Ee Turpi Causa and the MIB – Zenith PI Blog

Posted January 21st, 2016 in appeals, crime, ex turpi causa, insurance, news, personal injuries, uninsured drivers by sally

‘Smith appealed against the decision of the MIB not to meet his personal injury claim when it was discovered that the First Defendant was an uninsured driver.’

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Zenith PI Blog, 20th January 2016

Source: www.zenithpi.wordpress.com

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Nestlé loses high court battle to trademark shape of KitKat – The Guardian

Posted January 21st, 2016 in appeals, food, news, trade marks by sally

‘Nestlé has failed in its attempt to trademark the shape of KitKat in the UK, opening the door for rivals to launch copycat products.’

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The Guardian, 20th January 2016

Source: www.guardian.co.uk

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Gordon-Saker: Newspaper’s rights not breached by success fees and ATE recovery – Litigation Futures

‘A newspaper’s right to free expression under article 10 of the European Convention was not breached by being ordered to pay success fees and after-the-event (ATE) insurance premiums, Master Gordon-Saker has ruled.’

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Litigation Futures, 19th January 2016

Source: www.litigationfutures.com

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Court of Appeal : LiPs can benefit from ‘without prejudice’ rule without knowing what it means – Litigation Futures

‘Litigants in person (LiPs) can benefit from the ‘without prejudice’ rule even if they do not know what it means, the Court of Appeal has made clear.’

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Litigation Futures, 19th January 2016

Source: www.litigationfutures.com

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Asset acquisitions and mergers: Eurotunnel in the Supreme Court – Competition Bulletin from Blackstone Chambers

Posted January 19th, 2016 in appeals, competition, mergers, news, Supreme Court, transport by sally

‘The Supreme Court’s recent decision in Eurotunnel II ([2015] UKHL 75) brings some much-needed clarity to what was becoming a rather opaque corner of the UK merger regime. It also contains statements of general principle which are bound to make it one of the most frequently-cited merger cases.’

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Competition Bulletin from Blackstone Chambers, 18th January 2016

Source: www.competitionbulletin.com

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Court of Appeal to rule on interplay between fixed costs and part 36 offers – Litigation Futures

Posted January 19th, 2016 in appeals, civil procedure rules, costs, news, part 36 offers by sally

‘The Court of Appeal is to decide on whether a party who beats a part 36 offer in a case where fixed fees apply is eligible for indemnity costs as well.’

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Litigation Futures, 18th January 2016

Source: www.litigationfutures.com

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ECHR not binding over legal costs appeal, rules judge – Law Society’s Gazette

Posted January 15th, 2016 in appeals, freedom of expression, human rights, media, news by sally

‘A costs judge has rejected an attempt by a newspaper group to avoid legal costs because an order infringed its right to freedom of expression.’

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Law Society’s Gazette, 14th January 2016

Source: www.lawgazette.co.uk

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Regina v R and others – WLR Daily

Posted January 14th, 2016 in appeals, criminal procedure, disclosure, documents, evidence, law reports by sally

Regina v R and others [2015] EWCA Crim 1941; [2015] WLR (D) 552

‘The Court of Appeal (Criminal Division) gave guidance on the proper approach to disclosure of unused material in criminal proceedings where large quantities of documents, in particular electronic documents, were involved, and also on the approach to an abuse of process application where proceedings were delayed because of the disclosure exercise.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

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Amber Services Europe Ltd and others v Director of Border Revenue – WLR Daily

Posted January 14th, 2016 in appeals, customs and excise, forfeiture, law reports by sally

Amber Services Europe Ltd and others v Director of Border Revenue [2015] EWHC 3665 (Admin); [2015] WLR (D) 557

‘A conviction for an offence contrary to section 170B(1) of the Customs and Excise Management Act 1979 was not required in order for goods to be liable to forfeiture under section 170B(2).”

WLR Daily, 16th December 2015

Source: www.iclr.co.uk

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Court of Appeal permits early redemption of Lloyds Banking Group’s Enhanced Capital Notes – Commercial Disputes Blog

Posted January 13th, 2016 in appeals, banking, contracts, financial regulation, interpretation, news, time limits by sally

‘In BNY Mellon Corporate Trustee Services Ltd v LBG Capital No.1 and No. 2 Plc, the Court of Appeal reversed the first instance decision of the High Court, by allowing early redemption of certain convertible securities (known as Enhanced Capital Notes, or ECNs).’

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Commercial Disputes Blog, 4th January 2016

Source: www.rpc.co.uk

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A House Reasonably So Called – Hardwicke Chambers

Posted January 12th, 2016 in appeals, enfranchisement, housing, news by sally

‘Andy Creer looks at the decision in Jewelcraft Ltd v Pressland [2015] EWCA Civ 1111.’

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Hardwicke Chambers, 8th January 2016

Source: www.hardwicke.co.uk

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Finance and Divorce Update January 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015.’

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Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

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Diplomats use Vienna Convention to fight London basement digout – Daily Telegraph

Posted January 11th, 2016 in appeals, diplomats, housing, news, planning, treaties by tracey

‘An argument over an extension plan next door to the French embassy in London has gone global as an unlikely alliance of diplomats has formed, citing the 1961 Vienna Convention, in a bid to kill it off.’

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Daily Telegraph, 9th January 2016

Source: www.telegraph.co.uk

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Traveller Movement condemns Met Police inquiry into racism as ‘a whitewash’ – The Independent

Posted January 11th, 2016 in appeals, complaints, gipsies, inquiries, internet, news, ombudsmen, police, racism by tracey

‘The Metropolitan Police is examining whether its staff need to change the way they engage with members of the two ethnic minority groups, despite its official investigation into the racism claims concluding without any officers being formally disciplined or charged.’

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The Independent, 9th January 2016

Source: www.independent.co.uk

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Taxi driver told to pay more than £9,000 in costs after losing council appeal – Local Government Lawyer

Posted January 8th, 2016 in appeals, complaints, costs, licensing, news, taxis by tracey

‘A taxi driver in Kent has been ordered to pay more than £9,000 in costs after losing an appeal against a council’s decision to suspend his licence.’

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Local Government Lawyer, 6th January 2016

Source: www.localgovernmentlawyer.co.uk

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Court of Appeal: immigration age assessments and Merton – UK Human Rights Blog

‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’

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UK Human Rights Blog, 6th January 2016

Source: www.ukhumanrightsblog.com

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Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538

‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’

WLR Daily, 14th December 2015

Source: www.iclr.co.uk

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Government of the United States of America v Giese – WLR Daily

Posted January 6th, 2016 in appeals, evidence, extradition, jurisdiction, law reports, time limits by sally

Government of the United States of America v Giese [2015] EWHC 3658 (Admin); [2015] WLR (D) 550

‘An issue raised on appeal “that was not raised at the extradition hearing” referred to a new issue that was raised in argument on appeal as a ground for allowing the appeal and which was not the subject of concluded argument below for the purposes of meeting the condition for allowing an appeal set out in section 106(5)(a) of the Extradition Act 2003.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

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Court of Appeal considers EU deportation, public revulsion and “imperative grounds” – Free Movement

‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’

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Free Movement, 6th January 2016

Source: www.freemovement.org.uk

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More lawyers to review ‘unduly lenient’ sentences after complaints soar – The Guardian

Posted January 6th, 2016 in appeals, attorney general, complaints, news, sentencing, statistics by sally

‘More lawyers are to be recruited to a scheme that reviews “unduly lenient” sentences after a sharp rise in the number of complaints about judges’ decisions on jail terms.’

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The Guardian, 6th January 2016

Source: www.guardian.co.uk

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