“The UK privacy watchdog has launched an investigation into Google after it admitted copying household computer passwords and emails from unsecured wireless networks, when taking photographs for its Street View mapping service.”
The Guardian, 24th October 2010
Source: www.guardian.co.uk
“Trade mark infringement can take place even if a buyer is only confused about one company appearing to be another at the very start of the purchasing process, the High Court has ruled.”
OUT-LAW.com, 26th October 2010
Source: www.out-law.com
“New rules which make sure that Britons arrested abroad are informed of their rights in a language they understand are being negotiated in Brussels. The UK has announced its intention to participate in these negotiations.”
Ministry of Justice, 25th October 2010
Source: www.justice.gov.uk
“This evening, I should like to focus on the role of equity – at first sight, an unusual subject for a common law lecture. But as one of my predecessors as Master of the Rolls, in fact the last Chancery Master of the Rolls before me, Lord Evershed, put it, ‘The function of equity was . . . to fulfil the common law: not so much to correct it as to perfect it’…”
Judiciary of England and Wales, 25th October 2010 (Lecture delivered 12th October)
Source: www.judiciary.gov.uk
“Whether an article was a ‘knife’ within the meaning of s 141A(2)(a) of the Criminal Justice Act 1988 was not a pure question of fact, but a question of mixed fact and law; and the justices had erred in law in finding that s 141A did not apply to a grapefruit knife, notwithstanding that it was a cutting instrument consisting of a blade with a handle.”
WLR Daily, 25th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Purely internal use of a trade mark by its proprietor was not ‘genuine use’ of that mark and that internal use was not ‘use’ of a mark as a trade mark at all. It was not use as part (or even preparatory to) a commercial communication with a third party.”
WLR Daily, 25th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina v M(L) and Others; Regina v Tabot; Regina v Tijani [2010] EWCA Crim 2327 ; [2010] WLR(D) 266
“Where a person was a victim of human trafficking, for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No 197), and whilst retaining some nexus with the trafficking committed an offence which arguably called, in the public interest, for prosecution, the decision whether to prosecute depended on whether the offence committed was serious enough to call for prosecution, which in turn depended on all the circumstances of the case, the gravity of the offence alleged, the degree of continuing compulsion, and the alternatives reasonably available to the defendant. The prosecution was not obliged by art 10 of the Convention to advise a defendant’s solicitors of the availability of human trafficking referral agencies or to refer a represented defendant to those agencies, unless there were something unusual about the defendant’s case, but were obliged to remind the defendant’s solicitors of the existence of those agencies.”
WLR Daily, 25th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Oakes) v Secretary of State for Justice and others [2010] EWCA Civ 1169; [2010] WLR(D) 267
“The different wording of the tests to be applied when considering the suitability for automatic release of a prisoner who had been recalled to prison for breaching the terms of his licence, under ss 255A(5) and 255C(3) of the Criminal Justice Act 2003 (as inserted by section 29(2) of the Criminal Justice and Immigration Act 2008) was deliberate. The test under s 255C(3), that of ‘the protection of the public’ was broader than, and included, the test under s 255A(5), that of ‘risk of serious harm to members of the public’, in that it included the risk of re-offending upon release.”
WLR Daily, 25th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Rt Hon Kenneth Clarke MP, the new Justice Secretary, is interviewed in front of an audience at Gray’s Inn by presenter Joshua Rozenberg.”
BBC Law in Action, 25th October 2010
Source: www.bbc.co.uk
High Court (Queen’s Bench Division)
High Court (Administrative Court)
High Court (Commercial Court)
Gesner Investments Ltd v Bombardier Inc [2010] EWHC 2643 (Comm) (22 October 2010)
Source: www.bailii.org
“A local authority which had obtained a liability order in respect of unpaid council tax and which wished to enforce it by way of insolvency proceedings was not obliged to do so within six years of granting of the order, since the presentation of winding up petitions in respect of sums due under liability orders for unpaid council tax were not within the scope of s 9 of the Limitation Act 1980.”
WLR Daily, 22nd October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Threlfall v Hull City Council [2010] EWCA Civ 1147; [2010] WLR (D) 262
“In cases where an employee had been provided with equipment to use in his employment, but injury had occurred and the question arose whether such ‘personal protective equipment’ had been ‘suitable’ for regulatory purposes and issues of negligence, regard was to be given to both regs 4 and 6 of the Personal Protective Equipment at Work Regulations 1992; and the concept of ‘effectiveness’ was at the heart of the issue of suitability.”
WLR Daily, 21st Octbober 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
O’Connell v Judicial Authority of Santa Cruz de Tenerife [2010] WLR (D) 26
“It was unjust or oppressive by reason of the passage of time, within the meaning of s 14 of the Extradition Act 2003, to order pursuant to a European arrest warrant the extradition of a person to serve the balance of a sentence of imprisonment after his sentence had twice been extended on appeal, rendering him unlawfully at large, where the requesting authority had without good reason delayed issuing the warrant for a significant period of time.”
WLR Daily, 21st October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Granatino v Radmacher (formerly Granatino) [2010] UKSC 42; [2010] WLR (D) 260
“A court should give effect to a nuptial agreement, whether entered into before or after marriage, that was freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement.”
WLR Daily, 21st October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Peter Tatchell plans legal challenge in campaign by gay and mixed-sex couples calling for the same type of union.”
The Guardian, 24th October 2010
Source: www.guardian.co.uk
“Consumers face many situations in which a trader has broken unfair trading regulations but they have no direct course of action, the Law Commission and Law Commission of Scotland have said. Laws that could cover consumers are too complex, they said.”
OUT-LAW.com, 25th October 2010
Source: www.out-law.com
“The collapse of the law firm Halliwells has mesmerised the profession – and raised the question: who’s next?”
The Guardian, 22nd October 2010
Source: www.guardian.co.uk
“A proposed new quality assurance scheme for criminal advocates could prejudice solicitors because it places too much weight on the views of judges, an advocates’ group has warned.”
Law Society’s Gazette, 25th October 2010
Source: www.lawgazette.co.uk
“A failed businessman who murdered a well-to-do elderly couple at their seaside home and stole from them to try to pay off his heavy debts was jailed for 30 years today.”
The Guardian, 21st October 2010
Source: www.guardian.co.uk
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