Nestlé foiled by Cadbury as it loses bid to trademark KitKat bar – The Independent

Posted May 18th, 2017 in appeals, food, intellectual property, news, trade marks by sally

‘KitKat-maker Nestlé has been foiled again, after a UK Court of Appeal ruled that the consumer goods giant cannot trademark the shape of its popular four-fingered chocolate bar.’

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The Independent, 17th may 2017

Source: www.independent.co.uk

Finance and Divorce Update, May 2017 – Family Law Week

Posted May 18th, 2017 in adoption, appeals, bills, civil partnerships, divorce, financial provision, news by sally

‘Frances Bailey, Principal Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during April 2017.’

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Family Law Week, 12th may 2017

Source: www.familylawweek.co.uk

Ex-mayor of Tower Hamlets challenges election court ruling – The Guardian

Posted May 18th, 2017 in corruption, disqualification, elections, local government, London, news by sally

‘The former mayor of Tower Hamlets Lutfur Rahman has launched a legal challenge to a court ruling that bans him from standing for election.’

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The Guardian, 17th May 2017

Source: www.guardian.co.uk

Actress Elizabeth Hurley awarded phone-hacking damages – BBC News

Posted May 18th, 2017 in damages, interception, media, news, privacy, telecommunications by sally

‘Elizabeth Hurley has received “substantial” damages and an apology from Mirror Group Newspapers (MGN) over phone-hacking.’

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BBC News, 17th May 2017

Source: www.bbc.co.uk

Inquiry launched into targeting of UK voters through social media – The Guardian

Posted May 18th, 2017 in advertising, elections, inquiries, internet, news, political parties by sally

‘The information commissioner has launched an investigation into the way UK political parties target voters through social media with a warning that if they send political messages to people based on their individual data, they could be breaking the law.’

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Daily Telegraph, 17th May 2017

Source: www.telegraph.co.uk

BT faces new fine over Openreach delays – Daily Telegraph

Posted May 18th, 2017 in delay, fines, internet, news, telecommunications by sally

‘BT faces another fine for service failures in its Openreach business, after customers for high speed ethernet lines suffered delays of more than six months.’

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Daily Telegraph, 17th May 2017

Source: www.telegraph.co.uk

Man arrested over PC Yvonne Fletcher shooting released – BBC News

Posted May 18th, 2017 in conspiracy, murder, news, police, prosecutions by sally

‘A man arrested on suspicion of conspiracy to murder PC Yvonne Fletcher three decades ago has been released without charge.’

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BBC News, 16th May 2017

Source: www.bbc.co.uk

Divorce should be separate from money battles, says top judge – The Guardian

Posted May 18th, 2017 in divorce, financial provision, judges, news by sally

‘The process of obtaining a divorce should be completely separated from a couple’s disputes over money, according to the most senior family judge in England and Wales. Referring to the government’s “lamentable history of procrastination” in reforming divorce laws, Sir James Munby called for the streamlining of new online divorce procedures.’

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Full text of the latest view from the President’s chambers

The Guardian, 17th May 2017

Source: www.guardian.co.uk

Inmate who slit throat of prisoner who attacked Soham killer jailed for life – BBC News

Posted May 18th, 2017 in attempted murder, attempts, murder, news, prisons, sentencing by sally

‘A prisoner who slit the throat of a fellow inmate who had himself attempted to murder Soham child killer Ian Huntley has been jailed for life.’

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BBC News, 17th May 2017

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 17th, 2017 in law reports by sally

Supreme Court

LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of & Ors [2017] UKSC 38 (17 May 2017)

Court of Appeal (Civil Division)

Societe Des Produits Nestle SA v Cadbury UK Ltd [2017] EWCA Civ 358 (17 May 2017)

Vanden Recycling Ltd v Kras Recycling BV [2017] EWCA Civ 354 (17 May 2017)

ABC v St George’s Healthcare NHS Trust & Ors [2017] EWCA Civ 336 (16 May 2017)

J C and A Solicitors Ltd v Andeen Iqbal & Anor [2017] EWCA Civ 355 (16 May 2017)

FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 (12 May 2017)

Ashfaq v International Insurance Company of Hannover Plc [2017] EWCA Civ 357 (12 May 2017)

Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA Civ 356 (12 May 2017)

High Court (Administrative Court)

Westminster City Council v Owadally & Anor [2017] EWHC 1092 (Admin) (17 May 2017)

Edward v Royal Borough of Greenwich [2017] EWHC 1112 (Admin) (17 May 2017)

Edward, R (on the application of) v Royal Borough of Greenwich [2017] EWHC 1113 (Admin) (17 May 2017)

Jones, R (on the application of) v The Secretary of State for Business, Energy and Industrial Strategy [2017] EWHC 1111 (Admin) (16 May 2017)

Kowalski v Regional Court In Bielsko-Biala, Poland [2017] EWHC 1044 (Admin) (11 May 2017)

High Court (Chancery Division)

O’Keefe & Anor (In Their Capacity As Joint Liquidators of Level One Residential (Jersey) Ltd and Special Opportunity Holdings Ltd) v Caner & Ors [2017] EWHC 1105 (Ch) (15 May 2017)

Taylor v Taylor & Anor [2017] EWHC 1080 (Ch) (12 May 2017)

Bath v Escott [2017] EWHC 1101 (Ch) (11 May 2017)

BHS Group Ltd v Retail Acquisitions Ltd [2017] EWHC 1057 (Ch) (05 May 2017)

High Court (Commercial Court)

Pan Petroleum AJE Ltd v Yinka Folawiyo Petroleum Co Ltd & Ors [2017] EWHC 1102 (Comm) (12 May 2017)

Gard Shipping AS v Clearlake Shipping PTE Ltd [2017] EWHC 1091 (Comm) (12 May 2017)

High Court (Family Division)

FF v KF [2017] EWHC 1093 (Fam) (12 May 2017)

High Court (Queen’s Bench Division)

Noble Caledonia Ltd v Air Niugini Ltd [2017] EWHC 1095 (QB) (12 May 2017)

The Secretary of State for Justice the Lord Chancellor v SVS Solicitors [2017] EWHC 1045 (QB) (11 May 2017)

High Court (Technology and Construction Court)

Findcharm Ltd v Churchill Group Ltd [2017] EWHC 1108 (TCC) (12 May 2017)

Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017] EWHC 1066 (TCC) (11 May 2017)

Source: www.bailii.org

The Unassailable Business Case by Antony Sendall – Littleton Chambers

Posted May 17th, 2017 in dispute resolution, employment, news by sally

‘I am going to stick my neck out and suggest that workplace mediation offers perhaps the largest untapped opportunity for cost-cutting and improving profitability in business in the UK today. The many benefits of a mediation culture, including lower levels of conflict, improved morale, improved staff retention and even improved relations with suppliers and customers are really important and are a big part of that business case, but are outside the scope of this article. I am going to focus here just on the cost savings in terms of management and HR time.’

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Littleton Chambers, 28th April 2017

Source: www.littletonchambers.co.uk

Immigration: what to expect from the main parties – Law Society’s Gazette

Posted May 17th, 2017 in elections, immigration, news, political parties by sally

‘On 18 April 2017, despite previous assertions to the contrary, Theresa May called an early general election for 8 June. The unexpected move was intended to bolster the prime minister’s support in parliament as she leads the UK into Brexit negotiations. The decision also left opposition parties little more than seven weeks to attempt to mount successful campaigns.’

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Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

Society tells attorney general: open advocacy panels to solicitors – Law Society’s Gazette

Posted May 17th, 2017 in advocacy, government departments, news, solicitor advocates by sally

‘The Law Society has urged the attorney general to give a warmer welcome to solicitor advocates to carry out civil, EU and international work for the government.’

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Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

Spoilt for Choice? How to Pick the Right Mediator for the Job by Antony Sendall – Littleton Chambers

Posted May 17th, 2017 in dispute resolution, news by sally

‘Your choice of mediator will have a direct impact on the prospects of a successful mediation outcome. No mediator can guarantee success, but a good mediator should create an expectation of success.’

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Littleton Chambers, 2nd May 2017

Source: www.littletonchambers.com

A Question of Taste : The Supreme Court and the Interpretation of Contracts – Speech by Lord Sumption

Posted May 17th, 2017 in contracts, interpretation, news, Supreme Court by sally

A Question of Taste : T he Supreme Court and the Interpretation of Contracts (PDF)

Speech by Lord Sumption

Harris Society Annual Lecture, Keble College, Oxford, 8th May 2017

Source: www.supremecourt.uk

GP surgery administrator fined for illegally accessing patient records – Local Government Lawyer

Posted May 17th, 2017 in data protection, fines, guilty pleas, medical records, news by sally

‘A former NHS administrator has been ordered to pay nearly £800 in fines and costs after pleading guilty to unlawfully accessing patient records.’

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Local Government Lawyer, 17th May 2017

Source: www.localgovernmentlawyer.co.uk

Whistleblowers and journalists ‘at risk of prison’ in secrets law reform – Law Society’s Gazette

Posted May 17th, 2017 in civil servants, media, news, official secrets act, whistleblowers by sally

‘Proposals by the Law Commission to reform the 1989 Official Secrets Act (OSA) could lead to the imprisonment of civil servants and journalists for disclosing information that would be available to anyone asking for it under the Freedom of Information Act, a leading campaigner for freedom of information has said.’

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Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

Polkey and the Problem of “Definitely Maybe” – Littleton Chambers

‘Nicholas Siddall considers the recent decision of the EAT in Zebrowski-v-Concentric Birmingham Ltd [2017] UKEAT/0245/16/DA and analyses the guidance there to be found as regards the proper approach to a Polkey deduction.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

Top QC implied sex assault victim ‘bore responsibility’ – Law Society’s Gazette

‘A senior silk has been reprimanded after a disciplinary tribunal found that he implied that a woman who was sexually assaulted by her stepfather bore responsibility for the attack.’

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Law Society’s Gazette, 16th May 2017

Source: www.lawgazette.co.uk

Court of Appeal backs claimant solicitors in “£400 club” case – Litigation Futures

‘Solicitors who received the £400 stage 1 fixed-costs payment due under the original version of the RTA protocol do not have to repay the money even though no action was then taken on their cases, the Court of Appeal has ruled.’

Full story

Litigation Futures, 16th May 2017

Source: www.litigationfutures.com