News – Page 227

  • News

    Police services

    18 March 2013

    Police attendance at football matches – Defendant police force providing police services in certain identified streets and public areas beyond stadium and areas owned and controlled by claimant football club (the extended footprint) Leeds United Football Club v Chief ...

  • News

    Changes to criminal law – part 2

    18 March 2013

    On 1 September 2012 it became an offence under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) for a person to trespass in a residential building by living or intending to live in the building when he knew or ought to have known that ...

  • News

    Insurance

    18 March 2013

    Claimant challenging defendant secretary of state's decision to ban referral fees – secretary of state contending no process of consultation adopted R (on the application of Association of Personal Injury Lawyers) v Secretary of State for Justice: Queen's Bench ...

  • News

    Patent

    18 March 2013

    Infringement – Validity of patent – Obviousness – Prior art Samsung Electronics Co Ltd v Apple Retail UK Ltd and another company: Chancery Division, Patents Court: 7 March 2013 The ...

  • News

    Does Henry costs ruling undermine Jackson?

    2013-03-18T00:00:00Z

    It was an interesting experience to have achieved success in the Court of Appeal for the appellant in Sylvia Henry v News Group Newspapers Limited ([2013] EWCA Civ 19), only for virtually every commentator in the costs world to pour derision on the judgment. Job well done, some might say. ...

  • News

    Appeal

    11 March 2013

    Discharge of jury – Defendant being convicted – Defendant appealing R v Pouladian-Kari: Court of Appeal, Criminal Division: 22 February 2013 The Court of Appeal, Criminal Division quashed the defendant's ...

  • News

    Human rights

    11 March 2013

    Human Rights – Freedom of expression – Protesters The wife and children of Omar Othman v The English National Resistance and others: Queen's Bench Division: 25 February 2013 The Queen's ...

  • News

    History book; care home fees; charging charities

    11 March 2013

    Thursday marks a key milestone in the history of local government lawyers. John Emms (former solicitor to the council at Kirklees MBC) will publish his book Local Lawyers: Public Practice. As Solicitors in Local Government merges with its chief officer counterpart, the Association of Council Secretaries and Solicitors, the book ...

  • News

    Testamentary capacity

    11 March 2013

    In Hawes v Burgess [2013] EWCA Civ 74, the Court of Appeal upheld the trial judge’s finding that the deceased’s last will (which cut out her son) was invalid and that her earlier will (leaving everything equally to her three children) therefore remained unrevoked.

  • News

    Copyright

    11 March 2013

    Infringement – Authorising infringement without licence of owner – Claim arising from downloading of music from three file-sharing websites in breach of copyright EMI Records Ltd and other companies v British Sky Broadcasting Ltd and other companies: Chancery Division: ...

  • News

    Criminal legal aid procurement

    11 March 2013

    ‘Competitive tendering’ – two words that strike fear and dread into the hearts of many a hardened criminal legal aid practitioner. But what do they mean, and why, after several failed attempts, is the government so keen to introduce this into a market that is almost unanimously opposed to the ...

  • News

    Family law arbitration wins

    2013-03-11T00:00:00Z

    Does this ring a bell? You sit opposite a client whose face gradually lengthens, whose mouth drops and whose eyes widen in dismay and disbelief as you describe how long it takes to bring matrimonial financial issues to a conclusion through the court litigation process. You ...

  • News

    Repayment

    04 March 2013

    Trade union – Legal proceedings – Action for wrong done to union National Union of Mineworkers v Scargill: Chancery Division: 21 December 2012 The Chancery Division considered the entitlement of ...

  • News

    Immigration debate has shifted from a meaningful exchange of ideas

    04 March 2013

    There is a deficit of meaningful dialogue in the immigration debate. Despite unprecedented access to countless news sources, rich information and varied points of view, we often tend to only consume our favourite flavour of opinion. Partly because of the explosion of online media and the ...

  • News

    Contempt of court

    04 March 2013

    Committal – Breach of undertaking McCann and another v Bennett: Queen's Bench Division: 21 February 2013 The parents of Madeline McCann sought the committal of the defendant for contempt by ...

  • News

    Family

    04 March 2013

    Judgment – Alteration Re L and B (Children): Supreme Court: 20 February 2013 The Supreme Court considered an appeal by the father in a family case. In an oral judgment, ...

  • News

    Employment tribunal

    25 February 2013

    Procedure – Hearing – Postponement O'Cathail v Transport for London: Court of Appeal, Civil Division: 29 January 2013 The Court of Appeal, Civil Division, in allowing the employer's appeal, held ...

  • News

    Common law

    25 February 2013

    Water and watercourses – Riparian Right – Extent Moore v British Waterways Board: Court of Appeal, Civil Division: 14 February 2013 The Court of Appeal, Civil Division, held that there ...

  • News

    Judicial review

    25 February 2013

    Claimant being convicted of drug-trafficking offences in Bali and being sentenced to death R (on the application of Sandiford) v Secretary of State for Foreign and Commonwealth Affairs: Queen's Bench Division, Divisional Court: 4 February 2013 ...

  • News

    Trademarks and the ‘own name’ defence

    25 February 2013

    In 2008, the High Court granted an injunction prohibiting the use of the name ‘Cipriani’ for a restaurant in London ([2008] EWHC 3032 (Ch)). This was subsequently upheld by the Court of Appeal ([2010] EWCA Civ 110). The parties have recently returned to court to address claims for breach of ...