Regina (Roberts) v Commissioner of Police of the Metropolis and another (Liberty intervening) – WLR Daily

Regina (Roberts) v Commissioner of Police of the Metropolis and another (Liberty intervening) [2014] EWCA Civ 69; [2014] WLR (D) 50

‘Section 60 of the Criminal Justice and Public Order Act 1994 did not confer an arbitrary power and was compatible with article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 4th February 2014

Source: www.iclr.co.uk

Leidseplein Beheer BV and another v Red Bull GmbH and another – WLR Daily

Posted February 12th, 2014 in EC law, law reports, third parties, trade marks by sally

Leidseplein Beheer BV and another v Red Bull GmbH and another (Case C-65/12); [2014] WLR (D) 48

‘Under article 5(2) of First Council Directive 89/104/EEC, the proprietor of a trade mark with a reputation could be obliged, pursuant to the concept of “due cause” within the meaning of that provision, to tolerate the use by a third party of a sign similar to that mark in relation to a product which was identical to that for which that mark was registered, if it was demonstrated that the sign was being used before that mark was filed and that the use of that sign in relation to the identical product was in good faith.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) – Supreme Court

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) [2014] UKSC 9 (YouTube)

Supreme Court, 12th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Another council faces judicial review over changes to library provision – Local Government Lawyer

‘Lincolnshire County Council has become the latest local authority to face judicial review proceedings over proposed cuts to its libraries.’

Full story

Local Government Lawyer, 12th February 2014

Source: www.localgovernmentlawyer.co.uk

Amazon and Lush ruling shows there’s an ‘added layer of protection’ against ‘piggy-backing’ on trade marks, says expert – OUT-LAW.com

Posted February 12th, 2014 in advertising, internet, news, sale of goods, trade marks by sally

‘Cosmetics company Lush was entitled to prevent Amazon using its trade mark to promote rival goods for sale on Amazon and via Google, the High Court has ruled.’

Full story

OUT-LAW.com, 10th February 2014

Source: www.out-law.com

Supplier tries to stick the boot in to its commercial agent – Technology Law Update

Posted February 12th, 2014 in agency, compensation, indemnities, news, small businesses by sally

‘We have been meeting with a number of smaller software suppliers and tech start-ups recently who have been grappling with the challenge of boosting their geographical reach. We use the word ‘challenge’ because (a) there are only 24 hours in a day, (b) smaller businesses tend not to have a raft of sales executives in their employment and (c) it is difficult to achieve global domination when you still want to focus on product development and manufacturing issues.’

Full story

Technology Law Update, 11th February 2014

Source: www.technology-law-blog.co.uk

Age discrimination in the police force – the A19 test case – Halsbury’s Law Exchange

Posted February 12th, 2014 in age discrimination, employment tribunals, news, police, retirement by sally

‘In the recent police A19 test case, the Employment Tribunal unanimously found, “that the practice of requiring the retirement of nearly all officers in the Forces who could be required to retire under Regulation A19 of the Police Pensions Regulations 1987 was not a proportionate means of achieving a legitimate aim”, and therefore amounted to age discrimination.’

Full story

Halsbury’s Law Exchange, 11th February 2014

Source: www.halsburyslawexchange.co.uk

Children with autism are illegally excluded from school activities study finds – The Independent

Posted February 12th, 2014 in autism, children, news, school exclusions, special educational needs by sally

‘Four in 10 children with autism have been temporarily excluded from school activities, it has been revealed.’

Full story

The Independent, 11th February 2014

Source: www.independent.co.uk

Litvinenko widow wins inquiry ruling against ministers – BBC News

Posted February 12th, 2014 in inquests, inquiries, judicial review, news, poisoning by sally

‘The widow of former KGB spy Alexander Litvinenko who was killed in London has moved a step closer to a public inquiry into her husband’s death.’

Full story

BBC News, 11th February 2014

Source: www.bbc.co.uk

Woman who cancelled brother’s wedding jailed for eight weeks – The Guardian

Posted February 12th, 2014 in guilty pleas, harassment, impersonation, news, sentencing by sally

‘A woman who cancelled her brother’s wedding in what a court heard was like an EastEnders plotline has been jailed for eight weeks.’

Full story

The Guardian, 11th February 2014

Source: www.guardian.co.uk

Law Commission says powers needed to curb non-native plants and animals- The Guardian

Posted February 11th, 2014 in animals, environmental protection, Law Commission, news, reports by sally

‘Powers to control or eradicate invasive plants and animal species – such as Japanese knotweed or parakeets – should be given to government departments and environment protection authorities, the Law Commission has recommended.’

Full story

The Guardian, 11th February 2014

Source: www.guardian.co.uk

Lincolnshire group challenges council’s library change – BBC News

Posted February 11th, 2014 in consultations, judicial review, libraries, local government, news by sally

‘A campaign group is going to the High Court to challenge a move by Lincolnshire County Council to change its library system.’

Full story

BBC News, 11th February 2014

Source: www.bbc.co.uk

Command Papers – official-documents.gov.uk

Posted February 11th, 2014 in parliamentary papers by sally

Fourth additional protocol to the European Convention on Extradition: Vienna, 20 September 2014, Cm 8806
(PDF)

Third additional protocol to the European Convention on Extradition: Strasbourg, 10 November 2010 Cm 8805 (PDF)

Human Rights of unaccompanied migrant children and young people in the UK: the Government response to the first report from the Joint Committee on Human Rights session 2013-14 HL paper 9 / HC 196, Cm 8778 (PDF)

Source: www.official-documents.gov.uk

Judicial Review Concessions, Gay Olympic Controversy, and Defamation in Europe – the Human Rights Roundup – UK Human Rights Blog

‘Last week, the Justice Secretary published the Criminal Justice and Courts Bill. The implications of his revised proposals for judicial review reform are considered in this week’s roundup, along with controversy over gay rights at the Winter Olympics and recent trends in defamation cases before the Court of Human Rights.’

Full story

UK Human Rights Blog, 10th February 2014

Source: www.ukhumanrightsblog.com

When three into one will go – High Court rejects challenge to single costs budget for three cases – Litigation Futures

Posted February 11th, 2014 in budgets, class actions, costs, news by sally

‘The High Court has rejected a Mitchell challenge to a budget that could have left well-known car manufacturer Lotus with hundreds of thousands of pounds of costs up in smoke.’

Full story

Litigation Futures, 11th February 2014

Source: www.legalfutures.co.uk

A new approach to controlling invasive non-native species – Law Commission

Posted February 11th, 2014 in animals, environmental protection, Law Commission, news, reports, Wales by sally

‘We have published a report, making recommendations on the control of invasive non-native species as part of our project on wildlife.’

Full report

Law Commission, 11th February 2014

Source: www.www.justice.gov.uk/lawcommission

Abuse of dominance: no commercial gain, no abuse? – Competition Bulletin from Blackstone Chambers

Posted February 11th, 2014 in competition, news, transport by sally

‘Is it necessary for there to be some commercial benefit to be gained by a dominant undertaking from its conduct before that conduct can be condemned as abusive? No, says Mrs Justice Rose in Arriva the Shires Ltd v London Luton Airport Operations Ltd [2014] EWHC 64 (Ch).’

Full story

Competition Bulletin from Blackstone Chambers, 10th February 2014

Source: www.competitionbulletin.com

CS gas canister barrister to be disbarred – Bar Standards Board

‘A barrister who failed to disclose previous criminal convictions for possessing CS gas and wilfully obstructing the police is to be disbarred, following an independent public disciplinary tribunal.’

Full story

Bar Standards Board, 10th February 2014

Source: www.barstandardsboard.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 11th, 2014 in legislation by sally

The West Northamptonshire Development Corporation (Transfer of Property, Rights and Liabilities) Order 2014

The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2014

The Urban Development Corporations in England (Area and Constitution) Order 2014

The Three Rivers (Electoral Changes) Order 2014

The Police Act 1997 (Commencement No. 12) (England and Wales) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 11th, 2014 in law reports by sally

Court of Appeal (Civil Division)

S v S [2014] EWCA Civ 95 (10 February 2014)

Court of Appeal (Criminal Division)

Howe, R. v [2014] EWCA Crim 114 (10 February 2014)

High Court (Administrative Court

Walford, R (On the Application Of) v Worchestershire County Council [2014] EWHC 234 (Admin) (10 February 2014)

York Council, City of v Secretary of State for Communities and Local Government & Anor [2014] EWHC 231 (Admin) (07 February 2014)

High Court (Commercial Court)

Otkritie International Investment Management Ltd & Ors v Urumov & Ors [2014] EWHC 191 (Comm) (10 February
2014)

High Court (Queen’s Bench Division)

Yates v National Trust [2014] EWHC 222 (QB) (10 February 2014)

Hegazy & Ors v The Commissioner of Police of the Metropolis [2014] EWHC 235 (QB) (10 February 2014)

Source: www.bailii.org