Intel ruling restricts legal protection for famous brands – The Times

Posted November 27th, 2008 in brand names, trade marks by sally

“Companies will find it harder to protect well-known brands from being exploited by other businesses following a landmark ruling by Europe’s highest court today.”

Full story

The Times, 27th November 2008

Source: www.timesonline.co.uk

Access to the Bar Day – Ministry of Justice

Posted November 27th, 2008 in barristers, news by sally

“Justice Minister Bridget Prentice has given a speech at the Access to the Bar conference organised by the Bar Council.”

Full story

Ministry of Justice, 27th November 2008

Source: www.justice.gov.uk

BAILII: Recent Decisions

Posted November 27th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Small v R [2008] EWCA Crim 2788 (26 November 2008)

Murray v R [2008] EWCA Crim 2787 (26 November 2008)

Court of Appeal (Civil Division)

Peer International Corp & Ors v Editora Musical De Cuba [2008] EWCA Civ 1260 (26 November 2008)

St Ivel Ltd & Anor. v Wincanton Group Ltd [2008] EWCA Civ 1286 (26 November 2008)

Pratt v Aigaion Insurance Company SA [2008] EWCA Civ 1314 (27 November 2008)

Kaczmarek v Secretary of State for Work & Pensions [2008] EWCA Civ 1310 (27 November 2008)

M (Children), Re [2008] EWCA Civ 1261 (19 November 2008)

High Court (Chancery Division)

Bailey v Dargue [2008] EWHC 2903 (Ch) (04 November 2008)

Test Claimants In the FII Group Litigation v HM Revenue & Customs [2008] EWHC 2893 (Ch) (27 November 2008)

High Court (Administrative Court)

Louca v Public Prosecutor In Bielefel, Germany [2008] EWHC 2907 (Admin) (27 November 2008)

High Court (Commercial Court)

Sheffield United Football Club Ltd v West Ham United Football Club Plc [2008] EWHC 2855 (Comm) (26 November 2008)

Van Der Giessen-De-Noord Shipbuiilding Division BV v Imtech Marine & Offshore BV [2008] EWHC 2904 (Comm) (26 November 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted November 27th, 2008 in legislation by sally

The Immigration and Nationality (Fees) (Amendment No. 3) Regulations 2008

The Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2008

The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008

The Gambling Act 2005 (Variation of Monetary Limit) Order 2008

The Gambling Act 2005 (Gaming Machines in Bingo Premises) Order 2008

The Bradford (Parish Electoral Arrangements) Order 2007 (PDF)

The Castle Point (Parish Electoral Arrangements) Order 2007 (PDF)

The Cotswold (Electoral Changes) Order 2007 (PDF)

The Bromsgrove (Parish Electoral Arrangements) Order 2007 (PDF)

The Burnley (Parish Electoral Arrangements) Order 2007 (PDF)

The Council of the City of Wakefield (Wakefield Waterfront Hepworth Gallery Footbridge) Scheme 2008 Confirmation Instrument 2008

The Crime (International Co-operation) Act 2003 (Commencement No. 4) Order 2008

The Mutual Recognition of Driving Disqualifications (Great Britain and Ireland) Regulations 2008

The Allocation of Housing (England)(Amendment)(Family Intervention Tenancies) Regulations 2008

The North Yorkshire County Council (School Meals) Order 2008

The Local Government (Structural Changes) (Finance) Regulations 2008

The Local Government (Structural Changes) (Finance) Regulations 2008

The Plant Health (Wales) (Amendment) (No. 2) Order 2008

The Non-Domestic Rating Contributions (Wales) (Amendment) (No. 2) Regulations 2008

The Value Added Tax (Change of Rate) Order 2008

The Value Added Tax (Amendment) (No 2) Regulations 2008

Source: www.opsi.gov.uk

Truancy: Number of parents jailed trebles – The Guardian

Posted November 27th, 2008 in news, parental responsibility, sentencing, truancy by sally

“The number of parents jailed for failing to stop their children playing truant has trebled in the past five years, government figures show.”

Full story

The Guardian, 27th November 2008

Source: www.guardian.co.uk

Regina v Whittle; Regina v Allison; Regina v Brammar – Times Law Reports

Posted November 27th, 2008 in law reports, plea bargaining, price fixing, sentencing by sally

Regina v Whittle; Regina v Allison; Regina v Brammar

Court of Appeal (Criminal Division)

“Minimum sentences agreed by United Kingdom employees admitting cartel offences in a plea agreement with the United States authorities and substituted on appeal were not to be treated as guidelines.”

The Times, 27th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Kay) v Commissioner of Police of the Metropolis – Times Law Reports

Posted November 27th, 2008 in law reports, police, public order by sally

Regina (Kay) v Commissioner of Police of the Metropolis

House of Lords

“Since a procession could be commonly or customarily held even though on each occasion it took a different route, a monthly mass cycle ride through London which set off from a fixed starting place but the route of which was determined by whoever happened to be at the front at any one time was such a procession so as to be excluded from the statutory requirement for organisers of public processions to give the police prior notice of the event.”

The Times, 27th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Energy Act 2008

Posted November 27th, 2008 in energy, legislation by sally

Energy Act 2008

Full text of Act

Source: www.opsi.gov.uk

Dormant Bank and Building Society Accounts Act 2008

Posted November 27th, 2008 in banking, legislation by sally

Dormant Bank and Building Society Accounts Act 2008 published

Full text of Act

Source: www.opsi.gov.uk

Local Transport Act 2008

Posted November 27th, 2008 in legislation, transport by sally

Local Transport Act 2008 published

Full text of Act

Source: www.opsi.gov.uk

Education and Skills Act 2008

Posted November 27th, 2008 in education, legislation by sally

Education and Skills Act 2008 published

Full text of Act

Source: www.opsi.gov.uk

How the law protects victims and their families from ‘jigsaw’ identification – The Times

Posted November 27th, 2008 in anonymity, news, victims by sally

“The daughters who were raped by their father, and their surviving children, are protected in law from being identified because of the anonymity granted to victims of sexual offences.”

Full story

The Times, 27th November 2008

Source: www.timesonline.co.uk

Agencies face row over ‘unspeakable abuse’ by father who raped and impregnated sisters – The Guardian

Posted November 27th, 2008 in incest, news, rape, social services by sally

“Child protection agencies in Lincolnshire and Sheffield are bracing themselves for damning criticism over the case of a man who raped and impregnated his daughters, as details of ‘unspeakable’ abuse against the two women begin to emerge.”

Full story

The Guardian, 27th November 2008

Source: www.guardian.co.uk

Husband of novelist attacks suicide law which led wife to die ‘lonely death’ – Daily Telegraph

Posted November 27th, 2008 in assisted suicide, news by sally

“The husband of a distinguished novelist told how he was forced to leave his wife of 50 years to die a ‘horrible, lonely death’ because of the ‘idiocy’ of the assisted suicide law.”

Full story

Daily Telegraph, 26th November 2008

Source: www.telegraph.co.uk

Charging suspects – why it’s a job for prosecutors – The Times

Posted November 27th, 2008 in bail, news, prosecutions by sally

“Criminal suspects remain on bail for weeks or even months before being charged because of complex, inefficient and inconsistent charging practices, a new report today concludes. In one exceptional case, the time from arrest to charge was more than a year, at 369 days after arrest, although the average was 41.3 days, and suspects were regularly ‘rebailed’.”

Full story

The Times,27th November 2008

Source: www.timesonline.co.uk

Senior judge condemns hospital for leaving patient to die – Daily Telegraph

Posted November 27th, 2008 in hospitals, news by sally

“One of Britain’s most senior judges has condemed hospital security staff for ‘abandoning’ a dying patient they wrongly dismissed as a drunk.”

Full story

Daily Telegraph, 26th November 2008

Source: www.telegraph.co.uk

Should judges respond to criticism? – The Times

Posted November 27th, 2008 in judiciary, special report by sally

“In 1900, the editor of the Birmingham Daily Argos was fined £100 by the Lord Chief Justice for describing Mr Justice Darling as an ‘impudent little man in horsehair’. The editor avoided a prison sentence for ‘personal scurrilous abuse of a judge’ only because of his abject apology. Today, we rightly take a more tolerant approach to criticism of the judiciary. But the critical comments by Paul Dacre, Editor of the Daily Mail, about the judgments of Mr Justice Eady in privacy cases raise important questions about how judges should respond.”

Full story

The Times, 27th November 2008

Source: www.timesonline.co.uk

There is evidence of a new judicial openness — and not before time – The Times

Posted November 27th, 2008 in judiciary, media, special report by sally

“Judges traditionally have not spoken to news organisations. But there are real signs of a change in the relationship between judges and the media in recent weeks, with judges themselves taking a new approach.”

Full story

The Times, 27th November 2008

Source: www.timesonline.co.uk

Coach driver jailed over Heathrow death crash – The Guardian

Posted November 27th, 2008 in dangerous driving, news, sentencing by sally

“A coach driver who caused a crash near Heathrow which killed three people and injured more than 60 others was jailed yesterday for five years.”

Full story

The Guardian, 27th November 2008

Source: www.guardian.co.uk

Can the law ever control discrimination? – The Times

Posted November 27th, 2008 in equality, special report by sally

“When new laws to combat ageism came into force two years ago, employers predicted a wave of litigation and a bundle of new red tape. But as ministers prepare to bring in further changes to discrimination laws in the shape of a single Equality Bill expected in the Queen’s Speech next week, were those fears justified? How well are the new laws working?”

Full story

The Times, 27th November 2008

Source: www.timesonline.co.uk