Appeal court shows its bottle – summary judgment on patent infringement – Techology Law Update

Posted October 20th, 2014 in appeals, expert witnesses, news, patents by sally

‘It is unusual for a patent infringement case to be decided without a full trial. A judge will normally want to hear evidence from experts to understand what people working in the relevant field would have known at the time when the patent was first filed. Recent examples of this kind of analysis can be found in Virgin v Rovi (discussed here) and Teva v AstraZeneca.’

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Technology Law Update, 20th October 2014

Source: www.technology-law-blog.co.uk

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Let’s take another look at Specsavers v Asda – Technology Law Update

Posted October 20th, 2014 in appeals, EC law, news, trade marks by sally

‘Well-known optical retailer Specsavers uses a logo composed of green overlapping ellipses overlaid with its name ( you can see their branding here). Specsavers had registered as a Community trade mark a black “wordless” version of the linked ellipses. Asda started using branding for its own opticians service that included ellipses that touched but did not overlap, overlaid with the words “ASDA” and “Opticians” in each ellipse. Specsavers sued Asda for trade mark infringement.’

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Technology Law Update, 17th October 2014

Source: www.technology-law-blog.co.uk

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Court refuses to say if killer was allowed to stay in UK – Daily Telegraph

‘Bernard Finlay was found guilty of stabbing a mother of two to death with three kitchen knives and a cleaver in 1997.’

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Daily Telegraph, 18th October 2014

Source: www.telegraph.co.uk

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Building a super-prison for children is a terrible idea – The Guardian

‘he Ministry of Justice’s bizarre plan includes a regime of physical punishment and restraint that would be a recipe for child abuse.’

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The Guardian, 17th October 2014

Source: www.guardian.co.uk

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Martin Foran wins second miscarriage of justice appeal – BBC News

Posted October 17th, 2014 in appeals, miscarriage of justice, news, police, robbery by tracey

‘A terminally-ill man has won a second miscarriage of justice appeal over robberies he was mistakenly convicted of in the 1970s and 80s.’

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BBC News, 17th October 2014

Source: www.bbc.co.uk

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‘Background’ trade marks may be valid even if never used as registered , UK court rules – OUT-LAW.com

Posted October 17th, 2014 in appeals, EC law, news, trade marks by tracey

‘Wordless logo trade marks that are never used in isolation can defeat a legal challenge brought on the basis that they have never been used, a UK court has ruled.’

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OUT-LAW.com, 16th October 2014

Source: www.out-law.com

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Court of Appeal: employer not in breach of duty of care by beginning disciplinary proceedings – OUT-LAW.com

Posted October 17th, 2014 in appeals, disciplinary procedures, duty of care, employment, news, universities by tracey

‘A university did not breach its duty of care towards an employee by beginning disciplinary proceedings against her after what the employee argued was an inadequate investigation, the Court of Appeal in England and Wales has ruled.’

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OUT-LAW.com, 16th October 2014

Source: www.out-law.com

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Regina (Detention Action) v Secretary of State for the Home Department – WLR Daily

Posted October 17th, 2014 in appeals, asylum, detention, immigration, news, time limits by tracey

Regina (Detention Action) v Secretary of State for the Home Department: [2014] EWCA Civ 1270; [2014] WLR (D) 426

‘All those subject to the Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined would now have four clear working days from allocation of a lawyer to substantive interview.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

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Tchenguiz v Director of the Serious Fraud Office and others – WLR DAily

Posted October 17th, 2014 in appeals, civil procedure rules, fraud, law reports, practice directions by tracey

Tchenguiz v Director of the Serious Fraud Office and others: [2014] EWCA Civ 1333; [2014] WLR (D) 427

‘It was very difficult for the Court of Appeal to deal with the dispatch of its business if it was faced with excessively lengthy skeleton arguments. What was required was a careful and concise summary of the points that were intended to be addressed.’

WLR Daily, 13th October 2014

Source: www.iclr.co.uk

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Grayling gives green light for staff to use force against inmates in new jail – The Guardian

‘Chris Grayling is to defy an appeal court judgement and order that staff should be able to use force to restrain teenage inmates for “the purposes of good order and discipline” at his proposed £85m privately run “super-child jail.” The proposed rule for the justice secretary’s 320-place “secure college” comes despite a court of appeal ruling in 2008 which banned the use of force after it was linked to the deaths and injury of several children in custody, including the death of a 14-year-old Gareth Myatt.’

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The Guardian, 16th October 2014

Source: www.guardian.co.uk

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Home Office told to disclose advice behind decision on intercept evidence – The Guardian

‘The Home Office has been ordered to release secret legal advice justifying its decision to prevent intercept evidence being used in criminal trials. The ruling by an information tribunal could shine a light on the way intelligence agencies gather and store material as well as on their relationship with law enforcement organisations. The appeal for the advice to be disclosed was made by the Bingham Centre for the Rule of Law which submitted a Freedom of Information request to uncover the reasoning behind a 2009 report, entitled “Intercept as Evidence”.’

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The Guardian, 16th October 2014

Source: www.guardian.co.uk

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Authors’ concerns after court rules writer can’t publish sex abuse memoir – Daily Telegraph

‘Leading authors have expressed their “grave concern” at a court ruling which has prevented a writer from publishing a book dealing with the sexual abuse he suffered as a child. The author’s ex-wife has obtained a temporary injunction stopping the memoir’s release until the issue has been decided at trial. She argued that reading it would cause their 11 year-old son, who suffers from a number of disabilities, severe psychological harm.’

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Daily Telegraph, 16th October 2014

Source: www.telegraph.co.uk

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Director of Public Prosecutions responds to Supreme Court on assisted suicide policy – Crown Prosecution Service

‘The Director of Public Prosecutions has today clarified the CPS Policy on cases of encouraging or assisting suicide in light of the recent comments of the Supreme Court in the case of Nicklinson and others.’

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Crown Prosecution Service, 16th October 2014

Source: www.cps.gov.uk

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Court of Appeal fires warning over lengthy skeleton arguments – Litigation Futures

Posted October 16th, 2014 in appeals, courts, delay, news by sally

‘Lord Justice Jackson has led the Court of Appeal in issuing a stark warning to advocates over submitting lengthy skeleton arguments, with his fellow judges making it clear that there will be no special treatment of Commercial Court litigation.’

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Litigation Futures, 16th October 2014

Source: www.litigationfutures.com

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To litigate or not to litigate in claims involving wills: practical points for charities – New Square Chambers

Posted October 15th, 2014 in animals, appeals, charities, families, news, wills by sally

My purpose in this article is to highlight the sort of issues facing charities in deciding whether or not to litigate over a legacy, or residuary gift, contained in a Will. In particular, I shall be looking at a number of cases where charities have faced such difficult decisions, some of which they have got wrong.

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New Square Chambers, 2nd October 2014

Source: www.newsquarechambers.co.uk

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The Costs of Complexity: A Practical View from the Bar – Littleton Chambers

Posted October 15th, 2014 in appeals, costs, human rights, news, nuisance, Supreme Court by sally

‘In his monthly column, originally published by PLC, James Bickford Smith considers the Supreme Court’s judgments in Coventry v Lawrence (No 2) [2014] UKSC 46 and Marley v Rawlings [2014] UKSC 51, before commenting briefly on relief from sanctions disputes after Denton v White and other appeals [2014] EWCA Civ 906.’

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Littleton Chambers, 3rd October 2014

Source: www.littletonchambers.com

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Rectification of Wills Following Marley v Rawlings – No. 5 Chambers

Posted October 15th, 2014 in appeals, documents, news, rectification, Supreme Court, wills by sally

‘David Mtichell, member of No5 Chambers Commercial & Chancery Group, recently gave a talk titled ‘Rectification of Wills Following Marley v Rawlings’ at the No5 Estates Seminar held on 25th September.’

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No. 5 Chambers, 15th October 2014

Source: www.no5.com

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Mark Duggan’s family lose attempt to overturn inquest verdict – The Guardian

Posted October 14th, 2014 in appeals, coroners, inquests, jury directions, news, self-defence, unlawful killing by sally

‘The family of Mark Duggan have lost their attempt to overturn an inquest verdict that the police shooting of their loved one was a lawful killing.’

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The Guardian, 14th October 2014

Source: www.guardian.co.uk

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Jackson rules on causing psychological harm by intentional statement – Litigation Futures

Posted October 14th, 2014 in appeals, children, injunctions, judges, news, psychiatric damage by sally

‘Lord Justice Jackson has joined two other Court of Appeal judges in ruling that publication of a book detailing a father’s sexual abuse at school could amount to deliberately causing psychological harm to his son under the principles set out in an “obscure tort”.’

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Litigation Futures, 14th October 2014

Source: www.litigationfutures.com

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The Supreme Court and the Rule of Law – Speech by Lord Neuberger

The Supreme Court and the Rule of Law (PDF)

Lord Neuberger

The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014

Source: www.supremecourt.uk

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