Category: law reports
Procter and Gamble v Reckitt Benckiser (UK) Ltd – Times Law Reports
Whether Community design is infringed
Procter and Gamble v Reckitt Benckiser (UK) Ltd
Court of Appeal
“In determining whether there had been infringement of a registered European Community design, the court was obliged to adopt the standpoint of an informed user, who was more discriminating than the average consumer and was fairly familiar with design issues.”
The Times, 17th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Bee v Jenson (No 2) – Times Law Reports
Motorist can reclaim cost of hire car after accident
Court of Appeal
“A claimant whose car had been damaged by the defendant’s negligence could recover the reasonable cost of a replacement while his own car was being repaired even though the cost of that hire had been paid directly to the hire company by the claimant’s own insurers rather than by the claimant himself.”
The Times, 17th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Austin & Anor v Commissioner of Police of the Metropolis [2007] EWCA Civ 989 (15 October 2007)
L’Oreal SA & Ors v Bellure NV & Ors [2007] EWCA Civ 968 (10 October 2007)
Holmes-Moorhouse v London Borough of Richmond-Upon-Thames [2007] EWCA Civ 970 (10 October 2007)
Procter & Gamble Company v Reckitt Benckiser (UK) Ltd [2007] EWCA Civ 936 (10 October 2007)
Charman v Orion Group Publishing Group Ltd & Ors [2007] EWCA Civ 972 (10 October 2007)
Lawntown Ltd v Camenzuli & Anor [2007] EWCA Civ 949 (10 October 2007)
O’Byrne v Aventis Pasteur SA [2007] EWCA Civ 939 (09 October 2007)
Court of Appeal (Criminal Division)
Macfarlane, R. v [2007] EWCA Crim 2293 (12 October 2007)
Coleman & Anor v R [2007] EWCA Crim 2318 (10 October 2007)
High Court (Administrative Court)
Dimmock v Secretary of State for Education & Skills [2007] EWHC 2288 (Admin) (10 October 2007)
High Court (Chancery Division)
Kostic v Chaplin & Ors [2007] EWHC 2298 (Ch) (15 October 2007)
Oxford Legal Group Ltd v Sibbasbridge Services Plc & Anor [2007] EWHC 2265 (Ch) (09 October 2007)
Dellar v Zivy & Ors [2007] EWHC 2266 (Ch) (09 October 2007)
High Court (Commercial Court)
Pacific Maritime (Asia) Ltd. v Holystone Overseas Ltd. [2007] EWHC 2319 (Comm) (11 October 2007)
ED & F Man Sugar Ltd v Lendoudis [2007] EWHC 2268 (Comm) (10 October 2007)
Source: www.bailii.org
In re A (a Child) (Duty to seek reasons) – Times Law Reports
Counsel should seek reasons
In re A (a Child) (Duty to seek reasons)
Court of Appeal
“Before filing a notice of appeal, in cases of doubt, counsel had to ask the judge for amplification of his reasons, where that could solve an issue.”
The Times, 16th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
SES Contracting Ltd and Another v UK Coal plc and Others – Times Law Reports
Paying other party’s costs
SES Contracting Ltd and Another v UK Coal plc and Others
Court of Appeal
“On an application for disclosure before commencement of proceedings a respondent was ordinarily awarded his costs. A costs order requiring him to pay all the applicant’s costs could be made only where it was clearly unreasonable to oppose the application or where the manner of opposition was so unreasonable as to make it appropriate to bear all of both parties’ costs.”
The Times, 16th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Regina v Hamilton – Times Law Reports
Elements of outraging public decency
Court of Appeal (Criminal Division)
“The two-person rule applicable to the common-law offence of outraging public decency was capable of being satisfied if there were two or more persons present who were capable of seeing the nature of the act even if they did not actually see it.”
The Times, 16th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Rampion and another v Franfinance SA and another – WLR Daily
Rampion and another v Franfinance SA and another (Case C-429/05)
“A consumer’s right under certain conditions, under art 11(2) of Directive 87/102 on consumer credit, to pursue remedies against the provider of finance to him under a credit agreement, applied to a credit facility allowing credit on a number of occasions as well as credit for a single transaction, and the right could not be made conditional on the prior offer of credit naming the goods or services being financed.”
WLR Daily, 4th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Freeport plc v Arnoldsson (Case C-98/06) – WLR Daily
Freeport plc v Arnoldsson (Case C-98/06)
“The fact that claims brought against a number of defendants had different legal bases did not preclude application of the provision in art 6(1) of Regulation 44/2001 (the successor to the Brussels Convention of 1968) that in certain circumstances multiple defendants could be sued in the courts of the domicile of any of them.”
WLR Daily, 11th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Holmes-Moorhouse v Richmond-upon-Thames London Borough Council – WLR Daily
Holmes-Moorhouse v Richmond-upon-Thames London Borough Council [2007] EWCA Civ 970
“An uncontested order for shared residence made by consent by a judge in family proceedings was not determinative of the issue whether it was reasonable to expect the children whose residence was the subject of the order to live with the parent in whose favour it was made.”
WLR Daily, 10th October 2007
Source: www.lawreports.co.uk
Please note once as case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Lawntown Ltd v Camenzuli and another – WLR Daily
Lawntown Ltd v Camenzuli and another [2007] EWCA Civ 949
“Where the court was exercising its discretion under s 610(2) of the Housing Act 1985 to decide whether to vary a restrictive covenant to permit conversion of a single dwelling house into flats where planning permission had been granted there was no presumption, let alone duty, in favour of varying the covenant. It was left to the court to take account of all relevant factors and to carry out a balancing exercise, giving such weight as it judged appropriate to the various factors in the exercise of its discretion.”
WLR Daily, 10th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Soulsbury v Soulsbury – WLR Daily
Soulsbury v Soulsbury [2007] EWCA Civ 938
“An agreement whereby a wife waived her entitlement to periodical payments from her former husband under an order of court on the promise of her former husband to leave her £100,000 in his will was legally effective even though it had not been approved by the court.”
WLR Daily, 10th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Procter & Gamble Co v Reckitt Benckiser (UK) Ltd – WLR Daily
Procter & Gamble Co v Reckitt Benckiser (UK) Ltd [2007] EWCA Civ 936
“In considering an allegation of breach of a registered Community Design, the court should adopt the standpoint of an ‘informed user’ who was more familiar than the average consumer with design issues. Rather than relying on expert evidence, the court should look closely at the registered design and the allegedly infringing article and ask whether it produced a different overall impression.”
WLR Daily, 10th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R v Clark – WLR Daily
“A case management decision refusing to order an adjournment before trial or indeed at any time before the start of the summing up could constitute a terminating ruling against which a prosecutor could appeal.”
WLR Daily, 10th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily
O’Byrne v Aventis Pasteur MSD Ltd [2007] EWCA Civ 939
“A party could be substituted under s 35 of the Limitation Act 1980 where the ten-year limitation period for making a claim for damage caused by a defective product had expired, even where the correct party was known to the claimant before the limitation period expired, if the claimant had made a mistake about the name of the defendant and substitution was necessary for the purpose of determining the original action.”
WLR Daily, 10th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Sage (UK) Ltd v Bacco – Times Law Reports
Law reports in appeal papers
Employment Appeal Tribunal
“When lodging copies of authorities for the purposes of an appeal to the appeal tribunal, parties should ensure that where cases had been reported, those reports were copied in the bundle of authorities.”
The Times, 11th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Schwarz and Another v Finanzamt Bergisch Gladbach – Times Law Reports
Tax relief breaks EU law
Schwarz and Another v Finanzamt Bergisch Gladbach
Court of Justice of the European Communities
“The German law whereby tax relief on private school fees was available only for German schools was contrary to Community law.”
The Times, 11th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Daily Telegraph Law Reports, 11th October 2007
R (Lawson) v Stafford Magistrates’ Court
R (Hadfield) v Manchester Crown Court
Stenson & Others v West Dunbartonshire Council
R (Walton) v Commission for Social Care Inspection
Daily Telegraph, 11th October 2007
Source: www.telegraph.co.uk
Please note the Daily Telegraph Law Reports are only available online for one week.
Loyalty Management UK Ltd v Revenue and Customs Commissioners – Times Law Reports
Loyalty points operator is entitled to VAT credit
Loyalty Management UK Ltd v Revenue and Customs Commissioners
Court of Appeal
“The supply of goods or services made by the dealer or redeemer of consumer loyalty points to the collector or customer was, for the purpose of value-added tax, the supply of goods or services by the dealer to the operator of the scheme, who was therefore entitled to tax credits from the Revenue in respect of that supply or service.”
The Times, 10th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
In re B (a Child)(Relocation) – Times Law Reports
Power to restrict carer’s place of residence is exceptional
Court of Appeal
“The imposition by the court of a condition to a residence order restricting the primary carer’s right to choose where his or her place of residence within the United Kingdom was exceptional.”
The Times, 10th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
