payouts in Supreme Court hearing – BBC News

Posted March 9th, 2011 in asbestos, compensation, health & safety, negligence, news by sally

“Two families have won ground-breaking claims for compensation after loved ones died from cancer after exposure to ‘low level’ asbestos on Merseyside.”

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BBC News, 9th March 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 9th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Attrill & Ors v Dresdner Kleinwort Ltd & Anor [2011] EWCA Civ 229 (08 March 2011)

Neurim Pharmaceuticals (1991) Ltd v Comptroller-General of Patents [2011] EWCA Civ 228 (08 March 2011)

Ministry of Defence v Wallis & Anor [2011] EWCA Civ 231 (08 March 2011)

High Court (Queen’s Bench Division)

Dunhill v Burgin [2011] EWHC 464 (QB) (07 March 2011)

High Court (Chancery Division)

Meat Corporation of Namibia Ltd v Dawn Meats (UK) Ltd [2011] EWHC 474 (Ch) (07 March 2011)

Capita ATL Pension Trustees Ltd & Anor v Gellately & Ors [2011] EWHC 485 (Ch) (08 March 2011)

Bleasdale & Anor v Forster [2011] EWHC 416 (Ch) (02 March 2011)

High Court (Administrative Court)

Burke, R (on the application of) v Independent Police Complaints Commission & Ors [2011] EWHC 423 (Admin) (08 March 2011)

Hallett v Director of Public Prosecutions [2011] EWHC 488 (Admin) (08 March 2011)

High Court (Family Division)

T (A Child: Murdered Parent), Re [2011] EWHC B4 (Fam) (08 March 2011)

High Court (Patents Court)

MMI Research Ltd v Cellxion Ltd & Ors [2011] EWHC 426 (Pat) (07 March 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 9th, 2011 in legislation by sally

The National Health Service Trusts (Originating Capital) Order 2011

The Seed Marketing Regulations 2011

The Seeds (National Lists of Varieties) (Amendment) Regulations 2011

The Climate Change Levy (Fuel Use and Recycling Processes) (Amendment) Regulations 2011

The Conservation of Habitats and Species (Amendment) Regulations 2011

The Marine Licensing (Delegation of Functions) Order 2011

The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011

The Gender Recognition (Application Fees) (Amendment) Order 2011

The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2011

The Waste (Wales) Measure 2010 (Commencement) Order 2011

The Food Labelling (Declaration of Allergens) (Wales) Regulations 2011

The Council Tax and Non-Domestic Rating (Amendment) (Wales) Regulations 2011

The Immigration (Designation of Travel Bans) (Amendment No.2) Order 2011

The National Health Service Pension Scheme (Amendment) Regulations 2011

The Local Government Pension Scheme (Benefits, Membership and Contributions) (Amendment) Regulations 2011

The Town and Country Planning (Mayor of London) (Amendment) Order 2011

The London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2011

Source: www.legislation.gov.uk

Government working on browser solution for new cookie law, says spokesman – OUT-LAW.com

Posted March 9th, 2011 in EC law, internet, news, privacy by sally

“The Government is working with browser manufacturers to create new settings that will help businesses comply with a controversial new EU law on cookies that is due to come into force in May.”

Full story

OUT-LAW.com, 8th March 2011

Source: www.out-law.com

Ken Clarke warned over ‘catastrophic’ community punishment cuts – The Guardian

Posted March 9th, 2011 in budgets, community service, criminal justice, news by sally

“Imminent budget cuts are set to create a funding ‘black hole’ in the criminal justice system with catastrophic consequences for innovative community sentences, experts have warned.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and other – WLR Daily

Posted March 9th, 2011 in company law, debts, insolvency, law reports, winding up by sally

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others [2011] EWCA Civ 227; [2011] WLR (D) 73

“A company was ‘deemed to be unable to pay its debts’ within section 123(2) of the Insolvency Act 1986 when the amount of its liabilities, taking into account its contingent and prospective liabilities, exceeded the value of its assets to such an extent that the company had reached the point of no return, and if it continued to use its cash or other assets for current purposes it would amount to a fraud on future or contingent creditors.”

WLR Daily, 8th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen – WLR Daily

Posted March 9th, 2011 in ballots, industrial action, injunctions, law reports, trade unions by sally

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen [2011] EWCA Civ 226; [2011] WLR (D) 72

“Where a trade union proposed to take industrial action there was no obligation on the union for the purpose of section 230(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to explain any more than how the lists and figures of the union membership for the ballot were reached. Therefore, where the employers complained that the ballot records sent to members working in several places of work were not accurate and the union relied on the database records of the union even though there were very minor inaccuracies in them caused by the movement of union members, such errors did not invalidate the strike decision reached by a great majority of the members who voted.”

WLR Daily, 7th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

UK supreme court to rule on stormtrooper copyright – The Guardian

Posted March 9th, 2011 in artistic works, copyright, news, Supreme Court by sally

“This week the justices will be busying themselves with a case consisting of the heady combination of Star Wars, stormtroopers’ protective millinery, clay modelling and international copyright enforcement. These people know how to live.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Odd rulings on equality legislation – Daily Telegraph

Posted March 9th, 2011 in belief discrimination, news by sally

“Equality laws have allowed several unlikely claims against employers on the basis that certain views are similar to religious belief. Here are a few cases which made headlines.”

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Daily Telegraph, 9th March 2011

Source: www.telegraph.co.uk

40 years since the Equal Pay Act, equality remains a dream – The Guardian

Posted March 9th, 2011 in equal pay, news, sex discrimination by sally

“It is four decades since the Equal Pay Act came into force, yet men still earn more than women in nearly 90% of job categories, according to analysis by the Guardian.”

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The Guardian, 8th March 2011

Source: www.guardian.co.uk

College of Law launches part-time BPTC programme – Law Society’s Gazette

Posted March 9th, 2011 in legal education, news by sally

“The College of Law in Birmingham is to offer a part-time Bar Professional Training Course (BPTC) beginning September 2011.”

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Law Society’s Gazette, 7th March 2011

Source: www.lawgazette.co.uk

Miners’ compensation: why did some solicitors take too big a slice of the pie? – The Guardian

Posted March 9th, 2011 in claims management, compensation, fees, miners, news, solicitors by sally

“Despite delivering £4bn for sick miners and their families, exploitation by some solicitors cast a shadow over the profession.”

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The Guardian, 8th March 2011

Source: www.guardian.co.uk

Court of appeal clears bankers to sue Commerzbank over bonuses – The Guardian

Posted March 9th, 2011 in banking, contracts, news, remuneration by sally

“The court of appeal yesterday cleared the way for more than 100 investment bankers to sue Commerzbank over unpaid bonuses in one of the highest profile cases to emerge from the financial crisis.’

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Background: the Employment Equality (Religion or Belief) Regulations 2003 – Daily Telegraph

Posted March 9th, 2011 in belief discrimination, employment, equality, news by sally

“A short guide to the Employment Equality (Religion or Belief) Regulations 2003, which have allowed a man’s views on foxhunting to be placed on a par with religious belief.”

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Daily Telegraph, 9th March 2011

Source: www.telegraph.co.uk

Woman convicted of impersonating a social worker – The Guardian

Posted March 9th, 2011 in impersonation, news, social services by sally

“A woman from Hertfordshire has become the first person to be convicted of pretending to be a qualified social worker, six years after legislation protecting the professional title took effect.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk