Apple loses UK tablet design appeal versus Samsung – BBC News

Posted October 18th, 2012 in appeals, intellectual property, news by sally

“Apple has lost its appeal against a UK ruling that Samsung had not infringed its design rights.”

Full story

BBC News, 18th October 2012

Source: www.bbc.co.uk

Companies can challenge regulator’s calculation of fines for anti-competitive behaviour under new procedure – OUT-LAW.com

Posted October 18th, 2012 in appeals, competition, fines, news, penalties by sally

“Organisations that face being fined for breaching UK competition law will be able to challenge the level of penalty being proposed or the way the fine has been calculated under a new procedure outlined by the Office of Fair Trading (OFT).”

Full story

OUT-LAW.com, 18th October 2012

Source: www.out-law.com

Barry George fights for compensation for Jill Dando murder conviction – Daily Telegraph

Posted October 17th, 2012 in appeals, compensation, evidence, human rights, miscarriage of justice, murder, news by sally

Barry George, who spent eight years in prison after being wrongly convicted of the murder of the TV presenter Jill Dando, today launched a test case bid to overturn a ‘defective’ decision denying him compensation.”

Full story

Daily Telegraph, 17th October 2012

Source: www.telegraph.co.uk

SRA wins appeal for dishonesty strike-off – Law Society’s Gazette

“The Solicitors Regulation Authority has successfully appealed to the High Court to have a lawyer struck off the roll for dishonesty, overturning an ‘unduly lenient’ Solicitors Disciplinary Tribunal verdict.”

Full story

Law Society’s Gazette, 16th October 2012

Source: www.lawgazette.co.uk

Teacher sacked over ‘lewd act’ with broomstick may have been set up – Daily Telegraph

“Science teacher Patricia Davies has been granted permission to take her case to the Appeal Court six years after she was sacked for allegedly simulating a sex act in class.”

Full story

Daily Telegraph, 16th October 2012

Source: www.telegraph.co.uk

Live animal export suspension at Ramsgate overturned – BBC News

Posted October 17th, 2012 in animal cruelty, appeals, export controls, local government, news by sally

“A temporary suspension of live animal exports from the Port of Ramsgate has been overturned by the High Court.”

Full story

BBC News, 16th October 2012

Source: www.bbc.co.uk

Supreme Court reverses CoA ruling on the legal definition of a house – The Lawyer

Posted October 11th, 2012 in appeals, housing, leases, news, precedent, Supreme Court by sally

“The Supreme Court has ended years of legal uncertainty by ruling on what constitutes a house in the contest of leasehold enfranchisement.”

Full story

The Lawyer, 11th October 2012

Source: www.thelawyer.com

An obvious observation about obviousness – ICLR Blog

Posted October 11th, 2012 in appeals, news, patents by sally

“The law of patents is not always patently clear, but one point is obvious. The question of obviousness is not one that admits of endless elaboration. It is, in fact, obvious.

In a judgment handed down yesterday, MedImmune Ltd v Novartis Pharmaceuticals UK Ltd [2012] EWCA Civ 1234, the Court of Appeal, dismissing appeals from Arnold J [2011] EWHC 1669 (Pat) and [2012] EWHC 181 (Pat) made a number of observations on the matter.”

Full story

ICLR Blog, 11th October 2012

Source: www.theiclr.blogspot.co.uk

Subway loses legal challenge over VAT on hot food – The Lawyer

Posted October 11th, 2012 in appeals, food, news, taxation, VAT by sally

“Mr Justice Arnold has thrown out an appeal bid by a franchisee of sandwich chain Subway to challenge HM Revenue & Customs’ VAT policy on hot food.”

Full story

The Lawyer, 11th October 2012

Source: www.thelawyer.com

More on more on damages – NearlyLegal

Posted October 11th, 2012 in appeals, damages, insurance, news by sally

“As you may know, the original Court of Appeal decision in Simmons v Castle on the 10% uplift in general damages was revisited after representations by the ABI and APIL.”

Full story

NearlyLegal, 11th October 2012

Source: www.nearlylegal.co.uk

Gore v Stannard (trading as Wyvern Tyres) – WLR Daily

Posted October 11th, 2012 in appeals, causation, fire, insurance, law reports, strict liability by sally

Gore v Stannard (trading as Wyvern Tyres) [2012] EWCA Civ 1248; [2012] WLR (D) 266

“Where a party brought a claim relying on the strict liability rule under Rylands v Fletcher (1868) LR 3 HL 330, the claim being founded on an outbreak of fire said to be caused by another party having brought a ‘thing’ on to his land which then ‘escaped’, close attention would have to be given to the precise ‘thing’ which was said to have ‘escaped’ when analysing whether the principles relied on in fact applied. It remained a moot point whether there was any room for the classic principles to be reformulated in fire cases.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

In re G (Children: Religious upbringing) – WLR Daily

Posted October 11th, 2012 in appeals, education, Judaism, law reports, parental rights by sally

In re G (Children: Religious upbringing) [2012] EWCA Civ 1233; [2012] WLR (D) 265

“In a case in which a marriage had irretrievably broken down, and the parents were unable to agree as to the precise religious nature of their children’s future education, care was required in looking to the welfare of the children and weighing up the relevant factors.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

Parts of evidence against Abu Qatada are ‘a bit thin’, says judge – The Guardian

Posted October 11th, 2012 in appeals, deportation, evidence, extradition, immigration, news, terrorism by sally

“Parts of the evidence against the terrorist suspect Abu Qatada are ‘a bit thin’, according to the judge considering his deportation to face trial in Jordan.”

Full story

The Guardian, 10th October 2012

Source: www.guardian.co.uk

In the name of God: ultra-orthodox Jewish education not in children’s best interest, rules Court of Appeal – UK Human Rights Blog

Posted October 11th, 2012 in appeals, education, Judaism, news, parental rights by sally

“What is happiness? If you thought this most philosophical inquiry was beyond the remit of the judicial system then you should read this case.”

Full story

UK Human Rights Blog, 11th October 2012

Source: www.ukhumanrightsblog.com

R v Varma – headnotes – The Guardian

Posted October 11th, 2012 in appeals, conditional discharge, confiscation, customs and excise, news by sally

“Courts have the power to make confiscation orders where an offender is absolutely or conditionally discharged.”

Full story

The Guardian, 10th October 2012

Source: www.guardian.co.uk

CoA finds for insurers on damages uplift – Law Gazette

Posted October 11th, 2012 in appeals, damages, insurance, news by sally

“The Court of Appeal has ruled that a 10% uplift on general damages will not apply to cases begun before 1 April on a conditional fee agreement (CFA).”

Full story

Law Society’s Gazette, 10th October 2012

Source: www.lawgazette.co.uk

Five criminals to make life sentence appeal – BBC News

Posted October 10th, 2012 in appeals, human rights, murder, news, rape, sentencing by sally

“Five of the UK’s most dangerous criminals are to appeal against their life sentences for murder and rape.”

Full story

BBC News, 10th October 2012

Source: www.bbc.co.uk

Boy who stabbed student in row over conkers has sentence increased – The Guardian

Posted October 9th, 2012 in appeals, murder, news, sentencing by sally

“A teenager who stabbed a student to death in a row over conkers has had his sentence increased by the court of appeal.”

Full story

The Guardian, 9th October 2012

Source: www.guardian.co.uk

Anuj Bidve killer Kiaran Stapleton to appeal against sentence – BBC News

Posted October 8th, 2012 in appeals, murder, news, sentencing by sally

“The man who shot dead Indian student Anuj Bidve in Salford is to appeal against the length of his sentence.”

Full story

BBC News, 8th October 2012

Source: www.bbc.co.uk

Abu Hamza to be extradited within days after final appeal fails – Daily Telegraph

Posted October 5th, 2012 in appeals, extradition, news, terrorism by sally

“Abu Hamza and four other terror suspects will be extradited to the US ‘immediately’ after their last-ditch appeals were dismissed out of hand by senior judges.”

Full story

Daily Telegraph, 5th October 2012

Source: www.telegraph.co.uk