Trade Marks and Passing Off: Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd – NIPC Law

Posted March 2nd, 2015 in intellectual property, news, trade marks by sally

‘The Lincolnshire town of Grantham educated one of the world’s greatest scientists and the first woman to be British prime minister (see “Frit” – Merck Sharp Dohme Corp v Teva Pharma BV 25 March 2012). It has a magnificent parish church and is home to Chantry Dance Company which is very special to me as you will see from the last video clip in Chantry Dance Company’s Sandman and Dream Dance 10 May 2014 Terpsichore if you read that far. It has a pub called The Beehive with a real beehive for the pub sign (how’s that for imaginative branding). Each Autumn it holds a science and arts festival in honour of Sir Isaac Newton called Gravity Fields (see Gravity Fields Festival – there’s much more to Grantham than Mrs T 8 Aug 2014 East Midlands IP).’

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NIPC Law, 28th February 2015

Source: www.nipclaw.blogspot.co.uk

Multimillionaire divorce husband ‘not on same planet’, judge says – Daily Telegraph

Posted March 2nd, 2015 in divorce, financial dispute resolution, financial provision, news by sally

‘US businessman Randy Work told the High Court he was not willing to pay his estranged wife any of his £150m fortune.’

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Daily Telegraph, 27th February 2015

Source: www.telegraph.co.uk

Appeal judges reject bid for costs in case that started out in small claims court – Litigation Futures

Posted March 2nd, 2015 in appeals, civil procedure rules, costs, insurance, news, small claims by sally

‘A claimant who took a credit hire case from the small claims court all the way to the Court of Appeal must pay her own costs because the defendant insurer’s behaviour was not “unreasonable”, appeal judges have ruled.’

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Litigation Futures, 2nd March 2015

Source: www.litigationfutures.com

Alternative dispute resolution – Law Society’s Gazette

Posted March 2nd, 2015 in assault, civil procedure rules, costs, damages, delay, dispute resolution, false imprisonment, human rights, malicious prosecution, news by sally

‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’

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Law Society’s Gazette, 2nd March 2015

Source: www.lawgazette.co.uk

Court of Appeal rules on police duty to suspects in detention – UK Human Rights Blog

Posted March 2nd, 2015 in appeals, civil procedure rules, Crown Prosecution Service, detention, duty of care, false imprisonment, human rights, interpretation, malicious prosecution, news, passports, police, time limits by sally

‘In a recent judgment, the Court of Appeal held that where a criminal suspect is remanded in custody, Article 5 of the Convention requires the police to notify the court as soon as possible if there is no longer a reasonable basis for suspecting them. It also held that the police and CPS must aid the court in observing its duty to show ‘special diligence’ in managing a suspect’s detention, by investigating the case conscientiously and by promptly bringing relevant material to the court’s attention.’

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UK Human Rights Blog, 27th February 2015

Source: www.ukhumanrightsblog.com

Selling to government – changes that will make things easier – Technology Law Update

Posted March 2nd, 2015 in contracts, documents, news, public procurement, time limits by sally

‘Do you provide services to public sector bodies? Do you want to? Whether your customer or target is part of government, or an independent publicly-funded institution such as a hospital or university, you should be aware of the Public Contracts Regulations 2015. These changes, the majority of which came into force this week, offer greater flexibility in public authority purchasing and increased visibility and supplier access.’

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Technology Law Update, 27th February 2015

Source: www.technology-law-blog.com

Appeal court sets ‘lowest reasonable rate’ test for credit hire charges – Litigation Futures

Posted March 2nd, 2015 in appeals, insurance, news, road traffic, Supreme Court by sally

‘The insurance industry today claimed they had achieved a major success after the Court of Appeal ruled that judges evaluating credit hire claims involving pecunious claimants should adopt the “lowest reasonable rate”.’

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Litigation Futures, 26th February 2015

Source: www.litigationfutures.com

Enforced subject access: what you need to know about section 56 of the Data Protection Act – Halsbury’s Law Exchange

Posted March 2nd, 2015 in criminal records, data protection, employment, enforcement, news by sally

‘Under Section 56 of the Data Protection Act 1998 (DPA), it will soon be a criminal offence for an employer or other third party to require a data subject to supply records obtained through a subject access request. An employer, or a supplier of goods and services, cannot therefore make employment or provision of goods and services conditional on a data subject making a subject access request and providing their records.’

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Halsbury’s Law Exchange, 26th February 2015

Source: www.halsburyslawexchange.co.uk

Their crimes provoke repulsion but it is our duty to rehabilitate sex offenders – The Guadian

Posted March 2nd, 2015 in news, prisons, probation, recidivists, rehabilitation, sexual offences, statistics by sally

‘In the wake of Stoke Mandeville’s report on Jimmy Savile, an award-winning project that works with prisoners has cut reoffending rates by 83%.’

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The Guardian, 1st March 2015

Source: www.guardian.co.uk

Judge dismisses case after Muslim swears oath on Bible – Daily Telegraph

Posted March 2nd, 2015 in evidence, Islam, judges, news, oaths, robbery by sally

‘Judge regrets stopping trial because Muslim man gave evidence having sworn on the Bible instead of the Koran.’

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Daily Telegraph, 27th February 2015

Source: www.telegraph.co.uk

Al-Sweady file exposes the smearing of British soldiers – Daily Telegraph

Posted March 2nd, 2015 in armed forces, costs, death in custody, evidence, government departments, human rights, inquiries, Iraq, law firms, murder, news, solicitors, torture, witnesses by sally

‘Evidence drawn up on David Cameron’s orders alleges that Public Interest Lawyers continued to pursue torture and murder claims for a year after realising that they may be “untrue”.’

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Daily Telegraph, 1st March 2015

Source: www.telegraph.co.uk

Sixty five young adults and teenagers have died in prison in last four years, report finds – The Independent

Posted March 2nd, 2015 in death in custody, mental health, news, prisons, standards, statistics, suicide by sally

‘Sixty five young adults and teenagers have died in prison in four years, a new report reveals.’

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The Independent, 2nd March 2015

Source: www.independent.co.uk

New drug-driving laws UK: Which substances are limited and what are the consequences? – The Independent

Posted March 2nd, 2015 in drug offences, news, prosecutions, road traffic offences by sally

‘New rules on driving under the effects of drugs will come into effect from tomorrow.’

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The Independent, 1st March 2015

Source: www.independent.co.uk

Serious case review slams police failure in serial abuse of Oxford girls – The Guardian

Posted March 2nd, 2015 in child abuse, children, local government, news, police, sentencing, sexual grooming, sexual offences, social services, statistics, trafficking in human beings by sally

‘More than 300 young people have been groomed and sexually exploited by gangs of men in Oxfordshire in the past 15 years, a damning report into the failures of police and social services to stop years of sexual torture, trafficking and rape will reveal, the Guardian has learned.’

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The Guardian, 1st March 2015

Source: www.guardian.co.uk

Gary Glitter jailed for 16 years – BBC News

Posted February 27th, 2015 in attempts, child abuse, news, rape, sentencing, sexual offences by sally

‘Former pop star Gary Glitter has been jailed for a total of 16 years for sexually abusing three young girls between 1975 and 1980.’

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BBC News, 27th February 2015

Source: www.bbc.co.uk

The Big Fat Gypsy Judicial Review – UK Human Rights Blog

Posted February 27th, 2015 in codes of practice, complaints, human rights, media, news, privacy, racism, travellers by sally

‘Traveller Movement v Ofcom and Channel 4, [2015] EWHC 406 (Admin), 20 February 2015. One of the nation’s great televisual fascinations last week became the unlikely subject of an Administrative Court judgment that demonstrates the limits of common law standards of fairness, as well as the lightness of touch applied by the courts when reviewing the decision-making of the media regulator.’

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UK Human Rights Blog, 26th February 2015

Source: www.ukhumanrightsblog.com

Supreme Court – the right to be on the beach – UK Human Rights Blog

Posted February 27th, 2015 in commons, harbours, land registration, news by sally

‘The Queen (on the application of Newhaven Port and Properties Limited) v East Sussex County Council and Newhaven Town Council [2015] SC 7 25 February 2015.
Late February is not necessarily the best time of year for a bit of UK sea swimming. But the Supreme Court has just come out with interesting judgments about whether there is a right to go to the beach and swim from it. For reasons I shall explain, they were anxious not to decide the point, but there are some strong hints, particularly in the judgment of Lord Carnwath as to what the right answer is, though some hesitation as to how to arrive at that answer.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Digital ‘Make A Plea’ system means people can choose where and when they plead – Ministry of Justice

Posted February 27th, 2015 in electronic filing, pleadings, press releases by sally

‘A new digital service will allow people charged with minor motoring offences to make a plea online at a time and place of their choosing.’

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Ministry of Justice, 26th February 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Home Secretary announces investigation into collapsed police trial – Home Office

Posted February 27th, 2015 in disclosure, miscarriage of justice, murder, police, press releases, prosecutions by sally

‘A QC-led investigation into the collapse of a police trial following the wrongful conviction of three people for the murder of Lynette White.’

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Home Office, 26th February 2015

Source: www.gov.uk/home-office

Bar Council backs MoJ U-turn on funding for DNA parentage testing – The Bar Council

Posted February 27th, 2015 in DNA, family courts, legal aid, paternity, press releases by sally

‘The Ministry of Justice’s decision to reinstate funding for DNA tests that determine parentage in family court cases was the right thing to do, says the Bar Council after Justice Minister Simon Hughes announced funds for between £500,000 and £1m a year to pay for tests.’

Full press release

The Bar Council, 23rd February 2015

Source: www.barcouncil.org.uk