News – Page 258
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Contempt of court
Civil Contempt - Committal - Claimant being responsible for motor accident involving defendants' car Lane v Shah: Queen's Bench Division, Divisional Court (Lords Justice Laws and Simon (judgment delivered extempore)): 5 October 2011 ...
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Financial Services
Financial Services Authority (FSA) - Regulation of financial services - Collapse of hedge fund Visser and another v Financial Services Authority: Upper Tribunal (Tax and Chancery Chamber) (Mr Justice Bishopp, Keith Palmer, Terence Carter): 9 August 2011 ...
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Trademark infringement using Google ‘AdWords’
The Court of Justice of the European Union has handed down its long-awaited judgment in Interflora v Marks & Spencer (Case C-323/09). The final outcome remains to be decided by the High Court, but the judgment provides important guidance for businesses using competitors’ trademarks as Google ‘AdWords’. However, some parts ...
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Criminal evidence
Disclosure - Conspiracy to defraud electoral registration officer R v Khan and others: Court of Appeal, Criminal Division (Lord Justice Pitchford, Mr Justice Wilkie, Mr Justice Holroyde): 7 October 2011 ...
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European Union
Services - Freedom of movement - Television broadcasting Football Association Premier League Ltd and others v QC Leisure and others: ECJ (Grand Chamber): Judges Skouris (president), Tizzano, Cunha Rodrigues, Lenaerts, Bonichot, Arabadjiev and Kasel (presidents of chambers), Borg Barthet, ...
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Human rights
Right to a fair trial - Right of access to a lawyer - Statement or admissions made to police without access to legal advice Ambrose v Harris (Procurator Fiscal Oban) (Scotland) and other appeals: SC (Justices of the Supreme ...
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Construction
Building contract - Adjudication - Award Witney Town Council v Beam Construction (Cheltenham) Limited: Queen's Bench Division, Technology and Construction Court (Mr Justice Akenhead): 12 September 2011 Having concluded that ...
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Employment
Health and safety at work - Organisation of working time - Rest breaks Hughes v Corps of Commissionaires Management Ltd: Court of Appeal, Civil Division (Sir Anthony May, president, Lords Justice Thomas, Elias): 8 September 2011 ...
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Hargreaves’ IP framework
On 3 August, the government published its response to the independent review of the intellectual property framework carried out by the journalist, academic and public servant, Professor Ian Hargreaves. The review set out to determine whether copyright laws obstruct innovation and economic growth, preventing companies such as Google (that relies ...
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Sentencing
Imprisonment - Length of sentence R v H: Court of Appeal, Criminal Division (Lord Justice Elias, Mr Justice Maddison, Mr Justice Burnett): 27 September 2011 The Court of Appeal, ...
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Sentencing
Custodial sentence - Dangerous offenders - Robbery R v McKenzie: Court of Appeal, Criminal Division (Lord Justice Richards, Mr Justice Calvert-Smith, Mr Justice Underhill): 29 September 2011 The Court of ...
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Immigration
Leave to remain - Appeal - Claimants coming to United Kingdom in 2000 R (on the application of Mine) and others v Secretary of State for the Home Department: Queen's Bench Division, Administrative Court (Mr Justice Simon): 9 September ...
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Removing an arbitrator on grounds of bias
One of the fundamental principles upon which arbitration rests is the entitlement of each party to have a fair hearing by an impartial arbitral tribunal. Indeed, this is a principle upheld by article 6 (right to a fair trial) of the European Convention on Human Rights. And this is also ...
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Immigration
Leave to enter - Indefinite leave Bah v United Kingdom: European Court of Human Rights (Garlicki, President, Bratza, Mijovic, Hirvela, Nicolaou, Bianku and De Gaetano): 27 September 2011 The European ...