‘A Tribunal tasked with resolving a dispute that goes to arbitration should not decide the outcome of the case by adopting a legal approach neither of the parties to the dispute has put forward without allowing the parties to query that approach, the High Court has ruled.’
OUT-LAW.com, 10th November 2014
Source: www.out-law.com
Interflora Inc and another v Marks and Spencer plc (No 5): [2014] EWCA Civ 1403; [2014] WLR (D) 473
‘On a claim for infringement of a trade mark under article 5(1)(a) of Council Directive 89/104/EEC through keyword advertising the onus of proof lay on the trade mark proprietor to establish that the advertisement complained of did not enable normally informed and reasonably attentive Internet users, or enabled them only with difficulty, to ascertain whether the goods or services referred to by the advertisement originated from the trade mark proprietor or an undertaking economically connected to it or, on the contrary, originated from a third party.’
WLR Daily, 5th November 2014
Source: www.iclr.co.uk
‘The “fake sheikh” journalist Mazher Mahmood has failed in an appeal to the high court to prevent BBC1’s Panorama from revealing his appearance.’
The Guardian, 10th November 2014
Source: www.guardian.co.uk
‘In Cutler v Barnet LBC (QBD 21/10/14) Supperstone J held that a judge had erred in not considering a defendant’s oral application for relief from sanction. The court had a discretion to consider such an application even where a formal application under Part 23 had NOT been made.’
Zenith PI Blog, 10th November 2014
Source: www.zenithpi.wordpress.com
‘Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438. Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given.’
NearlyLegal, 6th November 2014
Source: www.nearlylegal.co.uk/blog/
‘Former celebrity publicist Max Clifford has had an appeal against his eight-year sentence for sex offences rejected by the Court of Appeal.’
BBC News, 7th November 2014
Source: www.bbc.co.uk
‘The proposed deportation of a Lebanese man with Down’s syndrome has been branded “fundamentally inhumane” by the business secretary, Vince Cable. Wadih Chourey, 44, has lived in Twickenham, south-west London, for the past 17 years after seeking refuge from abuse in Beirut. But both his parents have since died and his brother Camil, 52, said he would be unable to care for himself in Lebanon.’
The Guardian, 6th November 2014
Source: www.guardian.co.uk
‘John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.’
Family Law Week, 5th November 2014
Source: www.familylawweek.co.uk
‘Whilst the caselaw suggests that a defence of ‘reasonable practicability’ in an employers liability claim will often be difficult for a Defendant to make out, a recent High Court decision is a reminder that such a defence can succeed in appropriate circumstances.’
Zenith PI Blog, 6th November 2014
Source: www.zenithpi.wordpress.com
‘The Supreme Court has backed a law firm’s arguments that, following a breach of trust, it should have to pay in damages only the amount which the lender involved would have lost if the breach had not occurred.’
Legal Futures, 6th November 2014
Source: www.legalfutures.co.uk
‘The Court of Appeal has dismissed an attempt by the Badger Trust to quash Defra’s unwillingness to retain an Independent Expert Panel on future badger culls. The arguments mirrored those before the judge (summarised in my previous post here), and were dismissed for pretty much the same reasons.’
UK Human Rights Blog, 4th November 2014
Source: www.ukhumanrightsblog.com
‘Staff who regularly clock up overtime could now be able to claim additional pay for annual vacation leave.’
The Independent, 4th November 2014
Source: www.independent.co.uk
‘The Court of Appeal has granted an injunction against the publication of a well-known performing artist’s book to protect the rights of his son, not on the basis of misuse of private information but because publication would be likely to cause psychological harm to the son.’
RPC Privacy Blog, 4th November 2014
Source: www.rpc.co.uk
This is a post about the consultation provisions in ss.20, 20ZA, Landlord and Tenant Act 1985, applicable in respect of service chargeable costs. If you’re not interested in long leasehold law (which, looking at the site stats for most popular pages, is most of you), then look away now.
NearlyLegal, 5th November 2014
Source: www.nearlylegal.co.uk
‘On 15th October 2014, the Court of Appeal had cause to review the manner in which a claimant might find a claim statute barred by reason of constructive knowledge.’
Zenith PI Blog, 5th November 2014
Source: www.zenithpi.wordpress.com
‘A six-year-old girl born with disabilities caused by her mother drinking while she was in the womb could be awarded criminal injuries compensation at a case being heard by the Court of Appeal tomorrow.’
The Independent, 4th November 2014
Source: www.independent.co.uk
‘Employers are urging the government to rush through emergency legislation to save thousands of companies from having to pay out hundreds of millions of pounds in backdated holiday pay to up to 5 million people.’
The Guardian, 3rd November 2014
Source: www.guardian.co.uk
Supreme Court, 29th October 2014
Supreme Court, 29th October 2014
‘The recent decision in the case of Altomart Limited v Salford Estates (No. 2) Limited [2014] EWCA Civ 1408 gave the Court of Appeal a further opportunity to revisit the issues raised in Mitchell v News Group Newspapers Ltd. It provided further indication of how the court is now more willing to grant relief from sanction where such refusal would lead to a potential injustice in the face of little prejudice being caused by the breach.’
The Barristers’ Hub, 31st October 2014
Source: www.barristershub.co.uk
© Inner Temple Library 2024