Cadbury mostly defends trade mark rights over purple shaded chocolate packaging – OUT- LAW.com

Posted November 9th, 2011 in news, trade marks by tracey

“The UK’s Trade Mark Registry has partially revoked, but mostly upheld, Cadbury’s right to trade mark a particular shade of purple in relation to chocolate products it manufactures.”

Full story

OUT-LAW.com, 8th November 2011

Source: www.out-law.com

Wright and another v Gater and another – WLR Daily

Posted November 9th, 2011 in children, executors, intestacy, law reports, trusts by tracey

Wright and another v Gater and another; [2011] EWHC 2881 (Ch);  [2011] WLR (D)  318

“The court should not in principle regard the postponement of the vesting of an estate as ‘beneficial’.”

WLR Daily,7th November 2011

Source: www.iclr.co.uk

Regina v St Regis Paper Company Ltd – WLR daily

Regina v St Regis Paper Company Ltd; [2011] EWCA Crim 2527;  [2011] WLR (D)  317

“Criminal liability could not be imposed on a company for intentionally making a false entry to an environmental control record contrary to regulation 32(1)(g) of the Pollution Prevention and Control (England and Wales) Regulations 2000, by virtue of the intentions of the employee who committed the offence, if he was not the directing mind and will of the company.”

WLR Daily, 4th November 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 9th, 2011 in legislation by tracey

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011

The Equality Act 2010 (Commencement No. 8) Order 2011

The Merchant Shipping (Port State Control) Regulations 2011

The Medicines Act 1968 (Pharmacy) Order 2011

The Mental Capacity Act 2005 (Appropriate Body) (England) Amendment Regulations 2011

The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011

Source: www.legislation.org.uk

Christian hoteliers appeal against ruling on gay couple sharing a room – The Guardian

Posted November 9th, 2011 in appeals, homosexuality, hotels, news, sexual orientation discrimination by tracey

“Devout Christian hotel owners who refused to allow a gay couple to share a double room have insisted at the appeal court that they should have been allowed to impose the ban.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Legal profession braces itself for a surge in DIY lawyers after funding cuts – The Guardian

Posted November 9th, 2011 in law firms, legal aid, litigants in person, news, pro bono work by tracey

“Legal aid cuts will leave more people representing themselves, but may also make City firms pull their weight with pro bono work.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Levi Roots ‘took Reggae Reggae sauce recipe from friend’ – Daily Telegraph

Posted November 9th, 2011 in food, inventions, media, news by tracey

“Dragon’s Den entrepreneur Levi Roots is being sued for more than £300,000 by a pal who claims he is the real inventor of the Reggae Reggae sauce, a court heard today.”

Full story

Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

London riots: Youth ambassador Chelsea Ives jailed – BBC News

Posted November 9th, 2011 in burglary, news, sentencing, violent disorder by tracey

“A former London youth ambassador has been jailed for two years for her role in August’s riots in London.”

Full story

BBC News, 8th November 2011

Source: www.bbc.co.uk

Truancy laws caught 12,000 parents last year – The Guardian

Posted November 9th, 2011 in fines, news, parental responsibility, sentencing, statistics, truancy by tracey

“Nearly 12,000 parents were prosecuted and 25 given prison sentences because of their children’s truancy from school last year, figures show. The longest jail sentence imposed on a parent was 90 days, according to the Ministry of Justice . A total of 11,757 parents were prosecuted for failing to ensure their child’s attendance at school, up from 11,188 the year before.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Marc Jacobs’ Dakota Fanning ad banned for being ‘sexually provocative’ – The Guardian

Posted November 9th, 2011 in advertising, children, complaints, news by tracey

“Watchdog rules advert was irresponsible and likely to cause serious offence after complaints that it sexualised children.”

Full story

The Guardian, 9th November 2011

Source: www.guardian.co.uk

News of the World publishers ordered to pay Max Mosley £20,000 after breaching privacy – Daily Telegraph

Posted November 9th, 2011 in damages, France, media, news, privacy by tracey

“The publisher of the News of the World has been told by a French court that it must pay Max Mosley almost £20,000 after being found guilty of breaching the ex-Formula One chief’s privacy.”

Full story

Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

New House of Commons code of conduct could be extended to MPs’ private lives – Daily Telegraph

Posted November 9th, 2011 in news, parliament, professional conduct by tracey

“MPs could be punished for indiscretions in their private lives if their actions embarrass Parliament, under a new code of conduct.”

Full story

Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

The law should not become “over precious” about human rights, says the Divisional Court – UK Human Rights Blog

“Protestors have to put up with ‘sensible and good natured’ controls by the authorities as a limitation on their rights to free expression and assembly, the Divisional Court has ruled.”

Full story

UK Human Rights Blog, 8th November 2011

Source: www.ukhumanrightsblog.com

Loner jailed for preying on girls – The Independent

“A dangerous loner who preyed on young girls and threatened to burn down one teenage victim’s family home was jailed indefinitely today.”

Full story

The Independent, 8th November 2011

Source: www.independent.co.uk

Lady Justice Hallett: profile – Daily Telegraph

Posted November 8th, 2011 in judges, legal profession, news, sex discrimination by sally

“Lady Justice Hallett, one of the country’s most senior judges, has claimed she encountered ‘horrific’ sexism during her rise through the judiciary.”

Full story

Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

Catholic church can be held responsible for wrongdoing by priests – The Guardian

Posted November 8th, 2011 in appeals, child abuse, employment, news, sexual offences, vicarious liability by sally

“Victims of clerical sexual abuse will find it easier to bring compensation claims against the Catholic church after a judge ruled it can be held responsible for the wrongdoings of its priests.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Commercial sense can determine ambiguous contractual meanings, Supreme Court rules – OUT-LAW.com

Posted November 8th, 2011 in contracts, interpretation, news, Supreme Court by sally

“Courts should apply ‘business common sense’ when construing the meaning of disputed ambiguous contractual terms, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 8th November 2011

Source: www.out-law.com

Man jailed for record tyre dumps – The Guardian

Posted November 8th, 2011 in news, sentencing, waste by sally

“A man has been jailed for 15 months for illegally dumping more than 1m tyres across England, a figure believed to be a record for one individual.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Fenland District Council v Sheppard and others – WLR Daily

Posted November 8th, 2011 in insolvency, law reports, mortgages by sally

Fenland District Council v Sheppard and others [2011] EWHC 2829 (Ch); [2011] WLR (D) 316

“In making a vesting order, pursuant to section 320 of the Insolvency Act 1986, in favour of a statutory chargee whose charge ranked in priority to the mortgagees’ charge over the property, the court was not bound to set aside the mortgagees’ charge where the mortgagees did not themselves apply for a vesting order. Such an order would not effectively benefit only the mortgagees by extinguishing the statutory charge if it could be shown that the statutory chargee intended to preserve the benefit of its charge, or that the extinguishment of its charge would be against the statutory chargee’s interests, in which case there would be a presumption against extinguishment.”

WLR Daily, 3rd November 2011

Source: www.iclr.co.uk

Assange v Swedish Prosecution Authority – WLR Daily

Posted November 8th, 2011 in appeals, extradition, law reports by sally

Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin); [2011] WLR (D) 315

“In the context of the Extradition Act 2003, through interpretation of article 6 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’) and recognising differences of terminology used among member states, a ‘judicial authority’ was not confined to a judge who adjudicated, but could extend to a body that prosecuted.”

WLR Daily, 2nd November 2011

Source: www.iclr.co.uk