BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Carrie v Tolkien [2009] EWHC 29 (QB) (15 January 2009)
Source: www.bailii.org
Month: January 2009
Silberquelle GmbH v Maselli-Strickmode GmbH – WLR Daily
Silberquelle GmbH v Maselli-Strickmode GmbH (Case C-495/07); WLR(D) 6
“Where the proprietor of a trade mark affixed the mark to items that it gave free of charge to purchasers of its goods, it did not make genuine use of the mark so far as those items were concerned, for the purpose of, inter alia, art 12(1) of Directive 89/104.”
WLR Daily, 16th January 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Recent Statutory Instruments – OPSI
The Wireless Telegraphy (Register) (Amendment) Regulations 2009
The Wireless Telegraphy (Crown Recognised Spectrum Access) Regulations 2009
The Wireless Telegraphy (Recognised Spectrum Access and Licence) (Spectrum Trading) Regulations 2009
The Income Tax Act 2007 (Amendment) Order 2009
The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2008
Source: www.opsi.gov.uk
Corporate Plan 2009-2011 – Ministry of Justice
“The Corporate Plan sets out our objectives and priorities for the next two years, and the way in which we will deliver them. Our plan demonstrates how the department will meet its purpose of creating a safe, just and democratic society.”
Ministry of Justice, 19th January 2009
Source: www.justice.gov.uk
Government’s new bill shakes up the route to citizenship – UK Border Agency
“A bill to make newcomers to the UK earn the right to stay here, strengthen the border, and ensure we have a firm but fair immigration system was published in Parliament today.”
UK Border Agency, 15th January 2009
Source: www.ukba.homeoffice.gov.uk
Regina (British Medical Association) v General Medical Council – Times Law Reports
Regina (British Medical Association) v General Medical Council
Queen’s Bench Division
“There could be no legitimate expectation that a policy would be continued once it it had become known that it was unlawful.”
The Times, 19th January 2009
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.
Bar Council expresses concerns over plans to reform the law relating to Inquests – The Bar Council
“The Bar Council has today voiced concerns over proposals to reform the law relating to inquests, recently announced by the Ministry of Justice. The plans are contained in the Coroners and Justice Bill 2009, published on Wednesday.”
The Bar Council, 16th January 2009
Source: www.barcouncil.org.uk
Footballers win exemption from English tests – The Independent
“Foreign footballers have been given a special exemption from rules requiring them to learn English which apply to other workers from overseas, it was revealed today.”
The Independent, 19th January 2009
Source: www.independent.co.uk
Murder law changes will make little difference, say lawyers – The Guardian
“New laws preventing people accused of murder from using sexual jealousy, so-called ‘honour’ killing and revenge as partial defences will make little difference in practice, lawyers say.”
The Guardian, 19th January 2009
Source: www.guardian.co.uk
NSPCC reveals 53 children are sexually abused every day – The Guardian
“The scale of child abuse in England and Wales was revealed today when figures showed that 53 children a day are subjected to sex crimes.”
The Guardian, 19th January 2009
Source: www.guardian.co.uk
Couple taken to court for pruning ‘dangerous’ trees – Daily Telegraph
“An elderly couple were taken to court by their local council for pruning trees behind their home.”
Daily Telegraph, 19th January 2009
Source: www.telegraph.co.uk
Almost a third of suspected crimes fail to reach court, Jacqui Smith admits – Daily Telegraph
“Jacqui Smith, the Home Secretary, told MPs at a select committee hearing that out of 550,000 cases leading to arrests last year, 160,000 were dropped.”
Daily Telegraph, 18th January 2009
Source: www.telegraph.co.uk
Court challenge to NICE over osteoporosis treatment – The Times
“The medicine regulator faces a legal challenge this week over its ruling that thousands of women with thinning bones should be denied effective treatment on the NHS.”
The Times, 19th Janaury 2009
Source: www.timesonline.co.uk
MoD investigates race hate on web – The Guardian
“The Ministry of Defence launched a fresh inquiry into racism in the army last night after the Guardian uncovered a series of extreme and offensive comments on the social networking site Facebook.”
The Guardian, 19th January 2009
Source: www.guardian.co.uk
NHS starts inquiry into deaths of patients with learning difficulties – The Guardian
“An official investigation is to examine why people with serious learning difficulties have died while under NHS care, after alleged neglect led to at least six fatalities, ministers will reveal today.
The Guardian, 19th January 2009
Source: www.guardian.co.uk
Foreign advert ban puts British workers first – The Times
“Employers will be prevented from advertising jobs overseas under plans being drawn up to ensure that British workers fill vacancies during the recession.”
The Times, 19th January 2009
Source: www.timesonline.co.uk
MI6 informant Wang Yam found guilty of killing millionaire author to steal his identity – The Times
“A leading Chinese dissident who worked as an MI6 informant was convicted yesterday of murdering a millionaire author to steal his identity.”
The Times, 17th January 2009
Source: www.timesonline.co.uk
Man jailed for stealing pages from rare book – The Independent
“A businessman was jailed for two years today after admitting stealing pages from rare and priceless books at two historic libraries.”
The Independent, 16th January 2009
Source: www.independent.co.uk
Just 62 people prosecuted under the hunting ban in 2007 – Daily Telegraph
“Supporters of hunting say the figures show that the Hunting Act has failed amid evidence that interest in the pastime is at levels not seen since the ban was introduced in February 2005.”
Daily Telegraph, 16th January 2009
Source: www.telegraph.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Khan & Ors, R v [2009] EWCA Crim 2 (16 January 2009)
Saw & Ors, R v [2009] EWCA Crim 1 (16 January 2009)
Court of Appeal (Civil Division)
Orchard (Developments) Holdings Plc v Reuters Ltd [2009] EWCA Civ 6 (16 January 2009)
VW (Uganda) v Secretary of State for the Home Department [2009] EWCA Civ 5 (16 January 2009)
High Court (Chancery Division)
Revenue & Customs v Livewire Telecom Ltd [2009] EWHC 15 (Ch) (16 January 2009)
High Court (Technology and Construction Court)
Quartzelec Ltd v Honeywell Control Systems Ltd [2008] EWHC 3315 (TCC) (5 December 2008)
Source: www.bailii.org
