A haircut for broad trade mark specifications – Technology Law Update

Posted May 13th, 2020 in chambers articles, interpretation, news, trade marks by sally

‘The protection offered by a registered trade mark is defined by the particular goods and services for which it is registered. But how broad can a trade mark specification be? Too narrow and you risk having no control over the use of your brand in closely linked goods or services, and with little wriggle room for protection as you expand your offering. Too broad and you run the risk of having the trade mark registration challenged.’

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Technology Law Update, 12th May 2020

Source: www.technology-law-blog.co.uk

Avoid frame-by-frame analysis of fast moving events and discussion of evidence in front of officers – UK Police Law Blog

Posted May 13th, 2020 in assault, chambers articles, evidence, families, human rights, inquests, news, police, professional conduct by sally

‘In Goodenough v Chief Constable of Thames Valley Police [2020] EWHC 695 (QB), the High Court, Turner J, considered a claim for damages brought by Robin Goodenough’s mother and sister. The claims arose out of Mr Goodenough’s death on 27 September 2003 following a short car chase and traffic stop. The Claimants asserted that police officers had assaulted Mr Goodenough and that thereafter had been breaches of Article 2 of the Human Rights Act 1998. The case provides useful insights into the approach to be taken when conducting a judicial analysis of incidents such as this and may be relied upon by those arguing that an Art. 2 inquest is required in order to meet investigative short comings.’

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UK Police Law Blog, 12th May 2020

Source: ukpolicelawblog.com

Redundancy and Coronavirus: Picking up the Pieces – Six Pump Court

Posted May 13th, 2020 in chambers articles, coronavirus, employment, employment tribunals, news, redundancy by sally

‘Clearly recent events have had a huge impact on business and substantial changes to the nature and size of workforces is expected which will, unfortunately, require consideration of redundancies.’

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Six Pump Court, 11th May 2020

Source: www.6pumpcourt.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 13th, 2020 in legislation by sally

The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 13th, 2020 in law reports by sally

Court of Appeal (Civil Division)

TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2020] EWCA Civ 618 (12 May 2020)

SAS Institute Inc v World Programming Ltd [2020] EWCA Civ 599 (12 May 2020)

Garrec & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2020] EWCA Civ 621 (12 May 2020)

High Court (Administrative Court)

The Mayor of London v the Secretary of State for Housing, Communities And Local Government & Ors [2020] EWHC 1176 (Admin) (12 May 2020)

Nmai, R (on the application of) v The Secretary of State for the Home Department [2020] EWHC 1139 (Admin) (12 May 2020)

High Court (Chancery Division)

Koza Ltd & Anor v Koza Altin Isletmeleri AS [2020] EWHC 1092 (Ch) (12 May 2020)

The Secretary of State for Business, Enterprise and Industrial Strategy v Viceroy Jones New Tech Ltd & Ors [2020] EWHC 1155 (Ch) (12 May 2020)

Dreams Ltd v Pavilion Property Trustees Ltd & Anor [2020] EWHC 1169 (Ch) (12 May 2020)

High Court (Commercial Court)

Russian Commercial Bank (Cyprus) Ltd v Khoroshilov [2020] EWHC 1164 (Comm) (12 May 2020)

High Court (Queen’s Bench Division)

Quality Solicitors Harris Waters v Okonkwo [2020] EWHC 1168 (QB) (12 May 2020)

Barclay & Anor v Barclay & Ors (No 2) [2020] EWHC 1180 (QB) (07 May 2020)

Source: www.bailii.org

Chagos islanders’ exile is ongoing breach of human rights, court told – The Guardian

Posted May 13th, 2020 in appeals, Chagos Islands, class actions, colonies, compensation, human rights, news by sally

‘Denying exiled Chagos islanders the right to return to their homes on the Indian Ocean archipelago is a continuing breach of their human rights and not just a historical injustice, the court of appeal has been told.’

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The Guardian, 12th May 2020

Source: www.theguardian.com

Murder trial resumes with counsel and jury swapping seats – Legal Futures

Posted May 13th, 2020 in barristers, coronavirus, courts, criminal justice, health, health & safety, juries, murder, news, trials by sally

‘A jury trial resumed at the Old Bailey yesterday, with barristers in the jury and press boxes, and jurors socially distancing in counsel’s rows after being told there were no face masks for them.’

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Legal Futures, 12th May 2020

Source: www.legalfutures.co.uk

“Repugnant to Ordinary Notions of Fairness”? The Crime of Leaving Your House – The 36 Group

Posted May 13th, 2020 in burden of proof, chambers articles, coronavirus, emergency powers, freedom of movement, news by sally

‘On a sunny afternoon in April 2020, a couple sit on the grass in Finsbury Park, North London. A police officer approaches them. A month later, they plead Not Guilty at Highbury Corner Magistrates’ Court to an offence of Leaving/Being Outside Home Without Reasonable Excuse, contrary to Regulations 9(1) and 6(1) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (as amended). Two months later, they attend court again for trial.’

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The 36 Group, 24th April 2020

Source: 36group.co.uk

Judge questions coronavirus case against ‘homeless’ London man – The Guardian

Posted May 13th, 2020 in coronavirus, Crown Prosecution Service, emergency powers, fines, freedom of movement, homelessness, judges, news, offensive weapons, police, prosecutions by sally

‘A judge has questioned the Crown Prosecution Service’s decision to charge a man who said he was homeless with allegedly breaching coronavirus regulations by leaving “the place where he was living”.’

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The Guardian, 12th May 2020

Source: www.theguardian.com

Immigration Law Update May 2020 – 4 King’s Bench Walk

Posted May 12th, 2020 in deportation, detention, human rights, immigration, medical treatment, news, refugees, Supreme Court by sally

‘Immigration Law Update with articles from Kate Jones, Tori Adams, Daniel Wand, Ben Haseldine and Jyoti Wood.’

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4 King's Bench Walk, 5th May 2020

Source: www.4kbw.co.uk

Disability discrimination when shielded during Covid-19 – 1MCB

Posted May 12th, 2020 in coronavirus, disability discrimination, disabled persons, employment, news by sally

‘In this blog, we consider the employment protections from discrimination and dismissal available to disabled people who are also shielding during Covid-19.’

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1MCB, May 2020

Source: 1mcb.com

Not Arkin any more – Nearly Legal

Posted May 12th, 2020 in civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘This is the Court of Appeal judgment in the appellant’s challenge to the lawfulness, extent and effect of the stay of Part 55 possession proceedings until 25 June 2020 under Practice Direction 51Z.’

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Nearly Legal, 11th May 2020

Source: nearlylegal.co.uk

Rights & Wrongs? Standard of proof in dishonesty cases considered by the Court of Appeal – Hardwicke Chambers

Posted May 12th, 2020 in banking, conspiracy, fraud, illegality, news, standard of proof by sally

‘The standard of proof in dishonesty cases: simple to state, difficult to apply. In Bank St Petersburg PJSC v Arkhangelsky [2020] EWCA Civ 408 the difficulty led the Court of Appeal to reverse an experienced High Court judge’s dismissal of a counterclaim. The matter was remitted after a 46 day trial spread over 6 months in 2016, 22 months waiting for a 388 page judgment and nearly 2 years waiting for the Court of Appeal decision on 18 March 2020. Jack Dillon and Amy Held consider the implications.’

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Hardwicke Chambers, 10th May 2020

Source: hardwicke.co.uk

Why is the “illegality” defence back in the spotlight? – 4 New Square

Posted May 12th, 2020 in chambers articles, defences, illegality, news by sally

‘It is not uncommon for defendants to professional negligence claims to argue that the claimant should be barred from recovering damages because his or her cause of action is tarred by illegality. However, over recent years, the law has taken a variety of approaches to when illegality will provide a defence. With the issue about to come before the Supreme Court again, Helen Evans and Ian McDonald of 4 New Square explain.’

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4 New Square, 4th May 2020

Source: www.4newsquare.com

Is the law of vicarious liability still ‘on the move’? Barclays Bank plc v Various Claimants [2020] UKSC 13 – 3PB

Posted May 12th, 2020 in assault, doctors, news, sexual offences, vicarious liability by sally

‘The 126 claimants in this case were all employees of Barclays Bank who, at the start of their employment between the late 1960s and early 1980s, were required to undergo a medical examination. Examinations were carried out by Dr Bates (now deceased), a general practitioner who was not an employee of the Bank but engaged as an independent contractor to provide this service, and did so at his home. The Claimants alleged that they were sexually assaulted by Dr Bates while undergoing this examination and brought a group action against the Bank for compensation. A preliminary issue was whether Barclays could be vicariously liable for his actions.’

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3PB, May 2020

Source: www.3pb.co.uk

Business Interruption Insurance Claims arising from COVID-19 – 3PB

Posted May 12th, 2020 in coronavirus, economic loss, insurance, news by sally

‘Businesses across the country remain shut down and face mounting losses affecting not just cash-flow, but their very survival.’

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3PB, 28th April 2020

Source: www.3pb.co.uk

School fails in Court of Appeal bid to have Ofsted report quashed – Local Government Lawyer

Posted May 12th, 2020 in education, injunctions, judicial review, news, reports by sally

‘The Court of Appeal has dismissed a bid by a state-funded secondary school in the north of England to have an adverse Ofsted report quashed.’

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Local Government Lawyer, 11th May 2020

Source: www.localgovernmentlawyer.co.uk

Dishonesty: Barton & Booth v The Queen – Pump Court Chambers

Posted May 12th, 2020 in care homes, conspiracy, elderly, fraud, gifts, news by sally

‘Barton & Booth-v-The Queen [2020] EWCA Crim 575. The Court of Appeal considers whether the new definition of ‘dishonesty’ given by the Supreme Court in the case of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67 applies in criminal cases.’

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Pump Court Chambers, 30th April 2020

Source: www.pumpcourtchambers.com

Harry Dunn crash: Anne Sacoolas extradition refusal ‘final’ – BBC News

Posted May 12th, 2020 in accidents, diplomats, extradition, immunity, news, road traffic by sally

‘The US has said its decision to refuse an extradition request for Harry Dunn’s alleged killer was final.’

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BBC News, 12th May 2020

Source: www.bbc.co.uk

Case Preview: Ecila Henderson (A Protected Party, by her litigation friend, The Official Solicitor) v Dorset Healthcare University NHS Foundation Trust – UKSC Blog

Posted May 12th, 2020 in diminished responsibility, homicide, hospitals, mental health, negligence, news by sally

‘The claimant had a long history of mental health difficulties arising from her diagnosis of paranoid schizophrenia. Following a period spent in hospital detention, the claimant received outpatient psychiatric treatment. During this time, her condition deteriorated and she stabbed her mother to death while experiencing a serious psychotic episode. She was charged with murder and pleaded guilty to manslaughter by reason of diminished responsibility. An independent investigation found that failings by the Trust in her care and treatment meant that a serious incident of some kind was foreseeable based on her behaviour in previous psychotic episodes. The Trust admitted liability to the effect that the claimant’s mother would not have been killed but for its breaches of duty in failing to respond adequately to the claimant’s deterioration in mental health.’

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UKSC Blog, 11th May 2020

Source: ukscblog.com