News – Page 235
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News
Executors of Bernard Matthews v Matthews
As paragraph 2 of the judgment (September 5 2012, see link to the law report below) says: ‘Mr Matthews was the founder of a very successful turkey farming and food production business which grew into a household name. His memorable advertisements of its products can still be seen on YouTube.’
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Costs belong to the client
Fact or fiction? Solicitors are retained by a client. They issue and prosecute a judicial review of the decision of the secretary of state for the home department (SSHD). They settle the action on terms that include payment of their reasonable costs. Within six months, their client has diverted the ...
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The end of the age of innocence
I started my career as a criminal defence lawyer with the famous words of Viscount Sankey LC firmly in mind: 'Throughout the web of English criminal law one golden thread is always to be seen. No matter what the charge or where the trial, the principle that the prosecution must ...
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Intellectual property
Design - Design right - Infringement - Claimant company holding community registered designs and community trademarks Pollen Estate Trustee Company Ltd Bayerische Motoren Werke Aktiengesellschaft v Round and Metal Ltd and another: ChD (Pat) (Mr Justice Arnold): 27 July ...
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Intellectual property
Trademark - Infringement - Passing off - Confusion Fine & Country Ltd and other companies v Okotoks Ltd and another company: ChD (Mr Justice Hildyard): 31 July 2012 The claimant ...
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Planning – costs and material considerations
Can a planning authority take cost into account when considering whether or not to revoke a planning consent? And just what are ‘material considerations’ in planning legislation? If the answer to these questions has been keeping you anxiously awake, you can now sleep peacefully. The Supreme Court has recently prescribed ...
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Home truths
Housing law in the county court can appear to have a limited range. A typical Possession Claim Online list consists almost entirely of claims founded on rent or mortgage arrears, with perhaps a few involving section 21 of the Housing Act 1988 or antisocial behaviour.
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Beginner’s guide to the ban on age discrimination in goods and services
From 1 October, the government will bring into force the provisions within the Equality Act 2010 (EA 2010) which prohibit age discrimination in the field of goods and services by virtue of the Equality Act 2010 (Commencement No 9) Order 2012. This means that commercial, charitable and public sector organisations ...
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Managing the risk of IP theft
Intellectual property theft is often linked to cases of redundancies or team moves, where an employee leaves the company, taking with them sensitive documents such as business plans, customer information, or financial results. The employee will then offer a next employer this IP or will use it to start a ...
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Delays in the family justice system
How often has it been said that delay is the cancer which eats away at our system of justice? The Civil Procedure Rules were brought in on a tide of enthusiasm to reduce delay. The latest Family Procedure Rules adopt much of the style, form and content of their civil ...
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Increase in damages by 10%
In Simmons v Castle [2012] EWCA Civ 1039, the Court of Appeal has added to the general splashing about which precedes the enactment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. In an effort to provide ‘proper, prospective warning’, it has jumped in ahead of the implementation ...
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International law
Foreign sovereign state - Immunity from suit - Applicant company obtaining foreign judgment against one of Iraq’s government ministries Bank and others: SC (Justices of the Supreme Court, Lords Phillips (president), Clarke, Sumption, Reed, Lady Hale): 17 August 2012 ...
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Assumption of responsibility for a subsidiary's responsibilities
In the landmark decision of Chandler v Cape plc [2012] EWCA Civ 525, the Court of Appeal upheld a High Court decision that a parent company owed a direct duty of care towards an employee of one of its subsidiaries to ensure a safe system of work. This case has ...
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Benefit fraud: additional checks
This is the third of four articles focusing on benefit fraud prompted by the case of Coventry City Council v Vassel 2011 EWHC 1542 Admin. In particular, it highlights the additional checks solicitors make when reviewing the evidence and alternative penalties. ...