All Law Reports articles – Page 8
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Law Report
Mental health
In a case where the relevant health care trust wished to discontinue life-sustaining treatment with the inevitable consequence that as a result the patient would quickly die, the Court of Protection held that having regard to the diagnosis of the patient by experts, the balance lay strongly in favour of ...
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Law Report
Family
A child had been made the subject of non-molestation injunctions, which extended to her mother, while she was a ward of court. As the child approached her 18th birthday, the mother applied to court for an extension of the injunction to extend indefinitely beyond the conclusion of the wardship proceedings.
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Law Report
Family and children
Ex parte wardship proceedings were brought in respect of four children, all British citizens, as there were reasonable grounds for believing that the entire family had left the UK to join Islamic State in Syria.
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Law Report
Licensing
The full judgment in Simply Pleasure’s challenge to local authorities charging fees that could be used to pay for enforcing a regulatory regime.
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Law Report
Trademark
The Court of Appeal considered appeals by both parties in proceedings brought by the Mattel, which controlled the rights in the well-known game Scrabble in the European Union, to prevent the respondent company (Zynga) from selling an electronic game called Scramble or Scramble with Friends.
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Law Report
Family
The Supreme Court held that none of the exceptions to the general approach applicable to awards of costs in children’s cases as set out in Re T (Children) [2012] applied in the present case.
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Law Report
Costs
The court had booked two interpreters, but they were not provided and a hearing was adjourned. The local authority sought recovery of its costs of that hearing against Capita, which is contracted to provide interpreters.
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Law Report
Practice
Following concerns about the safety of the claimant’s factory in Bangladesh, Primark withdrew its outstanding contracts with the claimant. The claimant brought a claim for damages for alleged defamatory statements published by Primark. Primark applied for the claim to be struck out as an abuse of process.
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Law Report
Right to vote
Prisoners complained that they were prevented from voting in elections, relying on article 3 of the first protocol to the European Convention on Human Rights. The European Court of Human Rights, in allowing the application, held that there had been a violation of article 3, given that the impugned legislation ...
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Law Report
Intellectual property
G-Star brought proceedings against the defendants, alleging that they had been involved in alleged infringement in the UK unregistered design rights in the design of a pair of jeans.
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Law Report
Mental capacity
The defendant disputed the costs that related to the period when the claimant had been acting through a deputy appointed on her behalf.
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Law Report
Negligence
The claimant issued proceedings against Sotheby’s alleging negligence in its investigation of a painting, which is purported to be by Caravaggio.
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Law Report
Judicial review
In the course of litigation following ‘Plebgate’, the claimant police officers sought judicial review of the Independent Police Complaints Commission’s decision to re-determine the mode of investigation of them.
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Law Report
Human rights
Certain preliminary issues came to be tried in more than 600 High Court cases in which Iraqi civilians are claiming damages from the Ministry of Defence for their allegedly unlawful detention and alleged ill-treatment by British armed forces in Iraq.
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Law Report
Costs (family)
In financial proceedings the Family Division imposed a costs penalty on the husband. The judge commented on the scale of the costs incurred by the parties, which he described as ‘totally disproportionate’.
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Law Report
Immigration
Maryam Rajavi, the exiled Iranian politician, appeals against the home secretary’s decision to ban her from entering the UK on the ground that her presence would not be conducive to the public good.
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Law Report
Human rights
The ‘Naked Rambler’ issued proceedings concerning his arrests, prosecutions, convictions and sentences of imprisonment, invoking, in particular, articles 8 and 10 of the European Convention on Human Rights.
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Law Report
Employment
The employment tribunal found that, when the appellant was providing her services through a limited company for the purpose of selling Shiseido cosmetic products in a duty-free outlet managed by the respondent, she was not an employee of the respondent for the purposes of section 83(2) of the Equality Act ...
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Law Report
Insurance
The proceedings arose out of a serious fire at the Sugar Hut Club, Essex in 2009. A dispute arose as to, among other things, the amount of business interruption losses to which the claimants were entitled. In particular, the parties disagreed as to the calculation of the overall loss of ...
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Law Report
Mental health
Following a previous judgment on questions of law in deprivation of liberty cases involving adults who lacked capacity, the Court of Protection supplemented and elaborated on some of those questions.