26/05/2009 – Current Awareness

Aerotel Ltd v Wavecrest Group Enterprises Ltd and others – WLR Daily

Posted May 26th, 2009 in law reports, patents by sally

Aerotel Ltd v Wavecrest Group Enterprises Ltd and others [2009] EWCA Civ 408; [2009] WLR (D) 171

“A patentee seeking to rely on commercial success as an indicator of non-obviousness in order to rebut an allegation of its patent being obvious over prior art had to establish that the commercial success relied on was due to his invention and not to other market factors. Where a number of other factors might have explained the success, unless he could show they were irrelevant or largely so, he would not have proved what he needed to rebut the allegation. The evidential onus of proof was on him, and the party making the allegation was not required to show that the commercial success was due to other factors.”

WLR Daily, 21st May 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.

Vodafone 2 v Revenue and Customs Commissioners – WLR Daily

Posted May 26th, 2009 in apportionment, corporation tax, EC law, foreign companies, freedom of establishment, law reports by sally

Vodafone 2 v Revenue and Customs Commissioners [2009] EWCA Civ 446; [2009] WLR (D) 170

“It was possible to provide a conforming interpretation of the Income and Corporation Taxes Act 1988 which avoided any unlawful restriction on a taxpayer company’s freedom of establishment, conferred by art 43EC of the EC Treaty, by the introduction of an additional exception to those contained in s 748(1)(a) to (e) and (3) in respect of the apportionment of profits of controlled foreign companies by the additional implication of the words ‘ if [the company] is, in that accounting period, actually established in another member state of the EEA and carries on genuine economic activities there’.”

WLR Daily, 21st May 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.

Mohammadi v Shellpoint Trustees Ltd and another – WLR Daily

Posted May 26th, 2009 in costs, law reports, legal aid, solicitors by sally

Mohammadi v Shellpoint Trustees Ltd and another [2009] EWHC 1098 (Ch); [2009] WLR (D) 169

“When a legally assisted person’s solicitors had ceased to act, without another firm being retained under a legal aid certificate, and that fact had been communicated to the opposing party, then from the moment of that communication the litigant ceased to be a legally assisted person for the purposes of the Legal Aid Act 1988.”

WLR Daily, 21st May 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.

Gresham International Ltd and others v Moonie and others – WLR Daily

Posted May 26th, 2009 in expenses, insolvency, law reports, liquidators, retrospectivity by sally

Gresham International Ltd and others v Moonie and others [2009] EWHC 1093 (Ch); [2009] WLR (D) 168

“The court had power, under its supervisory role of compulsory winding up and bankruptcy, to make orders that would effectively grant retrospective sanction to a liquidator who had issued proceedings in her name without first obtaining the sanction of the liquidation committee or the Secretary of State, as required under section 167 of the Insolvency Act 1986, notwithstanding that the criteria in r 4.184 (ii) of the Insolvency Rules as to the retrospective ratification of a liquidator’s acts had not been met.”

WLR Daily, 21st May 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.

Everitt v Budhram (a bankrupt) and another – WLR Daily

Posted May 26th, 2009 in bankruptcy, law reports, matrimonial home, trustees in bankruptcy by sally

Everitt v Budhram (a bankrupt) and another [2009] WLR (D) 167

“The ‘needs’ of a bankrupt within s 335A(2) of the Insolvency Act 1986 should be given a wide interpretation and could include his financial, medical, emotional and mental needs.”

WLR Daily, 21st May 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.

R (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same – WLR Daily

Posted May 26th, 2009 in asylum, EC law, law reports by sally

R (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same [2009] EWCA Civ 442; [2009] WLR (D) 166

“A person whose asylum claim had been finally determined in country A against him or her and who made a subsequent claim for asylum in country A came within the ambit of Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (‘the Reception Directive’) and was therefore able to enjoy the benefits of art 11(2) of that directive and be afforded conditional access to the labour market.”

WLR Daily, 21st May 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.

Smith v Northamptonshire County Council – WLR Daily

Posted May 26th, 2009 in care workers, disabled persons, health & safety, law reports, strict liability by sally

Smith v Northamptonshire County Council [2009] UKHL 27; [2009] WLR (D) 165

“A care worker who was injured when using a defective wheelchair ramp at a client’s home had not been using equipment ‘used by an employee at work’ so as to make her local authority employer, who was aware of the ramp but did not own it, strictly liable under the Provision and Use of Work Equipment Regulations 1998.”

WLR Daily, 21st May 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.

Roult (by his mother and litigation friend) v North West Strategic Health Authority – WLR Daily

Posted May 26th, 2009 in civil procedure rules, law reports, personal injuries by sally

Roult (by his mother and litigation friend) v North West Strategic Health Authority [2009] EWCA Civ 444; [2009] WLR (D) 164

“There was no power pursuant to CPR r 3.1 in the context of personal injury litigation to vary the terms of a settlement where there had been an unforseen event which destroyed the assumption on which the settlement was made.”

WLR Daily, 21st May 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.

Rank Nemo (DMS) Ltd and others v Coutinho – WLR Daily

Posted May 26th, 2009 in compensation, employment tribunals, law reports, race discrimination, victimisation by sally

Rank Nemo (DMS) Ltd and others v Coutinho [2009] EWCA Civ 454; [2009] WLR (D) 163

“The failure of an employer to pay compensation awarded to an employee for race discrimination, even after such compensation award had been converted into a county court judgment, could amount to victimisation of the employee after termination of his employment, for the purposes of a claim under s 4(2) of the Race Relations Act 1976.”

WLR Daily, 21st May 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.

Odelola v Secretary of State for the Home Department – WLR Daily

Posted May 26th, 2009 in immigration, law reports by sally

Odelola v Secretary of State for the Home Department [2009] UKHL 25; [2009] WLR (D) 162

“The version of the immigration rules which was applicable to the determination of an application for leave to enter or remain in the United Kingdom was the one in force at the time the application came to be determined rather than the one in force when the application was filed, unless the rules themselves specified otherwise.”

WLR Daily, 21st May 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.

McConkey v Simon Community Northern Ireland – WLR Daily

Posted May 26th, 2009 in employment, law reports, Northern Ireland, political opinion discrimination by sally

McConkey v Simon Community Northern Ireland [2009] UKHL 24; [2009] WLR (D) 161

“An employer in Northern Ireland could refuse to employ a person on the ground of that person having supported the use of violence for political ends connected with the affairs of Northern Ireland, even if the person had since repudiated such views.”

WLR Daily, 21st May 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.

McConkey and Another v Simon Community Northern Ireland – Times Law Reports

Posted May 26th, 2009 in employment, law reports, Northern Ireland, political opinion discrimination by sally

McConkey and Another v Simon Community Northern Ireland

House of Lords

“An employer in Northern Ireland could refuse to employ a person on the ground of his having supported the use of violence for political ends connected with the affairs of Northern Ireland even if the job-seeker had since repudiated such views.”

The Times, 26th May 2009

Source: www.timesonline.co.uk

Law Society ‘lost control’ of investigation into top solicitor – The Guardian

Posted May 26th, 2009 in complaints, disciplinary procedures, Law Society, news, solicitors by sally

“The Law Society has been accused of ‘systematic failure’ in its handling of a complaint against a close ally of the attorney general, the Guardian can reveal after a court injunction was lifted last week.”

Full story

The Guardian, 24th May 2009

Source: www.guardian.co.uk

Indeterminate sentences – the legal view – The Guardian

Posted May 26th, 2009 in news, sentencing by sally

“While the sentences passed in the Baby P case attracted swift condemnation from critics who worried the offenders could be freed at a very early stage, statistics show the new indeterminate sentences rarely lead to early release.Since indeterminate sentences were introduced in 2005, fewer than 50 prisoners have been released when they had served their minimum term.”

Full story

The Guardian, 22nd May 2009

Source: www.guardian.co.uk

Record sentences end the tragic saga of Baby Peter – The Independent

Posted May 26th, 2009 in causing death of children or vulnerable adults, child abuse, news, sentencing by sally

“The mother of Baby Peter was branded ‘manipulative and self-centred’ by an Old Bailey judge yesterday who sentenced her to at least five years in prison for the death of her son.”

Full story

The Independent, 23rd May 2009

Source: www.independent.co.uk

Fury as Commons denied DNA vote – The Guardian

Posted May 26th, 2009 in data protection, DNA, news, police by sally

“Jacqui Smith, the home secretary, has been warned that the government risks further damaging the public’s faith in politics after it emerged that plans for the police to keep innocent people’s DNA profiles for up to 12 years will become law without a Commons vote.”

Full story

The Guardian, 24th May 2009

Source: www.guardian.co.uk

Combat ban for female troops to be reviewed – The Independent

Posted May 26th, 2009 in armed forces, news, women by sally

Britain’s female soldiers could soon battle enemy forces in face-to-face combat, if a ban on women serving in the most dangerous warfare roles is lifted for the first time.

Full story

The Independent, 25th May 2009

Source: www.independent.co.uk

Chippendales dance troupe sues rival strippers – Daily Telegraph

Posted May 26th, 2009 in advertising, news, trade names by sally

“Chippendales, the male erotic dance troupe, has begun legal action to stop a rival group from using its name to promote a new British tour.”

Full story

Daily Telegraph, 25th May 2009

Source: www.telegraph.co.uk

Council uses terror law to spy on shirker in shower – The Times

Posted May 26th, 2009 in investigatory powers, local government, news by sally

“A local council has used surveillance powers designed to catch terrorists and prevent serious crime to check how long a member of staff spent in the shower.”

Full story

The Times, 24th May 2009

Source: www.timesonline.co.uk