EVENT: IALS – The Googling Juror: Challenges for the Law of Contempt

Posted February 12th, 2014 in Forthcoming events by sally

‘Speaker: Dr Ian Cram, Professor of Comparative Constitutional Law, Leeds University; IALS Visiting Fellow.’

Date: 13th February 2014, 12.30-1.45pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

Family law in crisis – New Law Journal

‘Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.’

Full story

New Law Journal, 10th February 2014

Source: www.newlawjournal.co.uk

Regina v Avanzi – WLR Daily

Regina v Avanzi [2014] extempore; [2014] WLR (D) 55

‘When at issue, the burden of proving incapacity under the Sexual Offences Act 2003 fell on the party asserting it, namely the Crown, who had to discharge the burden to the criminal standard of proof and make the jury sure the complainant did not have the capacity to consent.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) – WLR Daily

Posted February 12th, 2014 in appeals, EC law, employment tribunals, equality, judicial review, law reports by sally

Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) [2014] EWHC 218 (Admin); [2014] WLR (D) 57

‘The level of fees to be paid under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach European Union principles of effectiveness or equivalence.’

WLR Daily, 7th February 2014

Source: www.iclr.co.uk

Salliss v Hunt – WLR Daily

Salliss v Hunt [2014] EWHC 229(Ch); [2014] WLR (D) 56

‘When considering whether or not to grant an application to annul a bankruptcy order there was no reason in principle why the court should take any account of a debt due to a creditor where the creditor was aware of the bankruptcy but had never submitted a proof and had made an informed commercial decision not to lodge one in the future.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

In re Robson, decd; White v Matthys and others – WLR Daily

Posted February 12th, 2014 in executors, gifts, interpretation, law reports, political parties, wills by sally

In re Robson, decd; White v Matthys and others [2014] WLR (D) 54

‘A residuary legatee’s chose in action was “property” for the purposes of the Political Parties, Elections and Referendums Act 2000. Therefore, where a person who was not a permissible donor left the residue of his estate to a registered political party, and that party received and accepted the gift, the prohibition on foreign donations in section 54 of the 2000 Act was breached.’

WLR Daily, 31st January 2014

Source: www.iclr.co.uk

Regina v Walker & Son (Hauliers) Ltd – WLR Daily

Regina v Walker & Son (Hauliers) Ltd [2014] EWCA Crim 100; [2014] WLR (D) 49

‘If a defendant knew that waste operations were occurring on his land, ignorance of the fact that such operations were being carried out in breach of the requirement for an environmental permit was no defence to a charge of knowingly permitting the operation of a regulated facility without an environmental permit.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Regina (Roberts) v Commissioner of Police of the Metropolis and another (Liberty intervening) – WLR Daily

Regina (Roberts) v Commissioner of Police of the Metropolis and another (Liberty intervening) [2014] EWCA Civ 69; [2014] WLR (D) 50

‘Section 60 of the Criminal Justice and Public Order Act 1994 did not confer an arbitrary power and was compatible with article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 4th February 2014

Source: www.iclr.co.uk

Leidseplein Beheer BV and another v Red Bull GmbH and another – WLR Daily

Posted February 12th, 2014 in EC law, law reports, third parties, trade marks by sally

Leidseplein Beheer BV and another v Red Bull GmbH and another (Case C-65/12); [2014] WLR (D) 48

‘Under article 5(2) of First Council Directive 89/104/EEC, the proprietor of a trade mark with a reputation could be obliged, pursuant to the concept of “due cause” within the meaning of that provision, to tolerate the use by a third party of a sign similar to that mark in relation to a product which was identical to that for which that mark was registered, if it was demonstrated that the sign was being used before that mark was filed and that the use of that sign in relation to the identical product was in good faith.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) – Supreme Court

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) [2014] UKSC 9 (YouTube)

Supreme Court, 12th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Another council faces judicial review over changes to library provision – Local Government Lawyer

‘Lincolnshire County Council has become the latest local authority to face judicial review proceedings over proposed cuts to its libraries.’

Full story

Local Government Lawyer, 12th February 2014

Source: www.localgovernmentlawyer.co.uk

Amazon and Lush ruling shows there’s an ‘added layer of protection’ against ‘piggy-backing’ on trade marks, says expert – OUT-LAW.com

Posted February 12th, 2014 in advertising, internet, news, sale of goods, trade marks by sally

‘Cosmetics company Lush was entitled to prevent Amazon using its trade mark to promote rival goods for sale on Amazon and via Google, the High Court has ruled.’

Full story

OUT-LAW.com, 10th February 2014

Source: www.out-law.com

Supplier tries to stick the boot in to its commercial agent – Technology Law Update

Posted February 12th, 2014 in agency, compensation, indemnities, news, small businesses by sally

‘We have been meeting with a number of smaller software suppliers and tech start-ups recently who have been grappling with the challenge of boosting their geographical reach. We use the word ‘challenge’ because (a) there are only 24 hours in a day, (b) smaller businesses tend not to have a raft of sales executives in their employment and (c) it is difficult to achieve global domination when you still want to focus on product development and manufacturing issues.’

Full story

Technology Law Update, 11th February 2014

Source: www.technology-law-blog.co.uk

Age discrimination in the police force – the A19 test case – Halsbury’s Law Exchange

Posted February 12th, 2014 in age discrimination, employment tribunals, news, police, retirement by sally

‘In the recent police A19 test case, the Employment Tribunal unanimously found, “that the practice of requiring the retirement of nearly all officers in the Forces who could be required to retire under Regulation A19 of the Police Pensions Regulations 1987 was not a proportionate means of achieving a legitimate aim”, and therefore amounted to age discrimination.’

Full story

Halsbury’s Law Exchange, 11th February 2014

Source: www.halsburyslawexchange.co.uk

Children with autism are illegally excluded from school activities study finds – The Independent

Posted February 12th, 2014 in autism, children, news, school exclusions, special educational needs by sally

‘Four in 10 children with autism have been temporarily excluded from school activities, it has been revealed.’

Full story

The Independent, 11th February 2014

Source: www.independent.co.uk

Litvinenko widow wins inquiry ruling against ministers – BBC News

Posted February 12th, 2014 in inquests, inquiries, judicial review, news, poisoning by sally

‘The widow of former KGB spy Alexander Litvinenko who was killed in London has moved a step closer to a public inquiry into her husband’s death.’

Full story

BBC News, 11th February 2014

Source: www.bbc.co.uk

Woman who cancelled brother’s wedding jailed for eight weeks – The Guardian

Posted February 12th, 2014 in guilty pleas, harassment, impersonation, news, sentencing by sally

‘A woman who cancelled her brother’s wedding in what a court heard was like an EastEnders plotline has been jailed for eight weeks.’

Full story

The Guardian, 11th February 2014

Source: www.guardian.co.uk