Category: appeals

The Court of Appeal considers FRAND: Unwired Planet v Huawei – NIPC Law

Posted October 30th, 2018 in appeals, competition, EC law, injunctions, licensing, news, patents by sally

‘FRAND stands for “fair, reasonable and non-discriminatory”. It is an acronym to describe the terms upon which licences should be granted for standard essential patents (“SEPs”). SEPs are patents for inventions that are crucial for compliance with a technical standard. I attempted an introduction to FRAND terms and SEPs in FRAND on 8 Oct 2017. Lord Kitchin gave a much better one in the first five paragraphs of his judgment in Unwired Planet International Ltd and Another v Huawei Technologies Co Ltd and Another [2018] EWCA Civ 2344 (23 Oct 2018).’

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NIPC Law, 28th October 2018

Source: nipclaw.blogspot.com

Supreme Court rules that parental misconduct irrelevant to whether child should leave UK — an extended look – UK Human Rights Blog

Posted October 30th, 2018 in appeals, children, deportation, families, human rights, news, Supreme Court by sally

‘This is a major decision which clarifies the approach that the Immigration Tribunal should take to the question of whether a child and/or their parents should be removed from the UK in circumstances where it is claimed that this would constitute a disproportionate interference in their rights to private and family life.’

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UK Human Rights Blog, 29th October 2018

Source: ukhumanrightsblog.com

Balancing the rights of domestic abuse victims and their alleged abusers in court – Family Law

Posted October 30th, 2018 in appeals, children, cross-examination, domestic violence, human rights, judiciary, litigants in person, news, victims by sally

‘Should a court allow a potential perpetrator of domestic abuse, when they are acting in person, to cross-examine their alleged victim? Does this run the risk of the proceedings themselves being abusive? Or will it unfairly curtail the ability of the accused to put their case? If the court does not allow direct cross-examination, how should it proceed?’

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Family Law, 30th October 2018

Source: www.familylaw.co.uk

Uber appeals against drivers’ rights to pay and holiday – BBC News

Posted October 30th, 2018 in appeals, contract of employment, employment, employment tribunals, holiday pay, news, remuneration, self-employment, taxis by sally

‘A long-running case over the status of Uber drivers will be heard in the Court of Appeal on Tuesday and Wednesday.’

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BBC News, 30th October 2018

Source: www.bbc.co.uk

The right of appeal against refusal of a residence card: the latest developments – UK Human Rights Blog

Posted October 26th, 2018 in appeals, EC law, families, human rights, immigration, news by sally

‘As discussed previously on the Blog, the rights of the family members of EEA nationals to reside in the UK is currently in a state of flux. One important issue concerns the appeal rights of an “extended family member” of an EEA national.’

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UK Human Rights Blog, 24th October 2018

Source: ukhumanrightsblog.com

CA refuses to widen solicitor’s retainer for negligence claim – Legal Futures

Posted October 26th, 2018 in appeals, negligence, news, personal injuries, solicitors by sally

‘Solicitors do not have to carry out investigative tasks in areas they not been asked to deal with, however beneficial to the client it might have turned out to be, the Court of Appeal has ruled. In doing so, it rejected an appeal by a former client of City firm Fox Williams against a decision that cleared the solicitors of negligence.’

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Legal Futures, 26th October 2018

Source: www.legalfutures.co.uk

Patents: multiple FRAND terms possible, says UK court – OUT-LAW.com

Posted October 24th, 2018 in appeals, competition, EC law, injunctions, licensing, news, patents, telecommunications by sally

‘It is possible for more than one set of proposed licensing terms for standard-essential patents (SEPs) to be fair, reasonable and non-discriminatory (FRAND), the Court of Appeal in London has said.’

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OUT-LAW.com, 24th October 2018

Source: www.out-law.com

Court rules on whistleblowing protections for overseas workers – OUT-LAW.com

Posted October 24th, 2018 in appeals, contract of employment, employment tribunals, human rights, jurisdiction, news, whistleblowers by sally

‘A recent judgment by the Court of Appeal provides important guidance on the territorial jurisdiction of the UK employment tribunals, particularly on the extent of statutory whistleblower protections for workers, an expert has said.’

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OUT-LAW.com, 24th October 2018

Source: www.out-law.com

Joanna Bell: The Supreme Court’s Approach to the Finality Clause in Lee v Ashers: A Response to Anurag Deb & Conor McCormick & Looking Forward to Privacy International – UK Constitutional Law Association

Posted October 24th, 2018 in appeals, jurisdiction, news, Northern Ireland, statutory interpretation, Supreme Court by sally

‘Lee v Ashers Baking Company Ltd [2018] UKSC 49 (“gay cake”case) has probably not escaped the attention of any public lawyer. As Anurag Deb & Conor McCormick have usefully pointed out in a recent blog post, however, what may have been overlooked is that this case is not only important from a human rights or equality perspective, but from an administrative law perspective too. This is because the case contains a judgment, delivered by Lord Mance, which offers the unanimous court’s view on the meaning of a finality clause contained in the County Courts (Northern Ireland) Order 1980.’

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UK Constitutional Law Association, 23rd October 2018

Source: ukconstitutionallaw.org

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214: Vicarious liability for assault considered in the Court of Appeal – Zenith PI

Posted October 24th, 2018 in appeals, assault, employment, news, personal injuries, vicarious liability by sally

‘This case was heard recently in the Court Of Appeal before Lord Justice Erwin, Lord Justice Moylan and Lady Justice Asplin. Lady Justice Asplin gave the leading judgment
with which the Lord Justices agreed. However, Lord Justice Erwin was keen to emphasise at paragraph 37, “how unusual are these facts and how limited will be the parallels to this case”.’

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Zenith PI, 23rd October 2018

Source: zenithpi.wordpress.com

Stayin’ Alive – Claim Form Success For Claimant In The Court Of Appeal – Zenith PI

Posted October 24th, 2018 in appeals, civil procedure rules, news, personal injuries, pre-action conduct, service, stay of proceedings, time limits by sally

‘In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form.
That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period following the expiry of the stay.’

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Zenith PI, 22nd October 2018

Source: zenithpi.wordpress.com

Court of Appeal offers clarity on patent ‘standards’ – Law Society’s Gazette

Posted October 24th, 2018 in appeals, injunctions, licensing, news, patents, telecommunications by sally

‘A battle over appropriate licensing methods for patents deemed essential for a particular industry’s technical standards could be heading to the Supreme Court after the Court of Appeal today upheld a lower court’s ruling. Companies that own SEPs are required to license those patents at a fair, reasonable and non-discriminatory rate, known as FRAND. In Unwired Planet v Huawei, the Court of Appeal accepted the High Court’s determination that an owner of a standard-essential patent (SEP) for mobile phones can meet its obligations to making rights available fairly by offering a worldwide licence. Lord Justice Kitchin’s ruling added that if that offer is refused, an alleged infringer may be subject to an injunction.’

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Law Society's Gazette, 23rd October 2018

Source: www.lawgazette.co.uk

NDAs in spotlight as Court of Appeal gags newspaper – Law Society’s Gazette

Posted October 24th, 2018 in agreements, appeals, bullying, complaints, disclosure, employment, freedom of expression, harassment, injunctions, media, news, non-disclosure agreements, racism, sexual offences by sally

‘A Court of Appeal ruling barring the publication of allegations that a ‘leading businessman’ sexually harassed and racially abused employees has re-ignited the debate over the use of non-disclosure agreements (NDAs) in settlements. In ABC and others v Telegraph Media Group, Sir Terence Etherton, Lord Justice Underhill and Lord Justice Henderson granted a temporary injunction preventing the Telegraph from publishing what the newspaper says is the result of eight months of investigation into the behaviour of an individual identified as ‘ABC’.’

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Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

Vicarious liability for data breaches: Court of Appeal dismisses Morrisons’ challenge – Panopticon

Posted October 23rd, 2018 in appeals, class actions, compensation, confidentiality, data protection, disclosure, employment, fraud, news, vicarious liability by sally

‘Large-scale civil litigation is one of the developing contours of data protection law. Last week’s judgment in Lloyd v Google – a novel representative action based on allegedly unlawful processing activities – is one illustration. When it comes to group litigation on the back of a data breach, our best illustration thus far is the groundbreaking group action against Morrisons.’

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Panopticon, 22nd October 2018

Source: panopticonblog.com

‘Common sense prevails’ when work began before contract finalised – OUT-LAW.com

Posted October 23rd, 2018 in appeals, construction industry, contracting out, contracts, limitations, news by sally

‘The Court of Appeal has upheld a limitation of liability clause negotiated between the parties on a defective construction project, when work began before the parties formalised those terms.’

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OUT-LAW.com, 23rd October 2018

Source: www.out-law.com

Morrisons loses data leak challenge – BBC News

Posted October 23rd, 2018 in appeals, class actions, compensation, confidentiality, data protection, disclosure, employment, fraud, news, sentencing, vicarious liability by sally

‘Morrisons has lost its challenge to a High Court ruling that it is liable for a data breach that saw thousands of its employees’ details posted online.’

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BBC News, 22nd October 2018

Source: www.bbc.co.uk

High Court upholds suspension of barrister who stole purse – Legal Futures

Posted October 23rd, 2018 in appeals, barristers, disciplinary procedures, jurisdiction, licensing, news, professional conduct, theft by sally

‘The High Court has upheld the year-long suspension of a barrister who was captured on CCTV stealing a purse in a Cardiff night club.’

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Legal Futures, 23rd October 2018

Source: www.legalfutures.co.uk

Supreme Court to hear case on deprivations of liberty, community treatment orders – Local Government Lawyer

Posted October 19th, 2018 in appeals, assault, autism, detention, hospitals, human rights, learning difficulties, news, Supreme Court by sally

‘The Supreme Court will next week consider whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be “implied”.’

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Local Government Lawyer, 18th October 2018

Source: www.localgovernmentlawyer.co.uk

Transport for London appeals High Court ruling on cycle superhighway – Local Government Lawyer

Posted October 19th, 2018 in appeals, bicycles, consent, consultations, injunctions, judicial review, local government, London, news, transport by sally

‘Transport for London has applied for permission to appeal a High Court ruling that its decision to go ahead with the installation of a cycle super highway (CS11) at Swiss Cottage had been taken while omitting a relevant consideration.’

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Local Government Lawyer, 19th October 2018

Source: www.localgovernmentlawyer.co.uk

Anurag Deb and Conor McCormick: Lee v Ashers: A Recipe for Jurisdictional Confusion? – UK Constitutional Law Association

Posted October 18th, 2018 in appeals, devolution issues, freedom of expression, jurisdiction, news, Northern Ireland, sexual orientation discrimination, Supreme Court by sally

‘On 10 October 2018, the UK Supreme Court handed down its judgment in Lee v Ashers Baking Company Ltd [2018] UKSC 49, sparking much debate and commentary. The judgment is legally important for how it conceptualises freedom of expression, and for the surprising evidence of judicial overreaching it contains. Given that others have already considered the former issue in some depth (see Chandrachud and Rowbottom on this blog alone), we focus on the latter in this post.’

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UK Constitutional Law Association, 18th October 2018

Source: ukconstitutionallaw.org