All Law Reports articles – Page 11
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Law Report
Patent
The claimant companies brought proceedings, contending that two patents had been infringed by the defendant companies (together, Virgin). Virgin contended that the patents lacked novelty over a number of other matters, and were obvious. The Patents Court held that, among other things, both patents were invalid for obviousness.
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Law Report
Jurisdiction
The employment tribunal had found the claimant teacher’s claims, including of sexual and racial discrimination, against the third defendant head teacher established. The tribunal’s order was subsequently revoked on review and there was no outstanding judgment against the third defendant. The third defendant appealed, seeking a decision that the tribunal’s ...
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Law ReportFreedom of information
A Guardian journalist appealed after the attorney general blocked the publication of letters Prince Charles wrote to government departments.
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Law Report
Breach of confidence
The claimant musicians pitched the Real Deal, a music talent show, to Sky. Sky did not commission the claimants’ show, but later commissioned and broadcast another musical talent show programme, Must be the Music.
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Law Report
Libel and slander
A Thai official tried to sue the former Football Association chairman Lord Triesman for libel, over allegations Triesman made about him before a parliamentary select committee.
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Law Report
Tax
The issue in the case was whether late paid fees for membership of the taxpayer’s health and fitness club were properly to be regarded as the consideration for a supply of services for VAT purposes.
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Law Report
Employment
The employee had been made redundant following the closure of a US military base in the UK. She successfully issued proceedings seeking a protective award. On the employer’s appeal to the Court of Appeal, Civil Division, a question was referred to the Court of Justice of the European Union.
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Law Report
Immigration
In dismissing the applicant’s appeal against a refusal to allow his application for judicial review of the secretary of state’s refusal to revoke a deportation order made against him, the Court of Appeal, Civil Division, held that the word ‘matter’ in section 96(1) of the Nationality, Immigration and Asylum Act ...
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Law Report
Inquest
The widow of Alexander Litvinenko sought judicial review of the refusal by the secretary of state Theresa May to order an inquiry into the circumstances of the Russian’s death by poisoning in 2006.
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Law Report
Trademark
The Chancery Division considered a claim by Lush, a cosmetics company. Lush contended that the defendant companies, which were part of Amazon, the online retailer, had infringed its trademark by using it to direct customers to other products similar to, but not sold by, Lush.
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Law Report
Procedure
The Divisional Court dismissed the claimant trade union’s application for judicial review of the defendant lord chancellor’s decision to introduce a fees regime for bringing and pursuing claims in the employment tribunal and the Employment Appeal Tribunal.
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Law Report
Criminal law
The Court of Appeal, Criminal Division, in dismissing the defendant’s appeal against conviction for various counts of fraud by dishonest representation and two counts of possession of articles for use in fraud, held that the principles applicable to inconsistent verdicts were capable of applying by analogy where it was logically ...
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Law Report
Libel and slander
The claimant issued libel proceedings against the defendant newspaper following the publication of an article. The judge rejected the newspaper’s defence of justification and entered judgment for the claimant. The newspaper appealed.
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Law Report
Contract
The Commercial Court considered a dispute about the payment of commission by the defendant companies, which had sold insurance and other financial products to the claimant trade union. The court interpreted the agreements between the parties, holding that neither party’s interpretation was correct.
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Law Report
Probate
The judgment in the Marley v Rawlings wills mix-up appeal. General guidance was also provided in the matter of validity of wills.
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Law Report
Trademark
In proceedings brought by Oxford University against the defendant company Oxford Law School Limited, the Intellectual Property Enterprise Court held that the defendant had infringed both the claimant’s UK and Community trademarks.
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Law Report
Tax
Taxpayer being private golf club charging non-members access charge to play on golf course (green fee) – Taxpayer having paid VAT to Revenue and Customs Commissioners on green fee income – Taxpayer seeking reimbursement of amount of VAT overpaid in respect of green fees
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Law Report
Mental health
Court of Protection – Jurisdiction – Applicant being daughter of elderly woman – Sibling moving mother from England and Wales to Scotland – Applicant applying for return of mother to England
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Law Report
Contract
Ukrainian custom authorities placing controls on exports of wheat – Sellers contending prohibition clause in contract discharging liability in the light of customs restrictions
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Law Report
Immigration
Family member of EEA national – Claimant marrying French national and acquiring right of residence as family member of EEA national – Claimant being convicted of numerous criminal offences – Claimant serving sentence of imprisonment