News – Page 295
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A roundup of several recent trademark decisions
Decisions on trademarks are handed down by a number of tribunals and come too thick and fast for the non-specialist practitioner to be alive to every one. What follows is a crash course in some of the most significant decisions of the past few months.
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Criminal procedure
Fraud – Disclosure orders – Jurisdiction – Realisable property King v Director of the Serious Fraud Office: HL (Lords Phillips of Worth Matravers, Scott of Foscote, Walker of Gestingthorpe, Brown of Eaton-under-Heywood, Mance): 18 March 2009 ...
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Human rights
Criminal law – Discrimination – Peaceful enjoyment of possessions – Pubs and bars - Smoking R (on the application of Howitt) v Preston Magistrates’ Court: DC (Lord Justice Richards, Mr Justice Tugendhat): 19 March 2009 ...
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Personal inquiry
Civil procedure – Damages – Periodical payments orders Cobham Hire Services Ltd v Benjamin Eeles (by his mother & litigation friend Julie Eeles): CA (Civ Div) (Lords Justice Dyson, Thomas, Lady Justice Smith): 13 March 2009 ...
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Jurisdiction of adjudicators
Kompetenz-Kompetenz for adjudicators? The effect of Air Design v Deerglen Air Design allows an adjudicator much wider scope in determining the issues referred to him, even those relevant to questions of jurisdiction. The growth of ...
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Driving a hard bargain: the ins and outs of hire claims
Rather than settling down, credit hire claims in many courts all over the country appear to be on the increase. Certain key issues have been settled in three chapters of litigation to have reached the House of Lords: (a) credit hire agreements are not champertous ...
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Trespassing in the public interest; functional entanglement
A Birmingham city councillor was found by the Administrative Court to have breached the council’s Code of Conduct...
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Civil evidence
Real property – Admissibility – Limitations – Without prejudice communications Ofulue & Anor v Bossert: HL (Lords Hope of Craighead, Scott of Foscote, Rodger of Earlsferry, Walker of Gestingthorpe, Neuberger of Abbotsbury): 11 March 2009 ...
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Free movement of people and adopting EU provisions
To be free or not to be – that is the question for the UK government as it continues to struggle to implement the free movement of people provision, some 50 years after the establishment of the EU.
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Family law
Care – Children – Committal for contempt – Penal notices Re PB (children) sub nom a local authority v (1) HP (2) MB: CA (Civ Div) (Lords Justice Thorpe, Wall, Moore-Bick): 27 February 2009 ...
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Insolvency
Data protection – Serious fraud cases – Transfer of data in the public interest In the matter of Madoff Securities International Ltd: ChD (Mr Justice Lewison): 27 February 2009
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The French estate of an English client: practical aspects
A case study handling the issue of inheritance between England, Wales and France We are to consider the inheritance of the estate of an Englishman deceased in England and owning property in France. The ...
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Insolvency
Data protection – Serious fraud cases – Transfer of data in the public interest In the matter of Madoff Securities International Ltd: ChD (Mr Justice Lewison): 27 February 2009 ...
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Employment law: accrual of annual leave and sickness absence
For the modern solicitor it has become essential to develop the ability not only to be all things to all people, but also to be in many different places at the same time.
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Consumer law
Bank charges – EC law – Fairness – Unfair contract terms Abbey National Plc & seven ors v Office of Fair Trading: CA (Civ Div) (Sir Anthony Clarke, Master of the Rolls, Lords Justice Waller (vice-president), Lloyd): 26 February ...
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Landlord/tenant
Contracts – Consent to assignment – Leaseholds – Sale by auction Landlord Protect Ltd v St Anselm Development Co Ltd: CA (Civ Div) (Lords Justice Waller, Wilson, Stanley Burnton): 20 February 2009 ...