Category: appeals

Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG – WLR Daily

Posted October 22nd, 2014 in appeals, fraud, insurance, law reports, proportionality by sally

Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG [2014] EWCA Civ 1349; [2014] WLR (D) 433

‘The rule that a fraudulent insurance claim deprived the insured of any right to recover anything applied also to fraudulent devices, namely, the making of statements which were known by the insured to be untrue or which were made recklessly, not caring whether they were true or false, in support of a claim honestly believed by him to be good both as to liability and amount.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

Scott (Appellant) v Southern Pacific Mortgages Limited (Respondents) – Supreme Court

Posted October 22nd, 2014 in appeals, fraud, law reports, mortgages, Supreme Court by sally

Scott (Appellant) v Southern Pacific Mortgages Limited (Respondents) [2014] UKSC 52 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) – Supreme Court

Posted October 22nd, 2014 in Administrative Court, appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) [2014] UKSC 54 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

Use of a Trade Mark: Specsavers v ASDA – NIPC Law

Posted October 22nd, 2014 in appeals, news, trade marks by sally

‘In Community Trade Marks: Specsavers v ASDA 7 Feb 2012 NIPC Law I analysed the litigation that had taken place between two well known retailers in which the Court of Appeal considered how far an aggressive marketing campaign can go without infringing trade mark law. As I said in my case note Specsavers International Healthcare Ltd and others (“Specsavers”) had brought an action for trade mark infringement and passing off against the supermarket chain Asda Stores Ltd. (“ASDA”) for using the marketing materials that I identified in my note and Asda counterclaimed for revocation of Community trade mark 1358589 depicted above (“the wordless mark”) for non-use.’

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NIPC Law, 16th October 2014

Source: www.nipclaw.blogspot.co.uk

Cognitive Deficit, Capacity And Quantum: A fresh look at how to approach cognitive deficit in PI claims – Zenith PI Blog

Posted October 21st, 2014 in appeals, citizenship, fraud, learning difficulties, news, personal injuries by sally

‘The Court of Appeal found a significant cognitive deficit, and consequent lack of capacity, notwithstanding recent evidence of minimal cognitive dysfunction, resulting in damages of equivalent to £2.3 million on a full liability basis.’

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Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

GCSE and A-level results changed for 43,500 on appeal – BBC News

Posted October 21st, 2014 in appeals, education, examinations, news by sally

‘More than 43,000 exam grades from this summer have been changed after schools challenged the results, up by 15%.’

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BBC News, 21st October 2014

Source: www.bbc.co.uk

Dave Lee Travis sentence ‘not unduly lenient’ – The Guardian

Posted October 21st, 2014 in appeals, news, sentencing, sexual offences, suspended sentences by sally

‘Disgraced DJ Dave Lee Travis’s three-month suspended sentence for indecent assault will not be referred to the court of appeal, the attorney general has said.’

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The Guardian, 21st October 2014

Source: www.guardian.co.uk

Court of Appeal highlights dangers to lenders of choosing to enforce only part of a security – OUT-LAW.com

Posted October 21st, 2014 in appeals, debts, enforcement, mortgages, news, repossession by sally

‘Lenders must be careful to ensure that they do not lose the right to enforce their remaining rights under a security agreement when they choose to enforce only part of it, the Court of Appeal has warned.’

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OUT-LAW.com, 20th October 2014

Source: www.out-law.com

Appeal court shows its bottle – summary judgment on patent infringement – Technology Law Update

Posted October 20th, 2014 in appeals, expert witnesses, news, patents, summary judgments by sally

‘It is unusual for a patent infringement case to be decided without a full trial. A judge will normally want to hear evidence from experts to understand what people working in the relevant field would have known at the time when the patent was first filed. Recent examples of this kind of analysis can be found in Virgin v Rovi (discussed here) and Teva v AstraZeneca.’

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Technology Law Update, 20th October 2014

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

Let’s take another look at Specsavers v Asda – Technology Law Update

Posted October 20th, 2014 in appeals, EC law, news, trade marks by sally

‘Well-known optical retailer Specsavers uses a logo composed of green overlapping ellipses overlaid with its name ( you can see their branding here). Specsavers had registered as a Community trade mark a black “wordless” version of the linked ellipses. Asda started using branding for its own opticians service that included ellipses that touched but did not overlap, overlaid with the words “ASDA” and “Opticians” in each ellipse. Specsavers sued Asda for trade mark infringement.’

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Technology Law Update, 17th October 2014

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

Court refuses to say if killer was allowed to stay in UK – Daily Telegraph

Posted October 20th, 2014 in appeals, deportation, disclosure, families, human rights, immigration, murder, news, public interest by sally

‘Bernard Finlay was found guilty of stabbing a mother of two to death with three kitchen knives and a cleaver in 1997.’

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Daily Telegraph, 18th October 2014

Source: www.telegraph.co.uk

Building a super-prison for children is a terrible idea – The Guardian

Posted October 20th, 2014 in appeals, bills, children, death in custody, human rights, news, prisons, restraint, young offenders by sally

‘he Ministry of Justice’s bizarre plan includes a regime of physical punishment and restraint that would be a recipe for child abuse.’

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The Guardian, 17th October 2014

Source: www.guardian.co.uk

Martin Foran wins second miscarriage of justice appeal – BBC News

Posted October 17th, 2014 in appeals, miscarriage of justice, news, police, robbery by tracey

‘A terminally-ill man has won a second miscarriage of justice appeal over robberies he was mistakenly convicted of in the 1970s and 80s.’

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BBC News, 17th October 2014

Source: www.bbc.co.uk

‘Background’ trade marks may be valid even if never used as registered , UK court rules – OUT-LAW.com

Posted October 17th, 2014 in appeals, EC law, news, trade marks by tracey

‘Wordless logo trade marks that are never used in isolation can defeat a legal challenge brought on the basis that they have never been used, a UK court has ruled.’

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OUT-LAW.com, 16th October 2014

Source: www.out-law.com

Court of Appeal: employer not in breach of duty of care by beginning disciplinary proceedings – OUT-LAW.com

Posted October 17th, 2014 in appeals, disciplinary procedures, duty of care, employment, news, universities by tracey

‘A university did not breach its duty of care towards an employee by beginning disciplinary proceedings against her after what the employee argued was an inadequate investigation, the Court of Appeal in England and Wales has ruled.’

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OUT-LAW.com, 16th October 2014

Source: www.out-law.com

Regina (Detention Action) v Secretary of State for the Home Department – WLR Daily

Posted October 17th, 2014 in appeals, asylum, detention, immigration, law reports, news, time limits by tracey

Regina (Detention Action) v Secretary of State for the Home Department: [2014] EWCA Civ 1270; [2014] WLR (D) 426

‘All those subject to the Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined would now have four clear working days from allocation of a lawyer to substantive interview.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

Tchenguiz v Director of the Serious Fraud Office and others – WLR DAily

Posted October 17th, 2014 in appeals, civil procedure rules, fraud, law reports, practice directions, skeleton arguments by tracey

Tchenguiz v Director of the Serious Fraud Office and others: [2014] EWCA Civ 1333; [2014] WLR (D) 427

‘It was very difficult for the Court of Appeal to deal with the dispatch of its business if it was faced with excessively lengthy skeleton arguments. What was required was a careful and concise summary of the points that were intended to be addressed.’

WLR Daily, 13th October 2014

Source: www.iclr.co.uk

Grayling gives green light for staff to use force against inmates in new jail – The Guardian

Posted October 17th, 2014 in appeals, bills, children, death in custody, detention, human rights, news, restraint, young offenders by tracey

‘Chris Grayling is to defy an appeal court judgement and order that staff should be able to use force to restrain teenage inmates for “the purposes of good order and discipline” at his proposed £85m privately run “super-child jail.” The proposed rule for the justice secretary’s 320-place “secure college” comes despite a court of appeal ruling in 2008 which banned the use of force after it was linked to the deaths and injury of several children in custody, including the death of a 14-year-old Gareth Myatt.’

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The Guardian, 16th October 2014

Source: www.guardian.co.uk

Home Office told to disclose advice behind decision on intercept evidence – The Guardian

Posted October 17th, 2014 in appeals, disclosure, evidence, government departments, intelligence services, interception, news, police, privacy, prosecutions, telecommunications, warrants by tracey

‘The Home Office has been ordered to release secret legal advice justifying its decision to prevent intercept evidence being used in criminal trials. The ruling by an information tribunal could shine a light on the way intelligence agencies gather and store material as well as on their relationship with law enforcement organisations. The appeal for the advice to be disclosed was made by the Bingham Centre for the Rule of Law which submitted a Freedom of Information request to uncover the reasoning behind a 2009 report, entitled “Intercept as Evidence”.’

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The Guardian, 16th October 2014

Source: www.guardian.co.uk

Authors’ concerns after court rules writer can’t publish sex abuse memoir – Daily Telegraph

Posted October 17th, 2014 in appeals, child abuse, damages, freedom of expression, injunctions, misuse of private information, negligence, news, public interest, sexual offences by tracey

‘Leading authors have expressed their “grave concern” at a court ruling which has prevented a writer from publishing a book dealing with the sexual abuse he suffered as a child. The author’s ex-wife has obtained a temporary injunction stopping the memoir’s release until the issue has been decided at trial. She argued that reading it would cause their 11 year-old son, who suffers from a number of disabilities, severe psychological harm.’

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Daily Telegraph, 16th October 2014

Source: www.telegraph.co.uk