Dalsouple Societe Saumuroise du Caoutchouc v Dalsouple Direct Ltd and another – WLR Daily

Posted December 4th, 2014 in consent, EC law, law reports, news, standard of proof, trade marks by sally

Dalsouple Societe Saumuroise du Caoutchouc v Dalsouple Direct Ltd and another [2014] EWHC 3963 (Ch); [2014] WLR (D) 511

‘A person consenting to the registration of a trade mark for the purposes of article 4(5) of Parliament and Council Directive 2008/95/EC must unequivocally demonstrate his intention to renounce his rights. An express statement of consent would satisfy that requirement.’

WLR Daily, 1st December 2014

Source: www.iclr.co.uk

Regina v Avanzi – WLR Daily

Regina v Avanzi [2014] extempore; [2014] WLR (D) 55

‘When at issue, the burden of proving incapacity under the Sexual Offences Act 2003 fell on the party asserting it, namely the Crown, who had to discharge the burden to the criminal standard of proof and make the jury sure the complainant did not have the capacity to consent.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Court of Appeal to rule on standard of proof in ‘follow the settlement’ clause dispute – OUT-LAW.com

Posted January 31st, 2014 in insurance, law reports, standard of proof by sally

‘The Court of Appeal is to consider the standard of proof to be applied in unqualified ‘follow the settlement’ clauses in deciding whether a claim falls within the risks covered by the reinsurance policy following a recent High Court judgment.’

Full story

OUT-LAW.com, 30th January 2014

Source: www.out-law.com

Proving Match Fixing: Lessons from the Stephen Lee case – Sports Law Bulletin from Blackstone Chambers

“The career-ending 12 year ban imposed on World No.8 snooker player Stephen Lee in September this year shook the snooker world. But the Decision of the sports disciplinary tribunal holds an important lesson for the fight against sport-fixing more generally.”

Full story

Sports Law Bulletin from Blackstone Chambers, 18th November 2013

Source: www.sportslawbulletin.org

Children: Public Law Update (April 2013) – Family Law Week

“John Tughan, barrister of 4 Paper Buildings, examines two important recent judgments: the Supreme Court’s decision in J (Children) and the Court of Appeal’s in M (A Child).”

Full story

Family Law Week, 18th April 2013

Source: www.familylawweek.co.uk

In re J (Children) (Care Proceedings: Standard of Proof) – WLR Daily

Posted April 5th, 2012 in child abuse, children, law reports, standard of proof by sally

In re J (Children) (Care Proceedings: Standard of Proof) [2012] EWCA Civ 380; [2012] WLR (D) 111

In looking to the threshold criteria identified within section 31 of the Children Act 1989, and addressing the problem of the unidentified perpetrator of violence to a child or children where the pool of perpetrators was limited, the courts had to apply, with great care, the authorities in the Court of Appeal and Supreme Court, where it was mooted that such authority was not compatible with certain decisions of the House of Lords.

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

In re S-B (Children) (Care Proceedings: Standard of Proof) – WLR Daily

In re S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17; [2009] WLR (D) 365

“The test to be applied to the identification of a potential perpetrator, out of a pool of two or more potential perpetrators, who might have caused harm to a child was the balance of probabilities and that standard of proof did not vary according to the gravity of the misconduct alleged or the seriousness of the consequences for the persons concerned.”

WLR Daily, 15th December 2009

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.

A web page can be prior art without its authenticity being proved ‘up to the hilt’ – OUT-LAW.com

Posted July 8th, 2009 in internet, news, patents, standard of proof by sally

“An online news story that described a bank’s method for authenticating website visitors was valid evidence of prior art, the UK Intellectual Property Office (IPO) has ruled. The date on the web page could be taken at face value, it said.”

Full story

OUT-LAW.com, 7th July 2009

Source: www.out-law.com

R (O’Connor) v HM Coroner for the District of Avon (Visser intervening) – WLR Daily

Posted May 11th, 2009 in inquests, insanity, law reports, standard of proof by sally

R (O’Connor) v HM Coroner for the District of Avon (Visser intervening) [2009] EWHC 854 (Admin); [2009] WLR(D); [2009] WLR (D) 150

The test for a verdict of unlawful killing was not exclusively objective, it being necessary to find at least the mental element necessary for a criminal conviction of assault; and insanity, if properly raised on the evidence, had to be disproved to the criminal standard to sustain such a verdict.”

WLR Daily, 8th May 2009

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.

Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others – Times Law Reports

Posted March 18th, 2009 in human rights, law reports, school exclusions, standard of proof by sally

Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others

Queen’s Bench Division

“The permanent exclusion of a child from a particular school did not engage the fair trial provisions protected by article 6 of the European Convention on Human Rights; the standard of proof in establishing facts was the balance of probabilities.”

The Times, 18th March 2009

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.

Beyond reasonable doubt – BBC News

Posted March 11th, 2009 in magistrates, news, standard of proof by sally

“Magistrates dealing with criminal offences are ‘case-hardened’ and may not properly apply the correct standard of proof, a prominent barrister claims.”

Full story

BBC News, 10th March 2009

Source: www.bbc.co.uk

Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks – Times Law Reports

Posted December 10th, 2008 in law reports, patents, standard of proof by sally

Blacklight Power v Comptroller-General of Patents, Designs and Trade Marks

Chancery Division

“The correct standard of proof for establishing patentability was the balance of probabilities.”

The Times, 10th December 2008

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.

Blacklight Power Inc v Comptroller-General of Patents – WLR Daily

Posted November 20th, 2008 in law reports, patents, standard of proof by sally

Blacklight Power Inc v Comptroller-General of Patents [2008] EWHC 2763 (Pat); [2008] WLR (D) 360

“The correct standard of proof that an applicant was required to satisfy to establish patentability was the balance of probabilities.”

WLR Daily, 19th November 2008

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.

Commissioners of Revenue and Customs v Khawaja – Times Law Reports

Posted October 20th, 2008 in income tax, law reports, negligence, standard of proof by sally

Commissioners of Revenue and Customs v Khawaja

Chancery Division

“There was no reason in principle why the civil standard of proof should not apply on a challenge to an assessment of penalty for the negligent submission of income tax returns.”

The Times, 20th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only avaialbe free on Times Online for 21 days from the date of publication. 

Life Sentence Review Commissioners v D – Times Law Reports

Posted June 24th, 2008 in law reports, special report, standard of proof by sally

Life Sentence Review Commissioners v D

House of Lords

“The standard of proof to be established when the Life Sentence Review Commissioners were considering whether a prisoner who had served his tariff was no longer a risk to the public was the balance of probabilities.”

The Times, 24th June 2008

Source: www.times.online.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 (Children) (Care orders: Standard of proof) – Times Law Reports

Posted June 12th, 2008 in care orders, law reports, standard of proof by sally

In re B (Children) (Care orders: Standard of proof)

House of Lords

“The standard of proof necessary to establish the threshold for making a care order was the simple balance of probabilities. Neither the seriousness of any allegations nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts.”

The Times, 12th June 2008

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.

Life Sentence Review Commissioners v Doherty (Secretary of State for Northern Ireland intervening) – WLR Daily

Posted June 11th, 2008 in law reports, sentencing, standard of proof by sally

Life Sentence Review Commissioners v Doherty (Secretary of State for Northern Ireland intervening) [2008] UKHL 33; [2008] WLR (D) 187

“The standard of proof to be established when the Life Sentence Review Commissioners were considering whether a prisoner who had served the tariff on his life sentence should be released, was the civil standard of the balance of probabilities.”

WLR Daily, 11th June 2008

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.

In re B (Minors) (Sexual Abuse: Standard of Proof) – WLR Daily

Posted June 11th, 2008 in care orders, child abuse, law reports, standard of proof by sally

In re B (Minors) (Sexual Abuse: Standard of Proof) [2008] UKHL 35; [2008] WLR (D) 186

“The standard of proof to be applied when establishing the threshold for making a care order under s 31(2) or the welfare considerations under s 1 of the Children Act 1989 was the simple balance of probabilities and neither the seriousness of the allegations nor the seriousness of the consequences should make any difference to the standard of proof in determining the facts.”

WLR Daily, 11th June 2008

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.

Regina v Davies (Gareth) – Times Law Reports

Posted May 19th, 2008 in law reports, murder, sentencing, standard of proof by sally

Regina v Davies (Gareth)

Court of Appeal (Criminal Division)

“A judge deciding whether aggravating features existed to increase the appropriate starting point for the minimum term of a mandatory life sentence should apply the same standard of proof as that applied by the jury in reaching their verdict.”

The Times, 19th May 2008

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.