Patents – Technetix BV v Teleste Ltd – NIPC Law

Posted November 19th, 2019 in amendments, news, patents by sally

‘This was a claim for patent infringement and a counterclaim for revocation on grounds of anticipation, obviousness and added matter. There was also an application for unconditional and conditional amendments to the patent. The claim and counterclaim came on before His Honour Judge Hacon sitting as a judge of the Patents Court in Technetix BV and another v Teleste Ltd [2019] EWHC 3106 (Pat) (18 Nov 2019). His Honour tried the action in May and delivered judgment on 18 Nov 2019. The learned judge held at paragraph [122] of his judgment that the patent was invalid on all three grounds .and refused the amendments though he found that the patent would have been infringed hand it been valid.’

Full Story

NIPC Law, 19th November 2019

Source: nipclaw.blogspot.com

Man mutilates horse by stabbing it 20 times but is only charged with ‘criminal damage’ – The Independent

Posted November 19th, 2019 in animal cruelty, criminal damage, horses, news, offensive weapons, sentencing by sally

‘A teenager who mutilated a prize-winning horse by stabbing it 20 times has only been jailed for two months because the attack was classed as “criminal damage”.’

Full Story

The Independent, 19th November 2019

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted November 19th, 2019 in law reports by sally

Court of Appeal (Civil Division)

W (A Child), Re [2019] EWCA Civ 1966 (18 November 2019)

C (A Child) (Interim Separation), Re [2019] EWCA Civ 1998 (18 November 2019)

High Court (Chancery Division)

Maggistro-Contenta & Anor v O’Shea & Anor [2019] EWHC 3035 (Ch) (18 November 2019)

High Court (Commercial Court)

Etihad Airways PJSC v Flother [2019] EWHC 3107 (Comm) (18 November 2019)

High Court (Patents Court)

Technetix BV & Anor v Teleste Ltd [2019] EWHC 3106 (Pat) (18 November 2019)

Source: www.bailii.org

London council to take battle over borough-wide injunction and camping on open spaces to Court of Appeal next month – Local Government Lawyer

Posted November 19th, 2019 in appeals, injunctions, local government, news, travellers by sally

‘The Court of Appeal will next month (3 December) hear an appeal by Bromley Council over the High Court’s refusal to extend an interim injunction prohibiting camping on 171 open spaces and car parks in the borough.’

Full Story

Local Government Lawyer, 18th November 2019

Source: www.localgovernmentlawyer.co.uk

Jodie Chesney murder: two teenagers jailed for life – The Guardian

Posted November 19th, 2019 in murder, news, sentencing, young offenders by sally

‘Two teenagers have been jailed for life for the “callous, casual and irresponsible” murder of 17-year-old Jodie Chesney.’

Full Story

The Guardian, 18th November 2019

Source: www.theguardian.com

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

Full Story

Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

Tribunals and human rights – Nearly Legal

Posted November 18th, 2019 in appeals, disability discrimination, government departments, housing, human rights, news, statutory interpretation, Supreme Court, tribunals by sally

‘The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant’s human rights has reached the Supreme Court. The decision has some far reaching implications for bedroom tax appeals and beyond.’

Full Story

Nearly Legal, 15th November 2019

Source: nearlylegal.co.uk

Solicitor tried to take unfair advantage of other lawyer’s error – Legal Futures

Posted November 18th, 2019 in conveyancing, disciplinary procedures, fees, law firms, news, professional conduct, solicitors, Solicitors Regulation Authority, undertakings, unfair commercial practices by sally

‘A solicitor discarded an undertaking he had given and tried to take advantage of a mistake made by the law firm on the other side of a conveyancing transaction, it has emerged.’

Full Story

Legal Futures, 15th November 2019

Source: www.legalfutures.co.uk

Civil partnerships legislation – unfinished business – Law & Religion UK

Posted November 18th, 2019 in civil partnerships, consultations, equality, homosexuality, marriage, news, parliament, statutory interpretation by sally

The draft Civil Partnership (Opposite-sex Couples) Regulations 2019 (“the Regulations”) was the first item of the secondary legislation within the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 (“the Act”) to achieve the necessary approval of both Houses under the affirmative resolution procedure. It was also the last item of debated business before parliament was dissolved on 6 November. Through section 2(2) of the Act the regulations were subject to a “sunset clause” which required them to be in force by the end of December, and as such, only limited time was available for its scrutiny and approval; this left a number of items of unfinished business, and these are summarized below.

Full Story

Law & Religion UK, 18th November 2019

Source: www.lawandreligionuk.com

Free Internet Access ‘Should Be A Human Right’ – Professor – Rights Info

Posted November 18th, 2019 in equality, human rights, internet, news, statistics by sally

‘Many of us take for granted our ability to tap in to Twitter or spend longer than we would care to admit tumbling down a YouTube rabbit hole. But this luxury is not afforded to an estimated 1.94 million UK households lacking internet access in 2019.’

Full Story

Rights Info, 15th November 2019

Source: rightsinfo.org

Cryptoassets and smart contracts valid in English law – Law Society’s Gazette

Posted November 18th, 2019 in computer programs, cryptocurrencies, documents, electronic filing, financial regulation, news by sally

‘Assets and contracts created with blockchain-type encryption technology have validity under existing English law, a high-powered group of legal experts chaired by a senior member of the judiciary reported today.’

Full Story

Law Society's Gazette, 18th Novembe 2019

Source: www.lawgazette.co.uk

Boxer’s banker fails in negligence claim against lawyers – Legal Futures

Posted November 18th, 2019 in banking, barristers, employment tribunals, law firms, negligence, news, race discrimination, solicitors, sport, unfair dismissal by sally

‘A solicitor, his law firm and the barrister they instructed have been granted summary judgment on a negligence claim brought against them by a banker fired for his work with boxer David Haye.’

Full Story

Legal Futures, 18th November 2019

Source: www.legalfutures.co.uk

Sophie Brimble: Man jailed for killing woman in race crash – BBC News

Posted November 18th, 2019 in accidents, dangerous driving, news, road safety, road traffic offences, sentencing, unlawful killing by sally

‘A driver who caused the “needless” death of a woman in an 80mph crash has been jailed for eight years.’

Full Story

BBC News, 18th November 2019

Source: www.bbc.co.uk

Brothers’ and sisters’ rights in care – Transparency Project

Posted November 18th, 2019 in adoption, appeals, care orders, children, families, human rights, news, Supreme Court by sally

‘Many people believe that we do not pay enough attention to the rights of children in care to stay with, or at least stay in touch with, their brothers and sisters. Our relationships with our brothers and sisters can be the longest and most valuable in our lives but, for a range of reasons, these relationships can be disrupted when children are taken into care – or adopted – and are arguably overlooked by the law.’

Full Story

Transparency Project, 17th November 2019

Source: www.transparencyproject.org.uk

Information watchdog updates guidance for data controllers on protecting ‘special category data’ – Local Government Lawyer

Posted November 18th, 2019 in codes of practice, data protection, local government, news, ombudsmen, privacy by sally

‘The ICO has issued updated guidance on special category data, to which data controllers must give extra protection under the GDPR.’

Full Story

Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Boss jailed after racially abusing and defrauding security guard staff – The Independent

Posted November 18th, 2019 in abuse of position of trust, company directors, fraud, news, racism, remuneration, security companies, sentencing by sally

‘A company boss who racially abused workers when they complained about not being paid has been jailed for defrauding staff out of almost £60,000.’

Full Story

The Independent, 15th November 2019

Source: www.independent.co.uk

Go to the LAA for civil contempt funding, not us – High Court – Law Society’s Gazette

Posted November 18th, 2019 in appeals, civil justice, injunctions, legal aid, litigants in person, news, solicitors by sally

‘Litigants in person and solicitors should go through the Legal Aid Agency, not the High Court, for public funding in civil contempt proceedings, a judge has said in a bid to clear up confusion over who has the power to grant legal aid.’

Full Story

Law Society's Gazette, 15th November 2019

Source: www.lawgazette.co.uk

Supreme Court to rule next week on community benefit fund donations and material considerations for granting planning permissions – Local Government Lawyer

Posted November 18th, 2019 in appeals, energy, local government, news, planning, Supreme Court by sally

‘The Supreme Court will next week (20 November) hand down an imporrtant ruling on whether a council was entitled to take into account as a material consideration, when granting planning permission, the offer of a community benefit fund donation.’

Full Story

Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

‘Power of attorney more important than will’, says widow – BBC News

Posted November 18th, 2019 in bereavement, documents, news, powers of attorney, wills by sally

‘The wife of a man who died in an electric skateboard crash has spoken of the importance of a legal document that let him “die with dignity”.’

Full Story

BBC News, Novembet 2019

Source: www.bbc.co.uk

Lloyds shareholders lose legal fight over HBOS takeover – The Guardian

Posted November 18th, 2019 in banking, class actions, damages, disclosure, news, shareholders, takeovers by sally

‘Thousands of shareholders in Lloyds Banking Group have lost a multimillion pound legal battle against the bank over its takeover of HBOS at the height of the global financial crisis.’

Full Story

The Guardian, 15th November 2019

Source: www.theguardian.com