In re A (Children) (Adoption: Placement Order) – WLR Daily

Posted December 17th, 2013 in adoption, appeals, law reports by sally

In re A (Children) (Adoption: Placement Order) [2013] EWCA Civ 1611 ; [2013] WLR (D) 494

‘In making a placement for adoption order under section 21(1) of the Adoption and Children Act 2002 the court was not entitled to stipulate requirements to be met by prospective adopters.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) – WLR Daily

Posted December 17th, 2013 in appeals, EC law, intellectual property, law reports, regulations, trade marks, treaties by sally

Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) Case (C-445/12P); [2013] WLR (D) 493

‘Trade marks registered under international arrangements which had effect in a member state, as referred to in article 8(2)(a)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L78, p 1), were subject to the same system as trade marks registered in a member state, as referred to in article 8(2)(a)(ii) of the Regulation. As such, where pleaded in opposition proceedings before OHIM, they were subject to the requirement in article 42(3) of the Regulation to prove the requisite prior use, the concept of use of a Community trade mark in the European Union being exclusively and exhaustively governed by EU law.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages – WLR Daily

Posted December 17th, 2013 in appeals, law reports, marriage, registrars, Supreme Court by sally

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages [2013] UKSC 77; [2013] WLR (D) 492

‘A building in England and Wales could be registered as “place of meeting for religious worship” under section 2 of the Places of Worship Registration Act 1855, with the effect that a valid ceremony of marriage could be performed there, whether or not the services held there involved reverence to a diety.’

WLR Daily, 11th December 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 17th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Plevin v Paragon Personal Finance Ltd & Anor [2013] EWCA Civ 1658 (16 December 2013)

High Court (Administrative Court)

Ioannou v Secretary of State for Communities And Local Government & Anor [2013] EWHC 3945 (Admin) (16 December 2013)

SP, R (On the Application Of) v The Lord Chancellor [2013] EWHC 4011 (Admin) (12 December 2013)

Hampton Bishop Parish Council, R (On the Application Of) v Herefordshire Council [2013] EWHC 3947 (Admin) (16 December 2013)

High Court (Family Division)

HA (A Child) , Re [2013] EWHC 3634 (Fam) (28 November 2013)

Source: www.bailii.org

Jeremy Forrest: school staff ‘missed repeated chances to blow whistle’ – The Guardian

Posted December 17th, 2013 in child abduction, child abuse, news, reports, sexual grooming, teachers by sally

‘School staff missed repeated opportunities to blow the whistle on inappropriate conduct between the maths teacher Jeremy Forrest and the teenage schoolgirl he went on to abduct, a damning review has found.’

Full story

The Guardian, 16th December 2013

Source: www.guardian.co.uk

Jessie J gig murderer loses conviction appeal – BBC News

Posted December 17th, 2013 in appeals, homicide, murder, news, sentencing by sally

‘A man jailed for murdering a father-of-two with a bottle at an event where singer Jessie J was performing has lost his conviction and sentence appeal.’

Full story

BBC News, 16th December 2013

Source: www.bbc.co.uk

Don’t Think Twice, It’s All Right (To Manage) – NearlyLegal

Posted December 17th, 2013 in housing, leases, news, tribunals by sally

‘The right to manage provisions in Commonhold and Leasehold Reform Act 2002 have been an incredibly fertile source of litigation. Thanks Parliament. No, really, thanks a lot. One reason might be the drafting of the legislation itself (as J has said, you could never accuse it of being user friendly) The challenges have focused on the two key elements – the qualifying criteria (or what I am loosely calling “qualifying criteria”) and the procedural requirements. The judicial trend in respect of both has been in favour of allowing the right to manage to be acquired, so far as possible (Exhibit 1 for qualifying criteria: Gala Unity v Ariadne Road; Exhibit 2 for procedure: Avon Freeholds v Regent Court RTM).’

Full story

NearlyLegal, 16th December 2013

Source: www.nearlylegal.co.uk

Prisons: Efforts to cut reoffending ‘not working’ – BBC News

Posted December 17th, 2013 in news, prisons, probation, recidivists, rehabilitation, reports by sally

‘Efforts to stop prisoners reoffending are “not working” and should be the subject of a major policy review, two senior inspectors have said.’

Full story

BBC News, 17th December 2013

Source: www.bbc.co.uk

Assisted suicide ruling cannot ignore right and wrong, says judge – Daily Telegraph

Posted December 17th, 2013 in assisted suicide, euthanasia, judges, news, Supreme Court, trials by sally

‘Moral questions of right and wrong cannot be “ignored” when deciding whether to allow assisted suicide, senior judge says in landmark challenge to Britain’s euthanasia laws.’

Full story

Daily Telegraph, 16th December 2013

Source: www.telegraph.co.uk

Car insurance too high, says Competition Commission – The Guardian

Posted December 17th, 2013 in competition, consumer protection, insurance, news, road traffic by sally

‘Car insurance premiums are too high and should be reduced through far-reaching reforms, the competition watchdog has said.’

Full story

The Guardian, 17th December 2013

Source: www.guardian.co.uk

‘Let reformed drug addicts become magistrates’, suggests think tank – The Independent

Posted December 17th, 2013 in courts, drug abuse, magistrates, news, rehabilitation by sally

‘Ex-offenders who’ve turned away from crime would be ideally suited to help deal with low-level offenders.’

Full story

The Independent, 17th December 2013

Source: www.independent.co.uk

College of Policing review tries to prevent deaths in custody – BBC News

Posted December 17th, 2013 in death in custody, education, mental health, news, police, race discrimination, restraint by sally

‘The College of Policing is reviewing its training to try to prevent more people dying in police custody in England and Wales, the BBC has learned.;

Full story

BBC News, 17th December 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted December 16th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Baybasin & Ors, R v [2013] EWCA Crim 2357 (13 December 2013)

Padda v R. [2013] EWCA Crim 2330 (12 December 2013)

Fort, R v [2013] EWCA Crim 2332 (13 December 2013)

Court of Appeal (Civil Division)

Gaurilcikiene v Tesco Stores Ltd [2013] EWCA Civ 1612 (16 December 2013)

St Albans v Hunston Properties Ltd, R (On the Application Of) & Anor [2013] EWCA Civ 1610 (12 December 2013)

TN (Afghanistan) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 1609 (12 December 2013)

Bunge SA v Nidera BV [2013] EWCA Civ 1628 (12 December 2013)

Birmingham City Council v Balog [2013] EWCA Civ 1582 (12 December 2013)

Seagrain LLC v Glencore Grain BV [2013] EWCA Civ 1627 (12 December 2013)

High Court (Queen’s Bench Division)

Tachie & Ors v Welwyn Hatfield Borough Council [2013] EWHC 3972 (QB) (13 December 2013)

High Court (Chancery Division)

Moxon v Litchfield & Ors, Re LCM Wealth Management Ltd [2013] EWHC 3957 (Ch) (12 December 2013)

High Court (Family Division)

LRP (A Child) (Care Proceedings: Placement Order) [2013] EWHC 3974 (Fam) (12 December 2013)

High Court (Administrative Court)

Lancashire, R (On the Application) v Northumberland County Council& Anor (Rev 1) [2013] EWHC 3850 (Admin) (12 December 2013)

Glenholme Developments Ltd v The Welsh Ministers & Anor [2013] EWHC 3679 (Admin) (10 December 2013)

Corbett, R (On the Application Of) v Cornwall Council [2013] EWHC 3958 (Admin) (12 December 2013)

Brook v Secretary of State for Communities and Local Government & Anor [2013] EWHC 4006 (Admin) (13 December 2013)

Ismail, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3921 (Admin) (13 December 2013)

DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin) (13 December 2013)

Warnborough College Ltd, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3915 (Admin) (13 December 2013)

High Court (Technology and Construction Court)

Alexander & Law Ltd v Coveside (21BPR) Ltd [2013] EWHC 3949 (TCC) (12 December 2013)

High Court (Commercial Court)

Bunge SA v Nibulon Trading BV [2013] EWHC 3936 (Comm) (13 December 2013)

High Court (Patents Court)

Smith & Nephew Plc v Convatec Technologies Inc & Anor [2013] EWHC 3955 (Pat) (12 December 2013)

Source: www.bailii.org

Young v Young: can “eye-watering” divorce costs be justified? – Halsbury’s Law Exchange

‘A 7 year divorce case culminating in a 20 day final hearing with £6.5m spent on one side’s legal costs alone. In the aftermath of Young v Young, what should be done by the judiciary and practitioners to make fees in family proceedings proportionate?’

Full story

Halsbury’s Law Exchange, 16th December 2013

Source: www.halsburyslawexchange.co.uk

One Direction’s Harry Styles wins court order against paparazzi – The Guardian

Posted December 16th, 2013 in injunctions, media, news, photography, privacy by sally

‘One Direction’s Harry Styles has won a court order banning the paparazzi from pursuing him in the street or waiting outside his house.’

Full story

The Guardian, 16th December 2013

Source: www.guardian.co.uk

BT default ‘porn filter’ switched on – BBC News

Posted December 16th, 2013 in children, drug abuse, internet, news, pornography by sally

‘BT has announced the launch of a new internet filter designed to protect children online.’

Full story

BBC News, 16th December 2013

Source: www.bbc.co.uk

Modern slavery white paper published – Home Office

Posted December 16th, 2013 in bills, imprisonment, news, trafficking in human beings by sally

‘A flagship Bill to tackle modern slavery, the first of its kind in Europe, was published today by the Home Secretary Theresa May.’

Full story

Home Office, 16th December 2013

Source: www.gov.uk/home-office

Traffic courts up and running in 29 areas – Ministry of Justice

Posted December 16th, 2013 in courts, news, road traffic offences by sally

‘All areas should have a dedicated traffic court within the next 6 months Justice Minister Damian Green said today (13 December 2013).’

Full story

Ministry of Justice, 13th December 2013

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

Actavis Group PTC EHF and another v Sanofi (Sanofi Pharma Bristol-Myers Squibb SNC intervening) – WLR Daily

Posted December 16th, 2013 in EC law, law reports, medicines, patents by sally

Actavis Group PTC EHF and another v Sanofi (Sanofi Pharma Bristol-Myers Squibb SNC intervening) (Case C-443/12); [2013] WLR (D) 491

‘Where, on the basis of a patent protecting an innovative active ingredient and a marketing authorisation for a medicinal product containing that ingredient as the single active ingredient, the holder of that patent had already obtained a supplementary protection certificate (“SPC”) for that active ingredient entitling him to oppose the use of that active ingredient, either alone or in combination with other active ingredients, article 3(c) of Parliament and Council Regulation (EC) No 469/2009 precluded that patent holder from obtaining—on the basis of that same patent but a subsequent marketing authorisation (“MA”) for a different medicinal product containing that active ingredient in conjunction with another active ingredient which was not protected as such by the patent— a second supplementary protection certificate relating to that combination of active ingredients.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Carratù v Poste Italiane SpA – WLR Daily

Posted December 16th, 2013 in compensation, EC law, employment, fixed-term contracts, law reports by sally

Carratù v Poste Italiane SpA (Case C-361/12); [2013] WLR (D) 490

‘Clause 4(1) of the Framework agreement on fixed term work, annexed to Council Directive 1999/70/EC, could be relied on directly against a state body. The concept of “employment conditions” in clause 4(1) covered the compensation that the employer had pay to an employee on account of the unlawful insertion of a fixed-term clause into his employment contract but did not require the compensation paid in respect of the unlawful insertion of a fixed-term clause into an employment relationship to be treated in the same way as that paid in respect of the unlawful termination of a permanent employment relationship.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk