law reports – Page 134 – Current Awareness

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker – WLR Daily

Posted July 1st, 2013 in EC law, interpretation, law reports, trade marks by tracey

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker: (Case C-320/12); [2013] WLR (D) 258

“The concept of ‘bad faith’ within article 4(4)(g) of Parliament and Council Directive 2008/95/EC of 22 October 2008 (to approximate the laws of the member states relating to trade marks) was an autonomous concept of European Union law which had to be given a uniform interpretation within the Union. The fact that the applicant for a trade mark registration knew or should have known that a third party was using a mark abroad at the time of filing his application, which was liable to be confused with his mark, was not sufficient, in itself, to permit the conclusion that the applicant was acting in bad faith. Member states were not permitted to introduce a system of specific protection of foreign marks which differed from the system established by article 4(4)(g) and which was based on the fact that the person making the application for registration of a mark knew or should have known of a foreign mark.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

RM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted July 1st, 2013 in EC law, families, freedom of movement, law reports, married persons, retirement by tracey

RM (Zimbabwe) v Secretary of State for the Home Department: [2013] EWCA Civ 775; [2013] WLR (D) 259

“On a true construction of article 17(3) of Parliament and Council Directive 2004/38/EC, the Zimbabwean widow of a Spanish national had acquired the right of permanent residence in the United Kingdom on the ground that her late husband had, before the date of their marriage, ‘acquired himself the right of permanent residence … on the basis of paragraph 1’ of article 17, viz having retired from work due to permanent incapacity. It was not a requirement that a family member seeking to rely on such a right had to be a family member prior to, or as at the date of, the European Union member’s own acquisition of permanent residence on which reliance was now placed.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

BAILII: Recent Deicsions

Posted June 28th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

AR (Iran), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 778 (28 June 2013)

RM (Zimbabwe) v Secretary of State for the Home Department [2013] EWCA Civ 775 (28 June 2013)

Intrigue Shipping Inc & Ors v Nikitin & Ors [2013] EWCA Civ 749 (27 June 2013)

Court of Appeal (Criminal Division)

Saunders & Ors v R [2013] EWCA Crim 1027 (28 June 2013)

Lawrence, R v [2013] EWCA Crim 1054 (28 June 2013)

Edmondson & Ors v R. [2013] EWCA Crim 1026 (28 June 2013)

Tahery, R. v [2013] EWCA Crim 1053 (27 June 2013)

Austin, R. v [2013] EWCA Crim 1028 (27 June 2013)

McNally v R. [2013] EWCA Crim 1051 (27 June 2013)

High Court (Administrative Court)

Simpson & Ors, R (on the application of) v Chief Constable of Greater Manchester Police [2013] EWHC 1858 (Admin) (28 June 2013)

Derbyshire County Council v High Peak Magistrates’ Court [2013] EWHC 1762 (Admin) (27 June 2013)

Secretary of State for Foreign & Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 1786 (Admin) (27 June 2013)

High Court (Family Division)

UL v BK [2013] EWHC 1735 (Fam) (24 June 2013)

High Court (Technology and Construction Court)

Co-Operative Group Ltd v Birse Developments Ltd & Ors [2013] EWHC 1790 (TCC) (27 June 2013)

Igloo Regeneration (General Partner) Ltd & Ors v Powell Williams Partnership [2013] EWHC 1718 (TCC) (24 June 2013)

Source: www.bailii.org.uk

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs; King’s College London v Same – WLR Daily

Posted June 28th, 2013 in appeals, charities, HM Revenue & Customs, law reports, sale of land, stamp duty, taxation by tracey

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs: King’s College London v Same: [2013] EWCA Civ 753; [2013] WLR (D) 255

“Where a charity contributed to the purchase of a property, to be held on trust for it and other, non-charitable, contributors in proportion to their contributions, the ‘chargeable interest acquired’ by reference to which stamp duty land tax was to be levied under Part 4 of the Finance Act 2003 was the equitable estate collectively acquired by the beneficiaries under the trust. However, paragraph 1(1) of Schedule 8 to the 2003 Act was to be interpreted as exempting the land transaction from charge to the extent of the charity’s interest.”

WLR Daily. 26th June 2013

Source: www.iclr.co.uk

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

Posted June 28th, 2013 in appeals, asylum, damages, false imprisonment, homosexuality, immigration, judicial review, law reports by tracey

Regina ((JB) (Jamaica)) v Secretary of State for the Home Department: [2013] EWCA Civ 666; [2013] WLR (D) 252

“Since the undisputed evidence was that homosexuals were routinely persecuted in Jamaica, the Secretary of State had acted unlawfully in designating Jamaica, under section 94(5)(a) of the Nationality, Immigration and Asylum Act 2002, as a state where there was ‘in general no serious risk of persecution of persons entitled to reside in that state.’ ”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

Raju and others v Secretary of State for the Home Department – WLR Daily

Posted June 28th, 2013 in appeals, education, immigration, law reports, notification by tracey

Raju and others v Secretary of State for the Home Department: [2013] EWCA Civ 754; [2013] WLR (D) 253

“Table 10 of Appendix A of paragraph 245FD of the Immigration Rules required that an applicant for leave to remain under the Tier 1 (Post-Study Work) provisions of the points-based system therein should have obtained the appropriate qualification before making the application in order to obtain the necessary points.”

WLR Daily, 25th June 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 27th, 2013 in law reports by sally

Supreme Court

Abela & Ors v. Baadarani [2013] UKSC 44 (26 June 2013)

Brown, R. v (Northern Ireland) [2013] UKSC 43 (26 June 2013)

North & Ors v Dumfries and Galloway Council (Scotland) [2013] UKSC 45 (26 June 2013)

Court of Appeal (Criminal Division)

Thompson, R v [2013] EWCA Crim 988 (25 June 2013)

Cox, R v [2013] EWCA Crim 1025 (25 June 2013)

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 (25 June 2013)

Emezie v Secretary of State for the Home Department [2013] EWCA Civ 733 (26 June 2013)

The Pollen Estate Trustee Company Ltd & Anor v HM Revenue and Customs [2013] EWCA Civ 753 (26 June 2013)

Boyd v Incommunities Ltd [2013] EWCA Civ 756 (26 June 2013)

High Court (Queen’s Bench Division)

Cruddas v Calvert & Ors [2013] EWHC 1791 (QB) (26 June 2013)

Amin v Director General of the Security Service (MI5) & Ors [2013] EWHC 1579 (QB) (26 June 2013)

High Court (Chancery Division)

Avrahami & Ors v Biran & Ors [2013] EWHC 1776 (Ch) (25 June 2013)

JSC BTA Bank v Usarel Investments Ltd [2013] EWHC 1780 (Ch) (24 June 2013)

High Court (Administrative Court)

Hopkins Development Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 1783 (Admin) (25 June 2013)

High Court (Commercial Court)

Sea-Cargo Skips AS v State Bank of India [2013] EWHC 177 (Comm) (26 June 2013)

High Court (Patents Court)

Eli Lilly & Company v Janssen Alzheimer Immunotherapy [2013] EWHC 1737 (Pat) (25 June 2013)

Source: www.bailii.org

Abela v Baadarain – WLR Daily

Posted June 27th, 2013 in appeals, documents, foreign jurisdictions, law reports, news, service, Supreme Court by sally

Abela v Baadarain [2013] UKSC 44; [2013] WLR (D) 251

“The court’s power, when the parties were within the jurisdiction, to make an order under CPR r 6.15(2), that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place was good service, was applicable to claims where the defendant was outside the jurisdiction in a state in respect of which no relevant bilateral convention on service of judicial documents existed.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) – Supreme Court

Posted June 27th, 2013 in appeals, education, employment tribunals, equal pay, law reports, local government, Scotland, sex discrimination, Supreme Court by sally

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) [2013] UKSC 45 | UKSC 2011/0046 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt

R v Brown (Appellant) (Northern Ireland) – Supreme Court

Posted June 27th, 2013 in age of consent, appeals, burden of proof, consent, law reports, Northern Ireland, rape, sexual offences, Supreme Court, young offenders by sally

R v Brown (Appellant) (Northern Ireland) [2013] UKSC 43 | UKSC 2011/0233 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Abela and others (Appellants) v. Baadarani (Respondent) – Supreme Court

Posted June 27th, 2013 in appeals, documents, law reports, service, Supreme Court, time limits by sally

Abela and others (Appellants) v. Baadarani (Respondent) [2013] UKSC 44 | UKSC 2012/0023 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Cusack v Harrow London Borough Council – WLR Daily

Posted June 26th, 2013 in human rights, law reports, local government, parking, proportionality, road traffic by sally

Cusack v Harrow London Borough Council [2013] UKSC 40; [2013] WLR (D) 250

“A highway authority had power under section 80 of the Highways Act 1980 to erect barriers so as to prevent vehicular access to a frontager’s forecourt, without paying compensation, in order to safeguard users of the highway and the fact that section 66(2) of the same Act conferred an alternative power to achieve the same object, which was subject to compensation, was immaterial.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

Regina v L(C) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v N(HV) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v N(TH) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v T(HD) (Children’s Commissioner for England and Equality and Human Rights Commission intervening) – WLR Daily

Posted June 25th, 2013 in abuse of process, children, crime, human rights, law reports, trafficking in human beings, victims by sally

Regina v L(C) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v N(HV) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v N(TH) (Children’s Commissioner for England and Equality and Human Rights Commission intervening); Same v T(HD) (Children’s Commissioner for England and Equality and Human Rights Commission intervening)[2013] EWCA Crim 991; [2013] WLR (D) 249

“Where the question arose as to whether a defendant who had committed an offence was a victim of trafficking the prosecution was, and remained, responsible for deciding whether to prosecute or not. The court’s role was to protect the rights of a victim of trafficking by overseeing the decision of the prosecutor and refusing to countenance any prosecution which failed to acknowledge and address the victim’s subservient situation.”

WLR Daily, 21st June 2013

Source: www.iclr.co.uk

Trustees of the Lehman Brothers Pension Scheme and another v LB Re Financing No Ltd and another – WLR Daily

Posted June 25th, 2013 in appeals, law reports, pensions, time limits, tribunals, trusts by sally

Trustees of the Lehman Brothers Pension Scheme and another v LB Re Financing No Ltd and another [2013] EWCA Civ 751; [2013] WLR (D) 248

“When the Pensions Regulator, acting by the determinations panel, made a determination about a financial support direction in relation to a pension scheme, the trustees of that scheme, by virtue of their office, were persons “directly affected” by that determination for the purposes of section 96(3) of the Pensions Act 2004, and accordingly had standing as of right to refer that determination to the Upper Tribunal under that provision. Further, where any person referred such a determination of the Regulator to the Upper Tribunal under section 96(3) of the Act, the two-year time limit in section 43(9), which, prior to amendment by the Pensions Act 2011, required the Regulator to issue a financial support direction within two years of the time which he selected for determining whether the preconditions in section 43(2) for the issue of a direction had been fulfilled, did not apply to any directions which the Upper Tribunal might give regarding a financial support direction under section 103(5) and (6), or to any order made on appeal from those directions.”

WLR Daily, 21st June 2013

Source: www.iclr.co.uk

Riežniece v Zemkopības ministrija and another – WLR Daily

Posted June 25th, 2013 in EC law, employment, law reports, parental rights, sex discrimination, women by sally

Riežniece v Zemkopības ministrija and another (Case C-7/12); [2013] WLR (D) 247

“In circumstances where a much higher number of women than men took parental leave, Council Directive 76/207/EEC of 9 February 1976 (as amended) and the Framework Agreement on Parental Leave, contained in the Annex to Council Direction 96/34/EC precluded a situation where (1) as part of an assessment of workers in the context of abolishment of officials’ posts due to national economic difficulties, a worker who had taken parental leave was assessed in his or her absence on the basis of assessment principles and criteria which placed the worker who had taken leave in a less favourable position compared to workers who did not take parental leave; and (2) a female worker who had been transferred to another post at the end of her parental leave following that assessment was dismissed due to the abolishment of that new post, where it was not impossible for the employer to allow her to return to her former post or where the work assigned to her was not equivalent or similar and consistent with her employment contract or employment relationship because, at the time of the transfer, the employer was informed that the new post was due to be abolished.”

WLR Daily, 20th June 2013

Source: www.iclr.co.uk

Hills Contractors and Construction Ltd v Struth and another – WLR Daily

Posted June 24th, 2013 in civil procedure rules, documents, law reports, service, solicitors by sally

Hills Contractors and Construction Ltd v Struth and another [2013] EWHC 1693 (QB); [2013] WLR (D) 246

“A photocopy of a sealed claim form sent with a letter to the defendants’ solicitors for the purposes of document exchange was not proper service of the claim form for the purposes of CPR r 6.3(b).”

WLR Daily, 17th June 2013

Source: www.iclr.co.uk

Bundeswettbewerbsbehörde and another v Schenker & Co AG and others – WLR Daily

Posted June 24th, 2013 in competition, EC law, fines, law reports by sally

Bundeswettbewerbsbehörde and another v Schenker & Co AG and others (Case C-681/11); [2013] WLR (D) 245

“An undertaking which had infringed article 101FEU of the FEU Treaty could not escape the imposition of a fine by a national competition authority on the ground that the infringement had resulted from that undertaking erring as to the lawfulness of its conduct on account of legal advice given by a lawyer or of the terms of a decision of a national competition authority.”

WLR Daily, 18th June 2013

Source: www.iclr.co.uk

Bank Mellat v HM Treasury (Liberty intervening) (Nos 1 and 2) – WLR Daily

Posted June 24th, 2013 in banking, closed material, Iran, jurisdiction, law reports, proportionality, Supreme Court, terrorism by sally

Bank Mellat v HM Treasury (Liberty intervening) (Nos 1 and 2) [2013] UKSC 38; [2013] UKSC 39; [2013] WLR (D) 244

“The Supreme Court had jurisdiction to entertain a closed material procedure on an appeal from decisions of the courts of England and Wales on applications brought under section 63 of the Counter-Terrorism Act 2008. On very rare occasions it would be appropriate for the court to go into closed session for that purpose and in the circumstances of the present appeal it would do so.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk