Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same – WLR Daily

Posted June 24th, 2014 in banking, EC law, intellectual property, law reports, trade marks by sally

Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same (Joined Cases C-217/13 and C-218/13); ECLI:EU:C:2014:2012; [2014] WLR (D) 274

‘Article 3(1) and (3) of Parliament and Council Directive 2008/95/EC of 22 October 2008 to approximate the laws of the member states relating to trade marks precluded an interpretation of national law according to which, in the context of proceedings raising the question whether a contourless colour mark had acquired a distinctive character through use, it was necessary in every case that a consumer survey indicated a degree of recognition of at least 70%.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) – WLR Daily

Posted June 24th, 2014 in budgets, case management, civil procedure rules, costs, drafting, law reports, legal representation by sally

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) [2014] EWHC 1881 (TCC); [2014] WLR (D) 270

‘A costs draftsman whose only involvement in a case consisted of preparing a costs budget and who did not give any form of legal advice or legally based representation was not a “senior legal representative” for the purposes of paragraph 6 of Practice Direction 3E on Costs Management.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

Judge jails ‘worst car thief he has ever seen’ – Daily Telegraph

Posted June 24th, 2014 in drug abuse, news, recidivists, sentencing, theft by sally

‘Ian Liversidge, 47, jumped into a grandmother’s Nissan Micra and sped off as she was getting her granddaughter out of the vehicle, before hitting a taxi.’

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Daily Telegraph, 23rd June 2014

Source: www.telegraph.co.uk

Tribunal upholds decision to overturn ICO fine for unsolicited marketing activities – OUT-LAW.com

Posted June 24th, 2014 in advertising, appeals, fines, news, privacy, tribunals by sally

‘The Information Commissioner’s Office (ICO) has lost its appeal against a decision to overturn a £300,000 monetary penalty it served on an individual for his part in what the watchdog claimed was a serious breach of UK privacy laws.’

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OUT-LAW.com, 23rd June 2014

Source: www.out-law.com

Leicester fire deaths: Eight people found guilty – BBC News

Posted June 24th, 2014 in conspiracy, fire, homicide, murder, news by sally

‘Seven men and a teenager have been convicted for their part in a revenge arson attack that killed four people.’

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BBC News,

Source: www.bbc.co.uk

High Court grants relief despite “deliberate and non-trivial” breach – Litigation Futures

Posted June 24th, 2014 in civil procedure rules, costs, news, payment into court, sanctions by sally

‘A High Court judge has granted relief from sanctions despite finding that the non-compliance was non-trivial and deliberate, and that there was some delay in lodging the application for relief – using instead powers to impose conditions on the order.’

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Litigation Futures, 24th June 2014

Source: www.litigationfutures.com

High Court: provision of reference containing details of uncompleted disciplinary action was “unfair” use of personal data – OUT-LAW.com

Posted June 24th, 2014 in data protection, disciplinary procedures, disclosure, employment, news, police, privacy by sally

‘Whether it is “fair” to share an individual’s personal data for lawful public policy reasons requires a careful balancing of the interests of that individual and the interests of others, including the public interests, the High Court in England has said.’

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OUT-LAW.com, 23rd June 2014

Source: www.out-law.com

Woman who took selfies next to dead body cleared of murder – The Guardian

Posted June 24th, 2014 in drug abuse, fraud, murder, news, photography, sentencing, theft by sally

‘A man has been jailed for life after he was found guilty of murdering a former teacher, but a woman who took selfies next to the corpse has been cleared.’


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The Guardian, 23rd June 2014

Source: www.guardian.co.uk

Sham marriages ‘double in four years’, Home Office figures show – Daily Telegraph

Posted June 24th, 2014 in fraud, immigration, marriage, news, sentencing, statistics by sally

‘The number of suspected sham marriages being reported by registrars has doubled in four years, official Home Office figures show.’

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Daily Telegraph, 23rd June 2014

Source: www.telegraph.co.uk

Two men guilty of murdering a mother and children in botched revenge attack – The Guardian

Posted June 24th, 2014 in conspiracy, fire, homicide, murder, news by sally

‘Two men have been found guilty of murdering a mother and her three children in a botched revenge attack.’

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The Guardian, 23rd June 2014

Source: www.guardian.co.uk

Sex abuse victim has post traumatic stress from court questioning – BBC News

Posted June 24th, 2014 in cross-examination, Jersey, news, post-traumatic stress disorder, trials, victims by sally

‘A sex abuse victim says a cross-examination in court in Jersey was so aggressive she has been diagnosed with Post Traumatic Stress Disorder (PTSD).’


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BBC News, 23rd June 2014

Source: www.bbc.co.uk

Fall in number of offenders barred from working with children – The Guardian

Posted June 24th, 2014 in cautions, criminal records, freedom of information, news, statistics, vetting by sally

‘The number of people who have committed child sex offences and have been barred from working with children has fallen by nearly 10,000 over the past three years, according to freedom of information disclosures.’

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The Guardian, 24th June 2014

Source: www.guardian.co.uk

Classifieds

Posted June 23rd, 2014 in news by sally

Recently added:

Third Six Pupillages – Henderson Chambers

English landlords will not need to re-comply with tenancy deposit requirements when tenancy ‘rolls over’ – OUT-LAW.com

Posted June 23rd, 2014 in appeals, bills, deposits, landlord & tenant, news, repossession, time limits by sally

‘English landlords that secured deposits from fixed-term tenants would not have to re-comply with the deposit protection rules if that tenancy later ‘rolls over’ to become a statutory periodic tenancy or if the landlord enters into a new tenancy with the same tenant for the same premises, the UK government has proposed.’

Full story

OUT-LAW.com, 20th June 2014

Source: www.out-law.com

Peterborough ‘Facebook grooming’ sex attackers jailed – BBC News

Posted June 23rd, 2014 in child abuse, indecent photographs of children, internet, intimidation, news, rape, sentencing, sexual grooming, sexual offences, trafficking in human beings by sally

‘Two sex attackers from Peterborough who targeted teenage girls via Facebook have been jailed.’

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BBC News, 20th June 2014

Source: www.bbc.co.uk

High Court ruling shows the importance of a properly drafted dispute resolution clause, says expert – OUT-LAW.com

Posted June 23rd, 2014 in arbitration, contracts, dispute resolution, drafting, interpretation, jurisdiction, news by sally

‘A clause which said that parties to a contract would “endeavour” to resolve any dispute through Swiss arbitration, failing which the English courts would have non-exclusive jurisdiction, was not a valid arbitration agreement within the meaning of the Arbitration Act, the English High Court has ruled.’

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OUT-LAW.com, 20th June 2014

Source: www.out-law.com

They think it’s all over … – NearlyLegal

Posted June 23rd, 2014 in appeals, care homes, codes of practice, housing, landlord & tenant, mental health, news, notification, proportionality, repossession, undue influence by sally

‘We covered the case of Beech v Birmingham CC in the High Court here. The appeal to the Court of Appeal was heard on 11/6/2014 and judgement was given on 17/6/2014.

I will not repeat the facts here except to say that the appeal was narrowed down to only two grounds of challenge: namely that the notice to quit was procured from the late Mrs Warren under undue influence from the housing officer, Mr Pumphrey, and that it had been given when no formal mental capacity assessment had been carried out, in breach of the Code of Practice issued under s.42(1)(a) of the Mental Capacity Act 2005 (the ‘public law defence’).’

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NearlyLegal, 22nd June 2014

Source: www.nearlylegal.co.uk

Thousands of mothers have multiple babies removed – BBC News

Posted June 23rd, 2014 in adoption, alcohol abuse, budgets, care orders, children, drug abuse, family courts, local government, news, statistics by sally

‘Thousands of mothers over the past seven years have had successive children removed by family courts in England, the BBC has learned.’

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BBC News, 23rd June 2014

Source: www.bbc.co.uk

Probation service in chaos as systems wipe offenders’ data – The Independent

Posted June 23rd, 2014 in community service, computer programs, contracting out, data protection, news, probation by sally

‘Britain’s probation service is in chaos after a series of crippling computer failures over the past three weeks, with thousands of offenders’ case files lost, frozen or wiped.’

Full story

The Independent, 22nd June 2014

Source: www.independent.co.uk