Trade marks – Sky v Skykick, The Final Chapter – NIPC Law

Posted May 12th, 2020 in EC law, news, trade marks by sally

‘On 23 May 2016 Sky PLC and its subsidiaries Sky AG and Sky UK Ltd. (“Sky”) issued proceedings against Skykick UK Ltd and Skykick Inc.(“Skykick”) for infringement of their EU and UK trade marks and passing off. Skykick denied infringement and passing off and counterclaimed for declarations that the trade marks were wholly or partially invalid on the grounds that the specified goods and services were unclear and imprecise and the applications for those trade marks had been made in bad faith.’

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NIPC Law, 9th May 2020

Source: nipclaw.blogspot.com

Families sue UK government over ‘little or no education’ for their children – The Guardian

Posted May 12th, 2020 in coronavirus, education, ministers' powers and duties, news by sally

‘Four families who say their children have received “little or no” education since schools in England were closed to most pupils have started legal action against the government.’

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The Guardian, 7th May 2020

Source: www.theguardian.com

Court of Appeal rejects challenge to Covid-19 stay – Litigation Futures

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

‘The Court of Appeal has rejected a challenge to the emergency practice direction issued by the Master of the Rolls to stay all possession proceedings for three months in response to Covid-19.’

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Litigation Futures, 11th May 2020

Source: www.litigationfutures.com

The magic soup stone strikes again (more new authorities about remote hearings) – Transparency Project

Posted May 12th, 2020 in care orders, contact orders, family courts, live link evidence, news, remote hearings by sally

‘[T]here are two new remote hearing related judgments out :

A Local Authority v Mother & Ors [2020] EWHC 1086 (Fam) and Re Q [2020] EWHC 1109 (Fam).’

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Transparency Project, 7th May 2020

Source: www.transparencyproject.org.uk

Solicitor cleared over alleged confidentiality breach – Legal Futures

Posted May 12th, 2020 in confidentiality, disciplinary procedures, news, solicitors by sally

‘A solicitor accused of disclosing to a client confidential information about a former client has been cleared of wrongdoing by a disciplinary tribunal.’

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Legal Futures, 11th May 2020

Source: www.legalfutures.co.uk

Boy, 8, Wins Legal Bid Against Home Office Policy Which Left Him Street Homeless – Each Other

Posted May 12th, 2020 in benefits, children, homelessness, housing, human rights, immigration, ministers' powers and duties, news by sally

‘An eight-year-old British boy and his migrant mum were unlawfully made street homeless by a Home Office policy which denied them social security payments, a court has ruled.’

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Each Other, 8th May 2020

Source: eachother.org.uk

Administration of estates involving land during the pandemic – The 36 Group

Posted May 12th, 2020 in coronavirus, executors, news, rent, repossession, sale of land by sally

‘It is common for the estates of deceased persons to have as part of their assets land occupied by persons other than the personal representatives. This property might comprise residential or business premises let to tenants and generating an income for the estate, or, a common case, property occupied by the deceased together with a licensee (such as an adult child of the deceased) until death and which continues to be occupied by that licensee after death. The circumstances of the pandemic and its attendant legislation may complicate dealings with such premises, and those complications are considered here.’

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The 36 Group, 27th April 2020

Source: 36group.co.uk

The Impact of COVID-19 on Inquests and Inquiries – 11KBW

Posted May 12th, 2020 in chambers articles, coronavirus, inquests, inquiries, news by sally

‘The COVID-19 pandemic is obviously relevant to those who act in the area of Inquests and Inquiries. There will inevitably be a dramatic rise in the workload of coroners and, ultimately, in the number of full inquests being heard. Due to arguments concerning the state’s role in the handling of the pandemic, or of medical provisions and other more systemic issues, there may also be a public inquiry. This note is intended to identify the most immediate issues for practitioners.’

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11KBW, 29th April 2020

Source: www.11kbw.com

COVID-19: “Legal view: how to implement site operating procedures” – Atkin Chambers

Posted May 12th, 2020 in construction industry, coronavirus, health & safety, news by sally

‘“There have been as many plagues as wars in history, yet always plagues and wars take people equally by surprise” – these words from Albert Camus’ The Plague sum up how the COVID-19 pandemic has taken the world by storm. The UK’s construction industry is facing the greatest challenge since Brexit, but there is little specific guidance from Westminster on the way forward. Whereas all non-essential sites in Scotland have been ordered to close, sites across the rest of the country have been left in the unenviable position of having to decide whether they should remain open.’

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Atkin Chambers, 6th May 2020

Source: www.atkinchambers.com

It’s not just what you say, it’s how you act in the courtroom – Re P (A Child: Remote Hearing) [2020] EWFC 32 – 5SAH

Posted May 12th, 2020 in advocacy, chambers articles, coronavirus, family courts, news, remote hearings by sally

‘The family court has transformed in the last few weeks due to the Covid-19 pandemic. Remote court hearings were once deemed futuristic but as with other public services, the courts have had to adapt. However, in this judgment (Re P (A Child: Remote Hearing)), Sir Andrew McFarlane sent a clear message that not all hearings will be suitable for remote hearing.’

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5 SAH, 6th May 2020

Source: www.5sah.co.uk

Holiday Claims And COVID-19: What Options Do You Have If Your Travel Plans Are Disrupted? – 3PB

Posted May 12th, 2020 in airlines, chambers articles, coronavirus, holidays, insurance, news by sally

‘On 23rd March 2020 the UK government went into lockdown in an attempt to curb the spread of Covid-19 in the country. The Foreign and Commonwealth Office has advised British people against all non-essential travel abroad due to unprecedented border closures. In relation to cancelled travel plans, the FCO further advised travellers to get in touch with their airline, travel company, or other transport and accommodation provider, or their insurer. However, recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Many are, of course, concerned that deferred bookings might not suit them due to inability to travel at a later stage, or where credit notes have been offered, that these might not be viable if the companies go bankrupt. Some have also turned to their banks; in a number of cases, without success.’

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3PB, 4th May 2020

Source: www.3pb.co.uk

Responding to COVID-19 the Maritime Perspective in the UK – 3PB

Posted May 12th, 2020 in chambers articles, coronavirus, news, ships by sally

‘We have reviewed the response to the Covid 19 crisis from international organisations and authorities and the UK Government and we have analysed responses from the cruise industry and UK ports. It is clear that protecting the health of those on ships and minimising the risk of transporting the coronavirus between different shores necessitates a focus on similar measures to those taken in society in general. These measures, however, need to be adapted to the very different environment on board ships.’

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3PB, 28th April 2020

Source: www.3pb.co.uk

Residential Possession Proceedings: Coronavirus Lockdown – 4-5 Gray’s Inn Square

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

‘Thus far, the two major steps taken in housing law to address the
current coronavirus (COVID-19) crisis are:
– CPR PD 51Z
– Coronavirus Act 2020 s.3 and Sch.29’

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4-5 Gray's Inn Square, 28th April 2020

Source: www.4-5.co.uk

Clarification of the Test for Dishonesty in Criminal Law: R v David Barton and Rosemary Booth [2020] EWCA Crim 575 – Park Square Barristers

Posted May 12th, 2020 in contracts, deceit, gambling, news, Supreme Court by sally

‘In this landmark decision, a five – judge constitution of the Court of Appeal (Criminal Division), headed by the Lord Chief Justice of England and Wales, clarified that the test for dishonesty in criminal law is that set out by Lord Hughes in the Supreme Court authority of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67; [2018] AC 391. This test is to be preferred to the test of the Court of Appeal Criminal Division in R v Ghosh [1982] QB 1053.’

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Park Square Barristers, 30th April 2020

Source: www.parksquarebarristers.co.uk

Injuncting OFSTED reports – Court of Appeal maintains heightened hurdle test – Education Blog

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

‘The normal Cyanamid test for granting an interim injunction is whether there is a serious issue to be tried; if so, whether damages would be a sufficient remedy; and if not, where the balance of convenience (or balance of injustice) lies. Sometimes these stages, particularly the last two, get compressed together.’

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Education Blog, 9th May 2020

Source: education11kbw.com

Juries and Covid-19: protecting the right to a fair trial – UK Human Rights Blog

Posted May 12th, 2020 in coronavirus, human rights, juries, news by sally

‘With Covid-19 having driven jury-trials to a grinding halt, it is no overstatement to suggest that justice itself has been suspended.’

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UK Human Rights Blog, 7th May 2020

Source: ukhumanrightsblog.com

“Uphill battle” to engage judges in remote JR hearings – Litigation Futures

Posted May 12th, 2020 in judicial review, judiciary, news, remote hearings, telecommunications by sally

‘It is often impossible to sense how a judge is receiving submissions during remote judicial review hearings held during the Covid-19 lockdown, leading to confusion for advocates, a study has found.’

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Litigation Futures, 11th May 2020

Source: www.litigationfutures.com

Can I Trust The NHS’ Covid-19 Contact Tracing App? – Each Other

Posted May 12th, 2020 in computer programs, coronavirus, news, telecommunications by sally

‘Around 60 percent of the UK public will need to use the NHS’ Covid-19 contact tracing app for it to effectively quell the outbreak. But it has been warned that uptake will depend on whether the app “gives reason to be trusted”. EachOther asks experts their views on how trust is being earned and eroded.’

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Each Other, 7th May 2020

Source: eachother.org.uk

Interpretation of category 1 factors for offences of causing GBH or wounding with intent – R v Xue [2020] EWCA Crim 587 – Park Square Barristers

Posted May 12th, 2020 in grievous bodily harm, interpretation, news, sentencing, wounding by sally

‘This comment notes the recent Court of Appeal decision which focused upon the interpretation of two category 1 factors indicating greater harm under the Sentencing Guideline for causing GBH or wounding with intent under section 18 OAPA 1861 (‘section 18’):

– Injury (which includes disease transmission and/or psychological harm) which is serious in the context of the offence (must normally be present);
– Sustained or repeated assault on the same victim.’

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Park Square Barristers, 5th May 2020

Source: www.parksquarebarristers.co.uk

Coronavirus: Do I have to go back to work after lockdown? – BBC News

Posted May 12th, 2020 in coronavirus, employment, health & safety, news by sally

‘The government has started easing lockdown restrictions, with more people now encouraged to start returning to work.’

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BBC News, 11th May 2020

Source: www.bbc.co.uk