R (on the application of Sturnham) No 2 (Appellant) v The Parole Board of England and Wales and another (Respondents) – Supreme Court
Supreme Court, 3rd July 2013
Month: July 2013
Can you spot the difference? New research published on the impact of lookalike products – Technology Law Update
“We are continually hearing about the inherent value of a brand. A well established brand helps customers identify the product they’re buying and can reassure them about the quality they can expect. It is therefore no surprise that other companies often try to piggyback off well established brands in order to sell their similar product.”
Technology Law Update, 5th July 2013
Source: www.technology-law-blog.co.uk
Trade Mark Infringement and Passing off: British Sky Broadcasting Group Plc v Microsoft Corporation – NIPC Law
“In British Sky Broadcasting Group Plc and Others v Microsoft Corporation Microsoft and another [2013] EWHC 1826 (Ch), Sky (that is to say British Sky Broadcasting Group plc, Sky IP International Limited, British Sky Broadcasting Limited and Sky International AG) sued Microsoft (Microsoft Corporation and Microsoft Luxembourg Sarl) for infringement of its British and Community trade marks and passing off while Microsoft counterclaimed for declarations of invalidity of Sky’s trade marks on grounds of descriptiveness and impermissible amendment.”
NIPC Law, 7th July 2013
Source: www.nipclaw.blogspot.co.uk
McFail – NearlyLegal
“This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and occupiers of private land. Despite Sir Alan Ward’s opening, the case falls short of being that, as we shall see.”
NearlyLegal, 7th July 2013
Source: www.nearlylegal.co.uk
Cost of practising as a solicitor to rise sharply – Legal Futures
“The cost of practising as a solicitor is set to rise at a rate of more than four times inflation, if the Law Society’s council approves figures that will be put before it later this week.”
Legal Futures, 8th July 2013
Source: www.legalfutures.co.uk
E-cigarettes: Is a smoking alternative being choked by regulation? – BBC News
“Dozens of countries are introducing legislation restricting the use of electronic cigarettes, but their proponents say they are harmless and their use could in fact save millions of lives. Could they be right?”
BBC News, 6th July 2013
Source: www.bbc.co.uk
Call for inquiry into deaths of four men at psychiatric hospital – The Guardian
“A public inquiry has been demanded into the use of anti-psychotic drugs after an investigation revealed that side-effects from such medication probably played a part in the deaths, in quick succession, of four men on one hospital ward.”
The Guardian, 7th July 2013
Source: www.guardian.co.uk
North Wales care abuse: Jillings report published after 17 years – BBC News
“A report written 17 years ago into claims of abuse at children’s homes in north Wales in the 1970s and 1980s has been published.”
BBC News, 8th July 2013
Source: www.bbc.co.uk
Crackdown on perks for young offenders – Daily Telegraph
“Young offenders face being stripped of perks such as video games consoles in a crackdown on the ‘ludicrous’ soft regime in the youth custody system being planned by the Justice Secretary.”
Daily Telegraph, 7th July 2013
Source: www.telegraph.co.uk
The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.
As Abu Qatada leaves, Theresa May vows to change human rights law – The Guardian
“Chris Grayling, the justice secretary, celebrated the successful deportation of Abu Qatada to Jordan on Sunday by saying the long-running saga meant there would have to be ‘wholesale changes’ in Britain’s human rights laws.”
The Guardian, 7th July 2013
Source: www.guardian.co.uk
Anti-Semitic teacher loses tribunal claim that his views are a legitimate ‘philosophical belief’ – The Independent
“A primary school teacher sacked after allegations of anti-Semitic abuse has lost his attempt to argue that his views were a ‘philosophical belief’ covered under the Equality Act.”
The Independent, 5th July 2013
Source: www.independent.co.uk
UK visa rule challenge rejected by High Court – BBC News
“UK family immigration rules are not discriminatory and do not infringe human
rights, the High Court has ruled.”
BBC News, 5th July 2013
Source: www.bbc.co.uk
Monty Python loses Spamalot royalties battle – Daily Telegraph
“The stars of Monty Python face paying out an estimated £200,000 to a former colleague after a judge ruled he should receive a share of the royalties for the musical comedy Spamalot.”
Daily Telegraph, 5th July 2013
Source: www.telegraph.co.uk
The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.
Azelle Rodney death: ‘No justification’ for police shooting – BBC News
“Police had no lawful justification for shooting dead a 24-year-old man in north London eight years ago, an inquiry has found.”
BBC news, 5th July 2013
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
JSC BTA Bank v Ereshchenko [2013] EWCA Civ 1961 (04 July 2013)
Menelaou v Bank of Cyprus UK Ltd [2013] EWCA Civ 814 (04 July 2013)
High Court (Administrative Court)
Polomski v Westminster Magistrates’ Court [2013] EWHC 1893 (Admin) (04 July 2013)
Source: www.bailii.org
Menelaou v Bank of Cyprus UK Ltd – WLR Daily
Menelaou v Bank of Cyprus UK Ltd: [2013] EWCA Civ 1960; [2013] WLR (D) 266
“A bank which had released its charges over property in exchange for a new charge over property purchased from the proceeds of sale of the other property was entitled by subrogation to an unpaid vendor’s lien on the new property.”
WLR Daily, 2nd July 2013
Source: www.iclr.co.uk
Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) – WLR Daily
“Where judgment was given in an English court that a patent, whether English or European, was valid and infringed, and the patent was subsequently retrospectively revoked or amended, whether in England or at the European Patent Office, the defendant was entitled to rely on the fact of the revocation or amendment on an inquiry as to damages in respect of the unamended patent.”
WLR Daily, 3rd July 2013
Source: www.iclr.co.uk
Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening) – WLR Daily
“The hypothesis of the second limb of the ‘in the same employment’ test in section 1(6) of the Equal Pay Act 1970 was that the chosen male comparators were to be transferred to do their present jobs in the location where the women claimants worked, while there was no requirement of any real possibility that such a transfer would occur. The question to be answered was whether in the event of such a transfer, however unlikely, the comparators would remain employed on the same or broadly similar terms and conditions to those applicable in their current place of work.”
WLR Daily, 26th June 2013
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The National Health Service (Direct Payments) Regulations 2013
The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2013
The European Communities (Lawyer’s Practice and Services of Lawyers) (Amendment) Regulations 2013
The National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013
The Elections (Fresh Signatures for Absent Voters) Regulations 2013
The Coroners (Investigations) Regulations 2013
The Coroners and Justice Act 2009 (Commencement No. 14) Order 2013
The Land Registration (Proper Office) Order 2013
The Coroners and Justice Act 2009 (Alteration of Coroner Areas) Order 2013
The Coroners (Inquests) Rules 2013
The Coroners Allowances, Fees and Expenses Regulations 2013
The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2013
Source: www.legislation.gov.uk
