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

EVENT: UCL Quain Lectures 2014 – John Gardner

Posted February 7th, 2014 in Forthcoming events by sally

‘John Gardner FBA is Professor of Jurisprudence and a Fellow of University College. He was formerly Reader in Legal Philosophy at King’s College London (1996-2000), Fellow and Tutor in Law at Brasenose College, Oxford (1991-6) and Fellow of All Souls College, Oxford (1986-91). He has also held visiting positions at Columbia University, Yale University, the University of Texas, Princeton University, the Australian National University and the University of Auckland. He serves on the editorial boards of numerous journals including the Oxford Journal of Legal Studies, Legal Theory, Law and Philosophy, and The Journal of Moral Philosophy. Called to the Bar in 1988, he has been a Bencher of the Inner Temple since 2002 (although he does not practice).’

Date: 28th April 2014, 6.00pm

Location: UCL Gustave Tuck Lecture Theatre, Wilkins Building, Gower Street, London WC1E 6BT

Charge: Free, registration required

More information can be found here.

EVENT: Temple Women’s Forum – Crossing Boundaries: Alternative Careers at the Bar

Posted February 7th, 2014 in Forthcoming events by sally

‘Our keynote speaker will be The Honourable Mrs Justice Rose, whose career has spanned the Independent Bar, the Public Sector and the Judiciary.

The keynote speech will be followed by a panel discussion and Q&A with:

Margaret Casely Heyford – Head of Legal, John Lewis

Clive Rich – Media Lawyer and Negotiator, involved in executive coaching of women in the City.

Kathleen Harris – Partner at Arnold & Porter LLP, White Collar Criminal Defence Practice Group.

Alison Levitt – Principal Legal Advisor to the Director of Public Prosecutions

Nicky Oppenheimer – Chair of Central Government and Head of International Arts and Heritage Practices, Odgers Berndtson.’

Date: 24th March 2014, 5.30-9.00pm

Location: Middle Temple Hall
Middle Temple Lane
EC4Y 9AT London
United Kingdom

Charge: Free, registration required

More information can be found here.

BAILII: Recent Decisions

Posted February 6th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Bishop v Golstein [2014] EWCA Civ 10 (05 February 2014)

High Court (Queen’s Bench Division)

Mount Eden Land Ltd v Speechly Bircham LLP [2014] EWHC 169 (QB) (05 February 2014)

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB) (05 February 2014)

Barons Finance Ltd & Ors v Numerous Defendants [2014] EWHC 138 (QB) (05 February 2014)

High Court (Administrative Court)

Brown v HM Coroner for the County of Norfolk & Anor [2014] EWHC 187 (Admin) (5 February 2014)

Fuglers LLP & Ors v Solicitors Regulatory Authority [2014] EWHC 179 (Admin) (05 February 2014)

Crawford, R (on the application of) v The Legal Ombudsman & Anor [2014] EWHC 182 (Admin) (05 February 2014)

Source: www.bailii.org

When Best Interests Collide: A Protected Party, Protected Party’s Children and the Court of Protection – Family Law Week

‘Sarah Phillimore, barrister of St John’s Chambers, Bristol, and Daniela Nickols, associate solicitor with Mowbray Woodwards, analyse the recent case of X,Y, and Z [2014] EWHC 87 (COP) in which the Court of Protection considered the interplay between the best interests of a protected party and that party’s children.’

Full story

Family Law Week, 5th February 2014

Source: www.familylawweek.co.uk

Mediation is better – couples told as divorce rate rises – Ministry of Justice

Posted February 6th, 2014 in arbitration, divorce, news by sally

‘Thousands of couples who separate each year have been urged to spurn confrontational court battles and instead to try mediation to sort out disputes over finances and children – as new figures show divorce rates increased last year.’

Full story

Ministry of Justice, 6th February 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Prenuptial Agreements Latest Caselaw: Pandora’s Box Stays Closed… at least for now – Family Law Week

Posted February 6th, 2014 in divorce, financial provision, news, prenuptial agreements by sally

‘Wife fails in her challenge of a pre-nup entered into with her wealthy husband in respect of MPS and costs allowance.’

Full story

Family Law Week, 5th February 2014

Source: www.familylawweek.co.uk

New government measures to end FGM – Home Office

Posted February 6th, 2014 in child abuse, female genital mutilation, health, hospitals, news by sally

‘A government declaration to end FGM in the UK and around the world marked International Day of Zero Tolerance to Female Genital Mutilation.’

Full story

Home Office, 6th February 2014

Source: www.homeoffice.gov.uk

New planning court gets go ahead to support UK growth – Ministry of Justice

Posted February 6th, 2014 in courts, judicial review, news, planning by sally

‘Key building projects which generate thousands of jobs in communities across the UK will benefit from changes to tackle costly and unnecessary legal delays under plans to speed up and reform the Judicial Review system announced today by Justice Secretary Chris Grayling.’

Full story

Ministry of Justice, 5th February 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) – Supreme Court

Posted February 6th, 2014 in appeals, crime, demonstrations, law reports, Supreme Court, trespass by sally

Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) [2014] UKSC 8 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) – Supreme Court

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) [2014] UKSC 7 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt