Trade Marks – Industrial Cleaning Equipment (Southampton) Ltd. v Intelligent Cleaning Equipment Holdings Co. Ltd. and another – NIPC Law

Posted January 9th, 2024 in brexit, EC law, limitations, news, precedent, trade marks by tracey

‘This was an appeal by Intelligent Cleaning Equipment Holdings Co Ltd. (“Intelligent”) and Killis Ltd. (“Killis”) against the order of Her Honour Judge Melissa Clarke of 23 March 2023 granting Industrial Cleaning Equipment (Southampton) Ltd. (“Industrial”) relief against Intelligent and Killis from trade mark infringement and dismissing their counterclaim for the reasons set out in her judgment in Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd [2023] EWHC 411 (IPEC) (27 Feb 2023).’

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NIPC Law, 4th January 2024

Source: nipclaw.blogspot.com

Canada Square Operations Ltd v Potter [2023] UKSC 41 – New Square Chambers

‘In 2006 Mrs Potter entered into a credit agreement (under the Consumer Credit Act 1974) with Canada Square. She borrowed c.£21K, being a loan of £17K and a PPI premium of £4K (arranged for her by Canada Square). c.£200 was paid to the insurer, with 95% of the premium going to Canada Square, who did not tell Mrs Potter about the commission.’

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New Square Chambers, 16th November 2023

Source: www.newsquarechambers.co.uk

Alerter by Thomas Samuels & Thomas Mallon – Canada Square Operations v Potter [2023] UKSC 41 – Henderson Chambers

Posted December 20th, 2023 in appeals, chambers articles, compensation, disclosure, limitations, loans, news, time limits by sally

‘In upholding the Court of Appeal’s outcome, the Supreme Court has fundamentally reformulated the approach to s.32 of the Limitation Act 1980.’

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Henderson Chambers, 17th November 2023

Source: www.hendersonchambers.co.uk

Deliberating about deliberate concealment and recklessness – Hailsham Chambers

Posted December 20th, 2023 in appeals, chambers articles, disclosure, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41 is a major landmark, which should be welcomed for its restoration of reasonable simplicity to what had become an unduly complex subject. In doing so, it has established that in a limitation context, “deliberate” means “deliberate” and does not mean “reckless”.’

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Hailsham Chambers, 16th November 2023

Source: www.hailshamchambers.com

Multi-million-pound defective design claim out of time – Mills & Reeve

Posted December 12th, 2023 in construction industry, contracts, limitations, news by sally

‘Here’s our guide to scope of duty and limitation in a wide-ranging judgment handed down by the Technology and Construction Court. The decision in Lendlease Construction (Europe) Limited v Aecom Limited [2023] EWHC 2620 (TCC) provides a helpful review of these issues in the context of construction projects.’

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Mills & Reeve, 12th December 2023

Source: www.mills-reeve.com

Prince Harry wins latest stage in case against Mail publisher – BBC News

Posted November 13th, 2023 in interception, limitations, news, privacy, royal family, telecommunications by tracey

‘The Duke of Sussex can go ahead with claims against Associated Newspapers of unlawfully obtaining information, as a court ruling opens the way for a trial.’

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BBC News, 11th November 2023

Source: www.bbc.co.uk

Alerter by George Mallet & William Moody – Supreme Court Judgment on unfair relationships and PPI claims: Smith v RBS [2023] UKSC 34 – Henderson Chambers

‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’

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Henderson Chambers, 5th October 2023

Source: www.hendersonchambers.co.uk

Applicability of Section 33 Limitation Act 1980 to claims brought pursuant to the Fatal Accidents Act 1976 – Old Square Chambers

Posted October 19th, 2023 in cancer, chambers articles, limitations, news, personal injuries by sally

‘In the case of Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) Master Cook considered the limitation period as a preliminary issue. In doing so, Master Cook considered whether a claimant could utilise Section 33 of the Limitation Act in Fatal Accident Act claims where limitation expired prior to the deceased’s death.’

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Old Square Chambers, 25th September 2023

Source: oldsquare.co.uk

Experts hit out at 20-page limit on reports in intermediate track – Legal Futures

Posted September 29th, 2023 in civil procedure rules, costs, expert witnesses, limitations, news by tracey

‘Expert witnesses have made a last-minute call to scrap the rule in the new intermediate track for civil claims that limits their reports to 20 pages.’

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Legal Futures, 29th September 2023

Source: www.legalfutures.co.uk

Limitation periods in international arbitration – OUT-LAW.com

Posted August 31st, 2023 in arbitration, enforcement, limitations, news, treaties by tracey

‘Parties to international arbitration should pay close attention to the applicable limitation periods, particularly where the project involves a potential mix of applicable sources of law.’

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OUT-LAW.com, 31st August 2023

Source: www.pinsentmasons.com

Supreme Court spells out the limitations of nuisance – 4KBW

‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’

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4KBW, 13th July 2023

Source: www.4kbw.co.uk

Umbrella Interchange Fee Proceedings – Blackstone Chambers

Posted August 4th, 2023 in appeals, brexit, chambers articles, competition, EC law, fees, limitations, news, time limits by sally

‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’

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Blackstone Chambers, 28th July 2023

Source: www.blackstonechambers.com

UK Supreme Court limits application of the public sector equality duty overseas – EIN Blog

Posted July 19th, 2023 in appeals, asylum, equality, limitations, news, refugees, Supreme Court by tracey

‘The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers.’

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EIN Blog, 18th July 2023

Source: www.ein.org.uk

Ruling confirms Building Safety Act’s impact on retrospective defect claims – OUT-LAW.com

‘A new ruling has highlighted how claims concerning building defects that would otherwise be time-barred can still be raised under the 2022 Building Safety Act, an expert has said.’

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OUT-LAW.com, 14th July 2023

Source: www.pinsentmasons.com

Interest on costs due on date of original £38m order, judge finds – Law Society’s Gazette

Posted July 3rd, 2023 in costs, interest, limitations, news, time limits by tracey

‘Interest on a £38 million costs order is due on the date of the original order and accrues from day to day thereafter, a judge has ruled followign a 10-year legal battle. The Honourable Mrs Justice Dias described the application before her in Deutsche Bank AG v Sebastian Holdings Inc as raising “a short but interesting point of statutory construction on which there is surprisingly no direct authority.”’

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Law Society's Gazette, 30th June 2023

Source: www.lawgazette.co.uk

Dispute escalation clauses: lessons from the Court of Appeal – Local Government Lawyer

‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

High Court dismisses negligence claim over failed group action – Legal Futures

‘The High Court has struck out a negligence claim against the law firm and eight barristers who acted on a failed group action on behalf of more than 40,000 Kenyans against the Foreign Office.’

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Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

New Judgment: Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 – UKSC Blog

Posted May 11th, 2023 in limitations, news, nuisance, shipping law, Supreme Court by sally

‘This appeal concerns the tort of private nuisance (a civil wrong) in the context of a major oil spill. The question at issue is whether there is a continuing private nuisance and hence a continuing cause of action. This is an important question because it affects when the limitation period for the bringing of claims (which in English law for torts is normally six years) starts to run.’

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UKSC Blog, 10th May 2023

Source: ukscblog.com

Crucial hearing in Mastercard litigation begins – Law Society’s Gazette

‘The Competition Appeal Tribunal is set to hear arguments today on a complex EU law issue worth billions of pounds in proceedings against credit card providers, Mastercard and Visa.’

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Law Society's Gazette, 24th April 2023

Source: www.lawgazette.co.uk

No case for extending bereavement damages, says minister – Law Society’s Gazette

Posted April 21st, 2023 in bereavement, damages, families, limitations, Ministry of Justice, news by tracey

‘The Ministry of Justice has rejected broadening eligibility for bereavement damages despite accusations the current limits are outdated and unfair.’

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Law Society's Gazette, 20th April 2023

Source: www.lawgazette.co.uk