Martin Y Paz Diffusion SA v Depuydt and another – WLR Daily

Posted September 23rd, 2013 in consent, EC law, law reports, third parties, trade marks by sally

Martin Y Paz Diffusion SA v Depuydt and another (Case C-661/11); [2013] WLR (D) 351

“Article 5 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks (OJ 1989 L40, p 1), as amended, precluded a proprietor of trade marks from being deprived of any possibility of asserting the exclusive right conferred upon it by those marks against a third party and of itself exercising that exclusive right in respect of goods which were identical to those of that third party, in a situation where the proprietor had consented to a shared use with that third party of signs which were identical to its marks in respect of certain goods in classes for which those marks were registered and no longer consented to that use.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Inheriting aristocratic titles: what’s in a name? – Halsbury’s Law Exchange

Posted September 23rd, 2013 in equality, news, parliament, peerages & dignities, sex discrimination, women by sally

“Reforming the law on the inheritance of an aristocratic title was never really going to be a popular rallying cry, but it’s in the news again. The Earldom of Northesk is one of the great titles (albeit with no huge estate or wealth) that by a curious twist of fate has passed to a male descendent of the cadet branching of the family from 1654 rather than the 14th Earl’s daughter, Lady Carnegie. What is now more interesting about this is we now have a contrasting legal position to compare it with, s 1 of the Succession to the Crown Act 2013 which removes gender from the question of who inherits the Throne. Primogeniture, the benefit of the eldest male child for centuries, has been changed and so – ask a number of Lords and Ladies – should this not be changed for them as well?”

Full story

Halsbury’s Law Exchange, 20th September 2013

Source: www.halsburyslawexchange.co.uk

Judiciary launches review of unimplemented Jackson recommendations – Litigation Futures

Posted September 23rd, 2013 in budgets, costs, delay, judiciary, news by sally

“The judiciary is undertaking a review of those recommendations made by Lord Justice Jackson that have not yet been implemented, it has emerged.”

Full story

Litigation Futures, 23rd September 2013

Source: www.litigation.com

Smoking bans could challenge human rights in prisons and cause riots, ministers warned – The Independent

Posted September 23rd, 2013 in health & safety, human rights, news, pilot schemes, prisons, smoking by sally

“Smoking could be banned across all prisons in England and Wales by 2015, amid fears that prisoners could begin rioting over the change.”

Full story

The Independent, 20th September 2013

Source: www.independent.co.uk

Re A (A Child) – Pink Tape

Posted September 23rd, 2013 in appeals, children, contact orders, news by sally

“For those of you who had been pondering about the applicability of Re B [2013] UKSC 33 to private law cases – Re A (A Child) [2013] EWCA Civ 1104 goes some distance towards providing an answer. It concerns exceptionally long running private law proceedings, of the ‘implacable hostility’ variety, which the Circuit Judge acknowledged on concluding them had been characterised by systemic failure. The order was for no direct contact between the girl and her father and a s91(14) order until the child’s 16th birthday (she was 13 at the time). The father appealed and did so in person. He criticised the manner in which the entire proceedings had been conducted. He did not accept that the Circuit Judge was right to draw a line under the proceedings, now that the child was 13 years old and firmly expressing her opposition to contact and the proceedings.”

Full story

Pink Tape, 22nd September 2013

Source: www.pinktape.co.uk

EVENT: Queen Mary – 2013 Herchel Smith Lecture: Lord Justice Floyd – “What has IP done for the law?”

Posted September 23rd, 2013 in Forthcoming events by sally

“The lecture will be delivered by Lord Justice Floyd on the topic ‘What has IP done for the law?'”

Date: 14th November 2013, 6.00-9.00pm

Location: Central London

Charge: Free

More information can be found here.

Police officers could face charges over men’s wrongful murder conviction – The Guardian

Posted September 23rd, 2013 in appeals, murder, news, ombudsmen, perverting the course of justice, police, whistleblowers by sally

“Fourteen police officers could face charges after senior judges found a ‘serious perversion of the course of justice’ in a murder case in which five men were wrongly convicted over a gangland murder.”

Full story

The Guardian, 20th September 2013

Source: www.guardian.com

Stores ‘fixed sports bra prices’ – BBC News

Posted September 23rd, 2013 in competition, consumer protection, news, ombudsmen, price fixing by sally

“The Office of Fair Trading (OFT) has accused three major department stores of colluding with a manufacturer to fix the price of sports bras.”

Full story

BBC News, 20th September 2013

Source: www.bbc.co.uk

Man who was chased down by ‘vigilante paedophile-hunters’ is jailed for eight years – The Independent

“A man who was confronted by a vigilante paedophile-hunting group over abusive activities towards a child has been jailed for eight years.”

Full story

The Independent, 20th September 2013

Source: www.independent.co.uk

Halton crime gang jailed for guns and drugs offences – BBC News

Posted September 23rd, 2013 in drug offences, firearms, gangs, news, sentencing, violent offenders by sally

“A Merseyside gang which ‘controlled illegal drug distribution’ across a Cheshire borough has been jailed.”

Full story

BBC News, 19th September 2013

Source: www.bbc.co.uk

MoD paid £3,000 compensation for Afghans killed by UK military – The Independent

Posted September 23rd, 2013 in Afghanistan, armed forces, compensation, families, news, victims by sally

“The families of almost 200 innocent victims of British military activity in Afghanistan have been compensated with barely £3,000 each, the Government has revealed.”

Full story

The Independent, 22nd September 2013

Source: www.independent.co.uk

Gosport ‘bomb detector’ man given suspended sentence – BBC News

Posted September 23rd, 2013 in explosives, fraud, news, suspended sentences by sally

“A man who made bogus bomb detectors in his garden shed has been given a suspended jail sentence.”

Full story

BBC News, 20th September 2013

Source: www.bbc.co.uk

Policeman guilty of punching man who spat in his mouth faces sentencing – The Independent

Posted September 23rd, 2013 in appeals, assault, news, police, restraint, self-defence, sentencing, transfer of prisoners by sally

“A police officer who has been found guilty of punching a suspect after he spat in his mouth will be sentenced today.”

Full story

The Independent, 20th September 2013

Source: www.independent.co.uk

Surprise bid to put Shrien Dewani on trial in Britain – The Guardian

“Lawyers for Shrien Dewani, the honeymoon murder suspect, are to ask British prosecutors to consider bringing a case against him in a dramatic attempt to avoid a trial in South Africa.”

Full story

The Guardian, 21st September 2013

Source: www.guardian.co.uk

Court case aims to force MoD’s hand with Freedom of Information requests on drones – The Independent

“Britain’s controversial deployment of US-built Reaper drones in Afghanistan will come under scrutiny in court this week in a closed hearing that will see a UK-based drone operator give evidence for the first time.”

Full story

The Independent, 22nd September 2013

Source: www.independent.co.uk

A4e found guilty of racial discrimination – The Guardian

“The training company A4e has been found guilty of racial discrimination and been ordered to pay out £50,000 in compensation, the Guardian has learned. Employment tribunal judges found that the company, paid £345m by the Department for Work and Pensions for its back-to-work employment services since 2010, racially discriminated against Rohim Ullah when it unlawfully dismissed him from its Bradford office in 2011.”

Full story

The Guardian, 22nd September 2013

Source: www.guardian.co.uk

Couple sentenced over theft of £95,000 from godmother’s life savings – The Independent

Posted September 20th, 2013 in bail, elderly, news, proceeds of crime, sentencing, theft by sally

“A married couple who blew almost £100,000 of a 91-year-old’s life savings on themselves will be sentenced today.”

Full story

The Independent, 20th September 2013

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted September 20th, 2013 in law reports by sally

High Court (Chancery Division)

Maier & Anor v Asos Plc & Anor [2013] EWHC 2831 (Ch) (19 September 2013)

High Court (Administrative Court)

Rahim, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2794 (Admin) (13 September 2013)

High Court (Admiralty Division)

Theresa Libra, The Owners of the Ship v Ship MSC Pamela, The Owners of the Ship [2013] EWHC 2792 (Admlty) (19 September 2013)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 20th, 2013 in legislation by sally

The Protection of Freedoms Act 2012 (Consequential Amendments) No. 3 Order 2013

The Public Bodies (Abolition of the Registrar of Public Lending Right) Order 2013

The South London Healthcare National Health Service Trust (Dissolution) Order 2013

The Lewisham Healthcare National Health Service Trust (Change of Name) (Establishment) Amendment Order 2013

The National Health Service (Direct Payments) (Amendment) Regulations 2013

The Medical Devices (Amendment) Regulations 2013

The Local Government Pension Scheme Regulations 2013

Source: www.legislation.gov.uk

Experts welcome OFT’s workplace pension reforms, but low contributions remain the real challenge – OUT-LAW.com

Posted September 20th, 2013 in competition, employment, news, pensions, reports by sally

“Low contributions remain the ‘real obstacle’ to the success of the Government’s workplace pension scheme reforms following the Office of Fair Trading’s (OFT’s) review of the defined contribution (DC) pensions market, an expert has said.”

Full story

OUT-LAW.com, 19th September 2013

Source: www.out-law.com