Category: law reports

Martin Y Paz Diffusion SA v Depuydt and another – WLR Daily

Posted September 23rd, 2013 in consent, EC law, law reports, third parties, trade marks by sally

Martin Y Paz Diffusion SA v Depuydt and another (Case C-661/11); [2013] WLR (D) 351

“Article 5 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks (OJ 1989 L40, p 1), as amended, precluded a proprietor of trade marks from being deprived of any possibility of asserting the exclusive right conferred upon it by those marks against a third party and of itself exercising that exclusive right in respect of goods which were identical to those of that third party, in a situation where the proprietor had consented to a shared use with that third party of signs which were identical to its marks in respect of certain goods in classes for which those marks were registered and no longer consented to that use.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 20th, 2013 in law reports by sally

High Court (Chancery Division)

Maier & Anor v Asos Plc & Anor [2013] EWHC 2831 (Ch) (19 September 2013)

High Court (Administrative Court)

Rahim, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2794 (Admin) (13 September 2013)

High Court (Admiralty Division)

Theresa Libra, The Owners of the Ship v Ship MSC Pamela, The Owners of the Ship [2013] EWHC 2792 (Admlty) (19 September 2013)

Source: www.bailii.org

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

Posted September 20th, 2013 in human rights, law reports, notification, privacy, regulations, sexual offences by sally

Regina (Prothero) v Secretary of State for the Home Department [2013] EWHC 2830 (Admin); [2013] WLR (D) 350

“Regulation 12 of the Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012 which required a person on the sex offenders register to provide details of bank, debit or credit card accounts held by him, was not incompatible with his rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 18th September 2013

Source: www.iclr.co.uk

Regina (Chief Constable of the West Yorkshire Police) v Independent Police Complaints Commission – WLR Daily

Posted September 20th, 2013 in complaints, law reports, police, reports by sally

Regina (Chief Constable of the West Yorkshire Police) v Independent Police Complaints Commission [2013] EWHC 2698 (Admin); [2013] WLR (D) 349

“The Independent Police Complaints Commission (“IPCC”) could only handle a complaint against the police in strict accordance with its statutory powers under the Police Reform Act 2002. It was required to “record” matters which might amount to criminal and/or disciplinary misconduct but it was no part of the IPCC’s function to make definitive finding or rulings on such matters.”

WLR Daily, 11th September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

B-S (Children), Re [2013] EWCA Civ 1146 (17 September 2013)

M (A Child) [2013] EWCA Civ 1131 (17 September 2013)

High Court (Queen’s Bench Division)

Tidal Energy Ltd v Bank of Scotland Plc [2013] EWHC 2780 (QB) (13 September 2013)

High Court (Administrative Court)

S, R (on the application of) v The General Teaching Council for England & Anor [2013] EWHC 2779 (Admin) (13 September 2013)

Wildie, R (on the application of) v Wakefield Metropolitan District Council & Anor [2013] EWHC 2769 (Admin) (13 September 2013)

Prothero, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2830 (Admin) (18 September 2013)

High Court (Family Division)

N v K [2013] EWHC 2774 (Fam) (11 September 2013)

High Court (Technology and Construction Court)

CG Group Ltd v Breyer Group Plc [2013] EWHC 2722 (TCC) (03 September 2013)

High Court (Patents Court)

Corma Inc & Ors v Hegler Plastik GmbH & Anor [2013] EWHC 2820 (Pat) (18 September 2013)

Source: www.bailii.org

In re B-S (Children) – WLR Daily

Posted September 19th, 2013 in appeals, care orders, law reports by sally

In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348

“The Court of Appeal set out the exercise the court had to undertake when considering an application under section 47(5) of the Adoption and Children Act 2002 by a parent or guardian for leave to oppose the making of an adoption order, reiterated the fundamental principles of adoption, and explained what good practice, the 2002 Act and the Convention for the Protection of Human Rights and Fundamental Freedoms all demanded, both when the court was being asked to approve a care plan for adoption and when it was being asked to make a non-consensual placement order or adoption order. The Court of Appeal went on to consider the approach an appellate court should adopt when hearing an appeal against a refusal of leave under section 47(5).”

WLR Daily, 17th September 2013

Source: www.iclr.co.uk

Revenue and Customs Commissioners v Sunico ApS and others – WLR Daily

Posted September 19th, 2013 in conflict of laws, damages, EC law, fraud, HM Revenue & Customs, law reports, news, VAT by sally

Revenue and Customs Commissioners v Sunico ApS and others (Case C-49/12); [2013] WLR (D) 347

“The concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 covered an action whereby a public authority of one member state claimed, as against natural and legal persons resident in another member state, damages for loss caused by a tortious conspiracy to commit value added tax fraud in the first member state.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

In the matter of A (Children) (AP) – Supreme Court

Posted September 17th, 2013 in appeals, children, jurisdiction, law reports, residence orders, Supreme Court by sally

In the matter of A (Children) (AP) [2013] UKSC 60 | UKSC 2013/0106 (YouTube)

Supreme Court, 9th September 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted September 16th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Bristow & Ors, R. v [2013] EWCA Crim 1540 (13 September 2013)

High Court (Queen’s Bench Division)

Parkin & Ors v Alba Proteins Ltd & Ors [2013] EWHC 2740 (QB) (13 September 2013)

Source: www.bailii.org

Schlecker (trading as Firma Anton Schlecker) v Boedeker – WLR Daily

Posted September 16th, 2013 in appeals, complaints, conflict of laws, contract of employment, EC law, jurisdiction, law reports by sally

Schlecker (trading as Firma Anton Schlecker) v Boedeker: (Case C-64/12);   [2013] WLR (D)  346

“Article 6(2) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, meant that even where an employee carried out the work in performance of the contract habitually, for a lengthy period and without interruption in the same country, the national court could, under the concluding part of that provision, disregard the law of the country where the work was habitually carried out, if it appeared from the circumstances as a whole that the contract was more closely connected with another country.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 13th, 2013 in law reports by sally

High Court (Chancery Division)

Petrocapital Resources Plc v Morrison & Foerster (UK) LLP [2013] EWHC 2682 (Ch) (06 September 2013)

High Court (Commercial Court)

Mitsui Sumitomo Insurance Co (Europe) Ltd & Anor v The Mayor’s Office for Policing and Crime [2013] EWHC 2734 (Comm) (12 September 2013)

High Court (Queen’s Bench Division)

Wright v Commissioner of Police for the Metropolis [2013] EWHC 2739 (QB) (11 September 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 12th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Vuvamu v Secretary of State for Transport [2013] EWCA Civ 1116 (11 September 2013)

E-Clear (UK) Plc v Elia & Ors [2013] EWCA Civ 1114 (06 September 2013)

Source: www.bailii.org

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) – WLR Daily

Posted September 11th, 2013 in appeals, children, custody, EC law, jurisdiction, law reports by sally

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening): [2013] UKSC 60;   [2013] WLR (D)  345

“The High Court of England and Wales had jurisdiction to order the ‘return’ to this country of a small child who had never lived or even been here, on the basis that he had British nationality.”

WLR Daily, 9th September 2013

Source: www.iclr.co.uk

Regina (Gibson) v Secretary of State for Justice – WLR Daily

Posted September 11th, 2013 in assets recovery, confiscation, Crown Court, drug trafficking, interest, law reports, magistrates, sentencing by sally

Regina (Gibson) v Secretary of State for Justice: [2013] EWHC 2481 (Admin);   [2013] WLR (D)  344

“Where the Crown Court fixed a term of imprisonment in default of a sum recoverable under a confiscation order the words ‘at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Courts Act 1980 meant the time when the default term was activated by the magistrates’ court, not the time when it was fixed by the Crown Court, for the purposes of calculating a reduction in the term of imprisonment.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 10th, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Sutherland Professional Funding Ltd v Bakewells (a firm) & Ors [2013] EWHC 2685 (QB) (03 September 2013)

Source: www.bailii.org

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc – WLR Daily

Posted September 10th, 2013 in agency, banking, contracts, disclosure, law reports, news by sally

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc: [2013] EWHC 2670 (Ch);   [2013] WLR (D)  343

“A term was not to be implied into a mezzanine lending agreement that a bank, which had acted as agent for two special purpose vehicles (‘SPVs’) when they participated as junior lenders in such structured lending to a property company which subsequently collapsed, was obliged to disclose to the SPVs material financial information in its possession as to the declining health of the company.”

WLR Daily, 3rd September 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 9th, 2013 in law reports by sally

Court of Appeal (Civil Division)

R (A Child) [2013] EWCA Civ 1115 (06 September 2013)

A (A Child) [2013] EWCA Civ 1104 (06 September 2013)

High Court (Administrative Court)

Geraldo & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2763 (Admin) (06 September 2013)

Atamewan, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2727 (Admin) (06 September 2013)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 6th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Goodman & Ors v Elwood [2013] EWCA Civ 1103 (04 September 2013)

High Court (Administrative Court)

Hunston Properties Ltd v Secretary of State for Communities and Local Government [2013] EWHC 2678 (Admin) (05 September 2013)

Gibson, R (on the application of) v Secretary of State for Justice [2013] EWHC 2481 (Admin) (04 September 2013)

High Court (Chancery Division)

Torre Asset Funding Ltd & Anor v The Royal Bank of Scotland Plc [2013] EWHC 2670 (Ch) (03 September 2013)

High Court (Family Division)

J (A Child), Re [2013] EWHC 2694 (Fam) (05 September 2013)

High Court (Patents Court)

Lantana Ltd v The Comptroller-General of Patents, Designs and Trade Marks [2013] EWHC 2673 (Pat) (04 September 2013)

High Court (Technology and Construction Court)

Khan v Harrow Council & Anor [2013] EWHC 2687 (TCC) (03 September 2013)

Liberty Mercian Ltd v Cuddy Civil Engineering Ltd [2013] EWHC 2688 (TCC) (03 September 2013)

Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd [2013] EWHC 2665 (TCC) (29 August 2013)

Source: www.bailii.org

Elwood v Goodman and others – WLR Daily

Posted September 6th, 2013 in appeals, contracts, covenants, land registration, law reports, roads by sally

Elwood v Goodman and others: [2013] EWCA Civ 1103;   [2013] WLR (D)  342

“The burden in equity of a positive covenant did not require to be registered in order to bind successors in title of the original covenantor.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk

Greater Transparency in the Family Courts – New Draft Guidance – RPC Privacy Law

Posted September 5th, 2013 in consultations, family courts, law reports, news, reporting restrictions by sally

“Proposed new guidance recommends that decisions of the family courts should always be published, unless there are compelling reasons against publication. Sir James Munby, President of the Family Division of the High Court, has issued the proposed judiciary guidance to facilitate the ‘need for greater transparency’ in the family courts.”

Full story

RPC Privacy Law, 4th September 2013

Source: www.rpc.co.uk