Current Awareness

‘Proposals by academics to allow new defences against trade mark infringement to be created in the future should be resisted, a trade mark law specialist has warned.’

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OUT-LAW.com, 6th October 2014

Source: www.out-law.com

E v B – WLR Daily

Posted October 7th, 2014 in children, conflict of laws, custody, EC law, law reports, parental responsibility by sally

E v B (Case C-436/13) ECLI:EU:C:2014:2246; [2014] WLR (D) 405

‘Jurisdiction in matters of parental responsibility which had been prorogued, under article 12(3) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ 2003 L338, p 1), in favour of a court of a member state before which proceedings had been brought by mutual agreement by the holders of parental responsibility ceased following a final judgment in those proceedings

WLR Daily, 1st October 2014

Source: www.iclr.co.uk

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others – WLR Daily

Posted October 7th, 2014 in airports, appeals, law reports, planning by sally

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others [2014] EWHC 2476 (Admin); [2014] WLR (D) 406

‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework (“NPPF”) meant only harm to the Green Belt.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another – WLR Daily

Posted October 7th, 2014 in damages, law reports, shareholders, valuation, warranties by sally

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another [2014] EWHC 2178 (QB); [2014] WLR (D) 407

‘It is was permissible to depart from the prima facie rule that damages following a breach of warranty in a share sale agreement were to be assessed at the date of breach and so to take into account events which had occurred after that date, where such departure was necessary to give effect to the overriding compensatory principle of assessment of damages.’

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

Strack v European Commission – WLR Daily

Posted October 7th, 2014 in documents, EC law, freedom of information, law reports, proportionality by sally

Strack v European Commission (Case C‑127/13 P) ECLI:EU:C:2014:2250; [2014] WLR (D) 40

‘An institution of the European Union could, in exceptional circumstances, refuse access to certain documents on the ground that the workload relating to their disclosure would be disproportionate as compared to the objectives set by the application for access to those documents. However, reliance on the principle of proportionality could not allow the time-limits laid down by Parliament and Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L145, p 43) to be changed without creating a situation of legal uncertainty.’

WLR Daily, 2nd October 2014

Source: www.iclr.co.uk

Loss of Earnings: The “Ogden Approach” in Practice: Two Cases Examined – Zenith PI Blog

Posted October 7th, 2014 in appeals, compensation, damages, news, personal injuries by sally

‘Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using the difference between the multipliers in relation to disabled and non-disabled claimants. See the guidance at paragraph 45 of the explanatory notes. Here we look at two cases where the use of this approach has been considered. In Ward it was held not to be appropriate; in Billett it was greatly modified.’

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Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

Calls for law to be changed after Broadmoor killer Barry Williams is released without supervision – Daily Telegraph

Posted October 7th, 2014 in conditional discharge, detention, firearms, mental health, news, probation, recidivists by sally

‘A serious case review is launched after mass killer Barry Williams is able to disappear following his release from Broadmoor by changing his name to Harry Street.’

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Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

National Crime Agency director general: UK snooping powers are too weak – The Guardian

Posted October 7th, 2014 in computer crime, consent, crime, electronic mail, intelligence services, interception, internet, news, telecommunications by sally

‘Britons must accept a greater loss of digital freedoms in return for greater safety from serious criminals and terrorists in the internet age, according to the country’s top law enforcement officer.’

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The Guardian, 7th October 2014

Source: www.guardian.co.uk

Boy taken off life support after judge rules there is no hope of a ‘miracle’ dies – Daily Telegraph

Posted October 7th, 2014 in children, human rights, medical treatment, news by sally

‘The family of the 17-month-old are ‘devastated’ after his life-support machine was switched off against their wishes.’

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Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

Last week The Sun wanted to abolish the Human Rights Act, this week they want to use it to protect their journalists – The Independent

Posted October 7th, 2014 in human rights, investigatory powers, media, news by sally

‘Just days after The Sun newspaper celebrated David Cameron’s promise to abolish the Human Rights Act (HRA), it is using the very same laws to protect one of its own journalists.’

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The Independent, 6th October 2014

Source: www.independent.co.uk

IPCC’s ‘plebgate’ decision quashed by High Court – BBC News

Posted October 7th, 2014 in appeals, complaints, news, police, professional conduct by sally

‘The police watchdog’s decision to reinvestigate three officers at the centre of the “plebgate” row is flawed and must be retaken, judges have ruled.’

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BBC News, 6th October 2014

Source: www.bbc.co.uk

Ex-BA pilot Bartle Frere abuse case: Jury considers verdicts – BBC News

Posted October 7th, 2014 in child abuse, indecent photographs of children, news, sexual offences by sally

‘A jury has been sent out in the case of a former British Airways pilot accused of abusing boys in the UK and India.’

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BBC News, 6th October 2014

Source: www.bbc.co.uk

Revenge porn could lead to 14-year sentence, new guidelines clarify – The Guardian

Posted October 7th, 2014 in Crown Prosecution Service, harassment, news, obscenity, pornography, sentencing, sexual offences by sally

‘The most serious cases of revenge pornography – putting sexually explicit images of former partners online – should be prosecuted under laws which carry a maximum sentence of 14 years, new guidance from the Crown Prosecution Service suggests.’

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The Guardian, 7th October 2014

Source: www.guardian.co.uk

Finance & Divorce Update – Family Law Week

Posted October 6th, 2014 in appeals, child support, children, costs, dispute resolution, divorce, family courts, financial dispute resolution, financial provision, news, statistics by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during September.’

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Family Law Week, 5th October 2014

Source: www.familylawweek.co.uk