Opposition against a UK trade mark application – OUT-LAW.com

Posted September 15th, 2022 in news, notification, trade marks by sally

‘Once a trade mark application has successfully passed the examination of the UK Intellectual Property Office (UK IPO), it is published in the Trade Marks Journal. The application is then open for others to oppose its registration. This brief summary explains the procedures for opposing trade mark applications in the UK and for defending an opposition. The proceedings are the same for national UK filings as well as for international registrations designated to the UK.’

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OUT-LAW.com, 14th September 2022

Source: www.pinsentmasons.com

Does the “No notice, no Act” party wall decision leave us in a no win situation? – Practical Law: Construction Blog

Posted September 15th, 2022 in news, notification, party walls, service by sally

‘For many property practitioners, whose work comes within the orbit of the Party Wall etc. Act 1996 (PWA 1996), the High Court’s decision in Power and another v Shah earlier this year only confirmed what they already believed: if a building owner has not served a party wall notice before embarking on their works, an adjoining owner cannot invoke the dispute resolution process under section 10 of the PWA 1996 to seek redress and compensation.
But what does that mean in practical terms for the adjoining owner, and is either party better off as a result?’

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Practical Law: Construction Blog, 14th September 2022

Source: constructionblog.practicallaw.com

Council succeeds in part over whether landlords were “fit and proper” – Local Government Lawyer

Posted September 15th, 2022 in fraud, housing, landlord & tenant, licensing, local government, news by sally

‘A London borough has won on two limited points out of four grounds on which it appealed in a case over whether landlords were “fit and proper”.’

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Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

Court of Protection judge backs trial period of 92-year-old being cared for at home, saying risk was manageable – Local Government Lawyer

Posted September 15th, 2022 in care homes, community care, Court of Protection, elderly, human rights, mental health, news by sally

‘A Court of Protection judge has approved a trial period where a 92-year-old woman (AC) is care for in her home, in a case where the council argued that she should remain in a care home.’

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Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

BSB to use “marginalised by race” as way to describe minority groups – Legal Futures

Posted September 15th, 2022 in barristers, legal language, minorities, news by sally

‘The Bar Standards Board (BSB) is to encourage those it regulates to use terms like “racially minoritised” and “marginalised by race” if they have to use collective language to describe ethnicity.’

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Legal Futures, 15th September 2022

Source: www.legalfutures.co.uk

Disability awareness “often the poor relation” at Bar and in courts – Legal Futures

Posted September 15th, 2022 in barristers, courts, disabled persons, news by sally

‘The courts and the Bar need to do more to be accessible to disabled people, with their approach to disability lagging behind how they treat other protected characteristics, it has been argued.’

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Legal Futures, 15th September 2022

Source: www.legalfutures.co.uk

Court denies claimant chance to recover deductions made by PI firm – Law Society’s Gazette

Posted September 15th, 2022 in damages, fees, news, personal injuries, solicitors by sally

‘A former client who threatened his solicitors with legal action over deductions from his damages has been told he cannot pursue the case.’

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Law Society's Gazette, 14th September 2022

Source: www.lawgazette.co.uk

YouTuber guilty of Oval pitch invasion during England game – BBC News

Posted September 15th, 2022 in news, sport, trespass, video recordings by sally

‘A self-styled YouTube prankster who collided with England cricketer Jonny Bairstow after invading the pitch at the Oval has been found guilty of aggravated trespass.’

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BBC News, 14th September 2022

Source: www.bbc.co.uk

Benjamin Mendy found not guilty of one count of rape – BBC News

Posted September 14th, 2022 in news, rape, sexual offences, sport by sally

‘Manchester City footballer Benjamin Mendy has been found not guilty of one count of rape on the direction of the judge at his trial.’

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BBC News, 13th September 2022

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted September 14th, 2022 in law reports by sally

Court of Appeal (Civil Division)

A (A Child : Withdrawal of Treatment: Legal Representation) [2022] EWCA Civ 1221 (09 September 2022)

High Court (Administrative Court)

Marinescu & Ors v Judecatoria Neamt, Romania & Anor [2022] EWHC 2317 (Admin) (12 September 2022)

High Court (Chancery Division)

Korchevtsev v Severa & Ors [2022] EWHC 2324 (Ch) (13 September 2022)

Source: www.bailii.org.uk

Research Briefing: The death of a monarch – House of Commons Library

Posted September 14th, 2022 in bereavement, news, parliament, royal family by sally

‘The death of a monarch – and the accession of a new sovereign – involves the Cabinet, the Privy Council, Parliament, Buckingham Palace and the Church of England. This paper outlines the historical precedents for the events that will follow the death of Her Majesty Queen Elizabeth II.’

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House of Commons Library , 9th September 2022

Source: commonslibrary.parliament.uk

Tenant successfully defends unlawful subletting case brought by London borough: report – Local Government Lawyer

Posted September 14th, 2022 in housing, landlord & tenant, local government, news by sally

‘The London Borough of Lambeth has lost a case in which it thought a woman was illegally sub-letting a one-bed studio council flat.’

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Local Government Lawyer, 13th September 2022

Source: www.localgovernmentlawyer.co.uk

Unbundling has potential to improve access to justice – and clients – Legal Futures

Posted September 14th, 2022 in law firms, legal services, news, solicitors, Solicitors Regulation Authority by sally

‘Unbundling has the potential to increase access to justice and help firms attract new clients, but awareness among lawyers and consumers is low, research by the Solicitors Regulation Authority (SRA) has found.’

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Legal Futures, 14th September 2022

Source: www.legalfutures.co.uk

Reece Heffernan stabbing: Three jailed for murder – BBC News

Posted September 14th, 2022 in drug offences, gangs, imprisonment, murder, news, sentencing by sally

‘Three drug dealers who stabbed a man to death in the street have been jailed for his murder.’

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BBC News, 13th September 2022

Source: www.bbc.co.uk

Claimant seeks judicial review of grant of planning permission which will see closure of highway – Local Government Lawyer

Posted September 13th, 2022 in judicial review, news, planning, roads by sally

‘The City of York Council has been threatened with a judicial review of its decision to grant planning permission for the extension of a museum which detractors argue involves removing a vital route into the city for pedestrians and cyclists.’

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Local Government Lawyer, 12th September 2022

Source: www.localgovernmentlawyer.co.uk

The importance of an appropriate Mortgagee Exclusion Clause – Local Government Lawyer

Posted September 13th, 2022 in drafting, exclusion clauses, mortgages, news by sally

‘Claire Waring considers the use of a Mortgagee Exclusion Clause (MEC) and explains why careful drafting is key.’

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Local Government Lawyer, 12th September 2022

Source: www.localgovernmentlawyer.co.uk

Religious objections to COVID vaccine: Wierowska – Law & Religion UK

Posted September 13th, 2022 in Christianity, coronavirus, equality, news, unfair dismissal, vaccination by sally

‘Miss P Wierowska v HC-One Oval Ltd [2022] UKET 1403077/2021 was a tribunal judgment on the preliminary issue of whether or not the claimant was entitled to rely on religious objections to the COVID vaccine in a claim against her former employers arising from her dismissal.’

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Law & Religion UK, 13th September 2022

Source: lawandreligionuk.com

All UK express trusts must now register under anti-money laundering laws – OUT-LAW.com

Posted September 13th, 2022 in money laundering, news, regulations, terrorism, trusts by sally

‘New UK government requirements for trust registration under the anti-money laundering (AML) and counter terrorist financing (CTF) regulations have come into force.’

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OUT-LAW.com, 12th September 2022

Source: www.pinsentmasons.com

Director was not personally liable for actions of a company – OUT-LAW.com

Posted September 13th, 2022 in company directors, misrepresentation, negligence, news by sally

‘When a claimant sues a company, they often also bring a claim against senior management to ensure that there is a solvent defendant against which any judgment can be enforced.’

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OUT-LAW.com, 12th September 2022

Source: www.pinsentmasons.com

Parents of dying baby “should have had adjournment” after lawyers withdrew – Legal Futures

Posted September 13th, 2022 in adjournment, children, hospitals, legal aid, legal representation, medical treatment, news by sally

‘A High Court judge was wrong to refuse an adjournment sought by parents of a brain-damaged baby who lost their legal representation shortly before a hearing on withdrawing treatment, the Court of Appeal has ruled.’

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Legal Futures, 13th September 2022

Source: www.legalfutures.co.uk