Principle that profiteering from illegal acts should be prevented does not apply to patent infringements, rules Supreme Court – OUT-LAW.com

Posted October 30th, 2014 in appeals, damages, injunctions, medicines, news, patents, proceeds of crime, Supreme Court by sally

‘A legal principle designed to prevent businesses from profiteering from illegal acts does not apply if that profiteering would stem from infringing patent rights, the UK Supreme Court has ruled.’

Full story

OUT-LAW.com, 30th October 2014

Source: www.out-law.com

Comments Off

Sunrise Brokers LLP v Rodgers – WLR Daily

Posted October 28th, 2014 in appeals, competition, contract of employment, employment, injunctions, law reports by sally

Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373; [2014] WLR (D) 442

‘In considering whether to grant injunctive relief preventing an employee from working for another employer it was critical whether the grant of such relief would be tantamount to compelling the employee to return to work; and the question whether an employee in such a case who refused to return to work was entitled to continuing emoluments was an issue that essentially turned on the facts of the case. There was no rule requiring the employer to give some form of undertaking as to remuneration which went beyond the employer’s obligations under the contract, in order that the employer should be entitled to obtain an injunction.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

Comments Off

‘People think that’s what Asians are doing’, says man banned from approaching girls – Daily Telegraph

Posted October 28th, 2014 in children, injunctions, news, sexual grooming, social services by sally

‘A High Court judge bans a group of men from approaching any girl under 18 with whom they are not personally associated after a vulnerable teenager is found in a hotel room.’

Full story

Daily Telegraph, 28th October 2014

Source: www.telegraph.co.uk

Comments Off

Internet service providers must help crack down on fake goods, high court rules – The Guardian

Posted October 21st, 2014 in costs, counterfeiting, injunctions, internet, news, trade marks by sally

‘A landmark British test case has opened the gates for brand owners to compel internet service providers (ISPs) to police trademark infringement at scale, in addition to their already controversial role in copyright enforcement.’

Full story

The Guardian, 20th October 2014

Source: www.guardian.co.uk

Comments Off

New dog laws: What pet owners need to know from today – Daily Telegraph

Posted October 20th, 2014 in complaints, dogs, fines, injunctions, local government, news, police, prosecutions by sally

‘A breakdown of the new legal powers police have to help prevent dog attacks.’

Full story

Daily Telegraph,

Source: www.telegraph.co.uk

Comments Off

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.’

Full story

Daily Telegraph, 16th October 2014

Source: www.telegraph.co.uk

Comments Off

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”.’

Full story

Litigation Futures, 14th October 2014

Source: www.litigationfutures.com

Comments Off

Fathers 4 Justice couple lose injunction claim – The Independent

Posted October 13th, 2014 in appeals, costs, evidence, harassment, injunctions, news by sally

‘The couple behind the pressure group Fathers4Justice who claimed a former lobbyist was harassing them have had an application for an injunction against him dismissed due to “a total absence of evidence”.’

Full story

The Independent, 10th October 2014

Source: www.independent.co.uk

Comments Off

Court lifts £1.6m freezing order against City solicitor – Law Society’s Gazette

Posted October 10th, 2014 in fiduciary duty, fraud, freezing injunctions, news, solicitors by sally

‘The High Court has lifted a £1.6m freezing order against a solicitor after declaring that it was based ‘on the flimsiest foundations’.’

Full story

Law Society’s Gazette, 9th October 2014

Source: www.lawgazette.co.uk

Comments Off

When does a righteous campaign shade into harassment? – UK Human Rights Blog

Posted October 1st, 2014 in freedom of expression, harassment, human rights, injunctions, news by tracey

‘Merlin Entertainments LPC, Chessington World of Adventures Operations and others v Peter Cave [2014] EWHC 3036 (QB) 25 September 2014. This case explores the extent to which a campaign of criticism, conducted by internet and email, can merit restraint by the civil courts. As the judge says, whatever the aims of the campaign in question, its supporters may, in the course of their activities, annoy, irritate, and upset companies and individuals. But should the courts interfere, before the question whether the campaign is justified has been decided? And to what extent is such a campaign a criminal offence?’

Full story

UK Human Rights Blog, 30th September 2014

Source: www.ukhumanrightsblog.com

Comments Off

Law firm wins injunction against former client over online harassment – Legal Futures

Posted September 29th, 2014 in defamation, freedom of expression, harassment, injunctions, internet, law firms, news by tracey

‘A law firm has won an injunction against a former client who set up websites about the firm with its name in the URL, after the High Court deemed his actions to be harassment.’

Full story

Legal Futures, 29th September 2014

Source: www.legalfutures.co.uk

Comments Off

Cartier launches legal attempt to block websites selling counterfeit goods – The Guardian

Posted September 26th, 2014 in counterfeiting, electronic commerce, injunctions, internet, news, trade marks by tracey

‘Cartier International, the luxury watch and jewellery company, is attempting to block websites allegedly selling counterfeit goods in a test case that could have far-reaching consequences for the internet. Lawyers for the Paris-based company launched their claim at the high court in London on Thursday. It is believed to be the first time online service providers have been asked to close down websites on the grounds that they feature pirated trademark logos.’

Full story

The Guardian, 25th September 2014

Source: www.guardian.co.uk

Comments Off

Former Times lawyer loses appeal against SDT – Law Society’s Gazette

‘A former legal director of Times Newspapers Ltd was guilty of “recklessly” rather than “knowingly” misleading the court in relation to litigation over revelations about the “NightJack” blogger, the High Court has ruled.’

Full story

Law Society’s Gazette, 12th September 2014

Source: www.lawgazette.co.uk

Comments Off

Judge tells masseuse to stop harassing Russell Brand and Jemima Khan – The Guardian

Posted September 12th, 2014 in assault, harassment, injunctions, news by tracey

‘Celebrity couple win court order in ongoing dispute with Szilvia Berki, which they say has caused considerable distress.’

Full story

The Guardian, 11th September 2014

Source: www.guardian.co.uk

Comments Off

High Court: making defendant pay 10% more for rejecting part 36 offer would add “penal element” – Litigation Futures

Posted August 13th, 2014 in civil procedure rules, costs, injunctions, news, part 36 offers, penalties by sally

‘A High Court judge has ruled that making a defendant who rejected a part 36 offer pay an additional 10% of the sum awarded for costs would introduce a “penal element” and be unjust.’

Full story

Litigation Futures, 13th August 2014

Source: www.litigationfutures.com

Comments Off

M v Times Newspapers Ltd and others – WLR Daily

M v Times Newspapers Ltd and others [2014] EWCA Civ 1132; [2014] WLR (D) 371

‘The decision of a court to allow publication of a report which might lead to the identification of a person who had been arrested but not charged with any offence and was not a party to criminal proceedings would not be interfered with unless the court, in carrying out the evaluative exercise of balancing the competing public interest of freedom of expression in a report of court proceedings against the person’s right to private and family life, had erred in principle or reached a conclusion which was plainly wrong.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

Comments Off

Appeal court backs publication of arrest names – Law Society’s Gazette

‘A man arrested but never charged over sexual offences has failed to persuade the Court of Appeal that newspapers should be barred from identifying him.’

Full story

Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

Comments Off

Supreme Court calls time on Greek yoghurt food fight – The Lawyer

Posted July 31st, 2014 in appeals, costs, food, injunctions, intellectual property, news, Supreme Court by michael

‘The Supreme Court has sided with the makers of Total yoghurt, Fage, in refusing US rival Chobani permission to appeal the definition of Greek yoghurt.’

Full story

The Lawyer, 30th July 2014

Source: www.thelawyer.com

Comments Off

Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)

Supreme Court, 23rd July 2014

Source: www.youtube.com/user/UKSupremeCourt

Comments Off

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others – WLR Daily

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others: [2014] EWHC 2451 (Ch); [2014] WLR (D) 334

‘If a consent order affected orders made by a judge it was advisable at first instance that any applications in respect of such an order should be made to a judge rather than a master. The court retained a general discretion whether before or after the parties had seen a draft judgment to continue to deliver a judgment where it was appropriate so to do. Even if the parties had effectively put an end to the dispute between themselves, that in itself could not stop the court from raising matters which concerned it.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

Comments Off