Leno Merken BV v Hageldruis Beheer BV: (Case C-149/11); [2012] WLR (D) 388
“The territorial borders of the member states should be disregarded in the assessment of whether a trade mark had been put to ‘genuine use in the Community’ within the meaning of article 15(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community Trade Mark (OJ 2009 L78, p 1).”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750; [2012] WLR (D) 387
“Where a defendant had been convicted of causing grievous bodily harm with intent and the victim subsequently died as a result of that harm, the defendant could not automatically be convicted of the victim’s murder. However, pursuant to section 74(3) of the Police and Criminal Evidence Act 1984, the earlier conviction would be admissible of the fact that the defendant had committed the offence, and if the conviction was proved the burden would then shift to the defendant to prove on the balance of probabilities that he was not guilty of murder.”
WLR Daily, 18th December 2012
Source: www.iclr.co.uk
“The obligation on a local authority to invite proposals to establish academies under section 6A of the Education Act 2006, as amended, was triggered if a local authority thought there was a need to establish a new school in their area. It was implicit in the scheme of Part 2 of the 2006 Act that there was a distinction between the concept of a “need”, which imported a sense of compelling requirement to establish a new school under section 6A, and a more general assessment by a local authority whether it might be beneficial for a new school to be established.”
WLR Daily, 14th December 2012
Source: www.iclr.co.uk
Supreme Court
Societe Generale, London Branch v Geys [2012] UKSC 63 (19 December 2012)
Kinloch v Her Majesty’s Advocate (Scotland) [2012] UKSC 62 (19 December 2012)
Court of Appeal (Civil Division)
Football Association Premier League Ltd v QC Leisure & Ors [2012] EWCA Civ 1708 (20 December 2012)
Miah v Secretary of State for the Home Department [2012] EWCA Civ 1719 (20 December 2012)
M (Children), Re [2012] EWCA Civ 1710 (20 December 2012)
Crossland v University of Glamorgan [2012] EWCA Civ 1709 (20 December 2012)
Aviva Insurance Ltd v Hackney Empire Ltd [2012] EWCA Civ 1716 (19 December 2012)
Royds LLP v Pine [2012] EWCA Civ 1734 (19 December 2012)
Sayers v Chelwood & Anor [2012] EWCA Civ 1715 (19 December 2012)
High Court (Administrative Court)
Patel v General Medical Council [2012] EWHC 3688 (Admin) (20 December 2012)
Nastase v Office of the State Prosecutor, Trento, Italy [2012] EWHC 3671 (Admin) (20 December 2012)
ST v Secretary of State for Home Department [2012] EWHC 988 (Admin) (20 December 2012)
Tinkler v Solicitors Regulation Authority [2012] EWHC 3645 (Admin) (19 December 2012)
High Court (Chancery Division)
WH Newson Holding Ltd & Ors v IMI Plc & Ors [2012] EWHC 3680 (Ch) (19 December 2012)
High Court (Patents Court)
High Court (Queen’s Bench Division)
City of Westminster v Addbins Ltd
& Ors [2012] EWHC 3716 (QB) (20 December 2012)
Source: www.bailii.org
Kinloch v HM Advocate: [2012] UKSC 62; [2012] WLR (D) 385
“Since unauthorised police surveillance of a person engaged in criminal activity in public places did not infringe that person’s right to respect for his private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Lord Advocate, in adducing evidence obtained by means of such unauthorised surveillance at the trial of that person, had not acted incompatibly with his right to a fair trial under article 6(1) of the Convention, and had accordingly acted within his powers under section 57(2) of the Scotland Act 1998, as amended. However, the question whether the police had acted incompatibly with a Convention right was not a devolution issue within paragraph 1(d) of Schedule 6 to the Scotland Act 1998 and therefore could not be determined under the Supreme Court’s devolution jurisdiction.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Space Airconditiong plc v Guy and another: [2012] EWCA Civ 1664; [2012] WLR (D) 384
“Where a judge had been informed by counsel that he had reached his decision by an obvious mistake of fact in his handed down judgment and had admitted it to be so, then, unless there was a very good reason not to do so, the judge had a duty to correct his judgment to put the record right.”
WLR Daily, 14th December 2012
Source: www.iclr.co.uk
Mastafa v Her Majesty’s Treasury: [2012] EWHC 3578 (Admin); [2012] WLR (D) 383
“An appeal brought under section 26 of the Terrorist Asset-Freezing etc Act 2010 involved the determination of the appellant’s ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 13th December 2012
Source: www.iclr.co.uk
Pensions Ombudsman v EMC Europe Ltd and others: [2012] EWHC 3508 (Ch); [2012] WLR (D) 382
“The Pensions Ombudsman had no jurisdiction to entertain a complaint by a scheme member to set aside a compromise agreement where successful determination of the complaint would adversely affect the rights of the parent company in circumstances where it was a necessary party to any claim to set aside the agreement but was not subject to the ombudsman’s jurisdiction.”
WLR Daily, 14th December 2012
Source: www.iclr.co.uk
Freetown Ltd v Assethold Ltd: [2012] EWCA Civ 1657; [2012] WLR (D) 379
“Service of a party wall award pursuant to section 15(1) of the Party Wall etc Act 1996 was effective from the date the award was received or deemed to have been received by a party.”
WLR Daily, 14th December 2012
Source: www.iclr.co.uk
Court of Appeal (Criminal Division)
Donovan & Anor v R. [2012] EWCA Crim 2749 (18 December 2012)
Clift v R. [2012] EWCA Crim 2750 (18 December 2012)
Court of Appeal (Civil Division)
Ace European Group & Ors v Standard Life Assurance Ltd [2012] EWCA Civ 1713 (18 December 2012)
High Court (Queen’s Bench Division)
The Insight Group Ltd & Anor v Kingston Smith (a firm) [2012] EWHC 3644 (QB) (18 December 2012)
Bulic v Harwoods & Ors [2012] EWHC 3657 (QB) (18 December 2012)
High Court (Chancery Division)
Ansa Logistics Ltd v Towerbeg Ltd & Ors [2012] EWHC 3651 (Ch) (18 December 2012)
High Court (Administrative Court)
Moss & Son Ltd v Crown Prosecution Service (Rev 1) [2012] EWHC 3658 (Admin) (18 December 2012)
Source: www.bailii.org
Court of Appeal (Civil Division)
Olympic Airlines SA v ACG Acquisition XX LLC [2012] EWCA Civ 1659 (17 December 2012)
High Court (Chancery Division)
Entrust Pension Ltd v Prospect Hospice Ltd [2012] EWHC 3640 (Ch) (17 December 2012)
High Court (Queen’s Bench Division)
Threlfall v ECD Insight Ltd & Anor [2012] EWHC 3543 (QB) (17 December 2012)
Dar v Vonsak & Anor [2012] EWHC 3632 (QB) (17 December 2012)
Horner v Allison & Anor [2012] EWHC 3626 (QB) (17 December 2012)
High Court (Administrative Court)
Source: www.bailii.org
Court of Appeal (Criminal Division)
MH v R [2012] EWCA Crim 2725 (14 December 2012)
Merlin Attractions Operations Ltd R. [2012] EWCA Crim 2670 (13 December 2012)
Court of Appeal (Civil Division)
Charles v Tesco Stores Ltd [2012] EWCA Civ 1663 (14 December 2012)
Space Airconditioning Plc v Guy & Anor [2012] EWCA Civ 1664 (14 December 2012)
Freetown v Assethold Ltd [2012] EWCA Civ 1657 (14 December 2012)
Smith & Nephew Plc v Convatec Technologies Inc [2012] EWCA Civ 1638 (14 December 2012)
Bramston v Haut [2012] EWCA Civ 1637 (14 December 2012)
High Court (Chancery Division)
The Pensions Ombudsman v EMC Europe Ltd & Ors [2012] EWHC 3508 (Ch) (14 December 2012)
High Court (Administrative Court)
High Court (Family Division)
R (a Child), Re [2012] EWHC 2956 (Fam) (24 October 2012)
High Court (Commercial Court)
Cavendish Square Holdings BV & Anor v El Makdessi [2012] EWHC 3582 (Comm) (14 December 2012)
Novoship (UK) Ltd & Ors v Mikhaylyuk & Ors [2012] EWHC 3586 (Comm) (14 December 2012)
Source: www.bailii.org
Court of Appeal (Civil Division)
Devanney v London Borough of Hounslow [2012] EWCA Civ 1660 (13 December 2012)
Bank of Scotland v Qutb [2012] EWCA Civ 1661 (13 December 2012)
Durham County Council v Dunn [2012] EWCA Civ 1654 (13 December 2012)
Mirador International LLC v MF Global UK Ltd [2012] EWCA Civ 1662 (13 December 2012)
High Court (Administrative Court)
Mastafa v HM Treasury [2012] EWHC 3578 (Admin) (13 December 2012)
High Court (Chancery Division)
HFI Farnborough Llp & Ors v Park Garage Group Plc [2012] EWHC 3577 (Ch) (13 December 2012)
High Court (Commercial Court)
Minerva Navigation Inc v Oceana Shipping AG [2012] EWHC 3608 (Comm) (13 December 2012)
Dalmare SpA v Union Maritime Ltd & Anor [2012] EWHC 3537 (Comm) (13 December 2012)
Source: www.bailii.org
“The identity of a third party and the allegations of sexual abuse which she made in confidence against the father of a child who was the subject of contact proceedings would be disclosed in those proceedings since to do so would not violate her right to protection from inhuman or degrading treatment under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and would be a proportionate interference with her right to respect for her private life under article 8, since it was justified by the need to protect the parents’ and child’s rights to a fair trial and respect for their family life, guaranteed by articles 6 and 8 of the Convention.”
WLR Daily, 12th December 2012
Source: www.iclr.co.uk
“A legal expenses insurer could seek to limit the level of costs and expenses payable under an insurance policy in respect of a solicitor’s services for which it was liable to the insured provided that the freedom to choose a lawyer guaranteed by Council Directive 87/344/EEC, as transposed into English law by regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990, was not rendered meaningless.”
WLR Daily, 12th December 2012
Source: www.iclr.co.uk
Nottinghamshire County Council v Suffolk County Council: [2012] EWCA Civ 1640; [2012] WLR (D) 376
“The local authority responsible for providing financial and other support for a child under the Children Act 1989 was any authority which looked after the child or, if the child was not a looked after child, the local authority in whose area the child was living.”
WLR Daily, 11th December 2012
Source: www.iclr.co.uk
“There was no general bar in principle to the award of general damages for emotional distress where a freezing order was wrongly obtained but any such award would be sensitive to the facts of a particular case.”
WLR Daily, 11th December 2012
Source: www.iclr.co.uk
White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374
“A public authority which had acted ultra vires could not rely on the unlawfulness of its own act in order to found a criminal prosecution.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
Light on Line Ltd v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB); [2012] WLR (D) 373
“Service of a redacted insurance certificate as proof of “the amount of the premium paid or payable” in a claim for an additional liability on a detailed assessment of costs was sufficient to comply with paragraph 32.5(2)(c) of the Costs Practice Direction supplementing CPR Pts 43–48.”
WLR Daily, 29th November 2012
Source: www.iclr.co.uk
Supreme Court
Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61 (12 December 2012)
A (A Child), Re [2012] UKSC 60 (12 December 2012)
X v Mid Sussex Citizens Advice Bureau & Anor [2012] UKSC 59 (12 December 2012)
Court of Appeal (Civil Division)
Novartis AG v Generics (UK) Ltd (t/a Mylan) [2012] EWCA Civ 1623 (12 December 2012)
Cammish v Hughes [2012] EWCA Civ 1655 (12 December 2012)
Davisons Solicitors (a firm) v Nationwide Building Society [2012] EWCA Civ 1626 (12 December 2012)
Alliance Bank JSC v Aquanta Corporation & Ors [2012] EWCA Civ 1588 (12 December 2012)
Brown- Quinn & Anor v Equity Syndicate Management Ltd & Anor [2012] EWCA Civ 1633 (12 December 2012)
AM v Secretary of State for the Home Department [2012] EWCA Civ 1634 (12 December 2012)
High Court (Queen’s Bench)
Ford & Warren v Warring- Davies [2012] EWHC 3523 (QB) (12 December 2012)
High Court (Administrative Court)
High Court (Commercial Court)
Source: www.bailii.org
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