News – Page 232
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Publicity order
Claimant submitting defendant failing to comply with publicity notice – Claimant applying for further order Samsung Electronics (UK) Ltd v Apple Inc: Court of Appeal, Civil Division (Mr Justice Longmore, Kitchin and Sir Robin Jacob): 9 November 2012 ...
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Insolvency
Bankruptcy – Discharge – Release of bankruptcy debts by discharge McRoberts v McRoberts: Chancery Division (Mr Justice Hildyard): 1 November 2012 A discharged bankrupt sought the release of his financial ...
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European Union
Workers – Freedom of movement – Social security – Income support Saint Prix v Secretary of State for Work and Pensions: Supreme Court (Lords Neuberger P, Mance, Kerr and Reed, Lady Hale): 31 October 2012 ...
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Part 36: the normal costs rules
The normal costs rules under part 36.10(5)(a) and (b) provide that, where a part 36 offer is accepted after the relevant period has expired and unless the court orders otherwise, the claimant will be entitled to the costs of the proceedings up to the date on which the relevant period ...
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Exception to enforcing foreign judgment
Boris Berezovsky was recently successful in having a £15m claim brought against him by the state-owned Russian airline, Aeroflot, dismissed by Mr Justice Floyd, who gave summary judgment in Berezovsky’s favour on 30 October ([2012] EWHC 3017 (Ch)). Addleshaw Goddard acted for Berezovsky.
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Libel damages
Damages – Assessment – Claimants having libellous comments made against them Cairns v Modi; KC v MGN Ltd: Court of Appeal, Civil Division (Lord Judge CJ, Lord Neuberger of Abbotsbury and Mr Justice Eady): 31 October 2012 ...
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Employment
Redundancy – Dismissal by reason of redundancy – Whether tribunal erring SNR Denton UK LLP v Kirwan and another: Employment Appeal Tribunal (Mr Justice Langstaff): 10 July 2012 The Employment ...
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Intellectual property
Database rights – Infringement – Confidential information British Sky Broadcasting Group plc and others v Digital Satellite Warranty Cover Ltd (in liquidation): Chancery Division (Sir William Blackburne): 1 October 2012 ...
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Negligence: snails, golf clubs and tree roots
Since the decomposed remains of a snail were found in a bottle of ginger beer in a Paisley cafe in 1928 (the famous case of Donoghue v Stevenson [1932] All ER Rep 1, which underpins the modern law of negligence) we have all been expected to take reasonable care not ...
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Immigration
Asylum seeker – Appeal – Fresh claim – Claimant being refused asylum from Sri Lanka R (on the application of Sathasivam) v Secretary of State for the Home Department: Queen's Bench Division, Administrative Court (London) (Judge Mackie QC (judgment ...
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European Union
Intellectual property rights – Database rights – Infringement Football Dataco Ltd and other companies v Sportradar GmbH and another company: Court of Justice of the European Union (Third Chamber) (Judges Silva de Lapuerta, Acting as President of the ...
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Forensic science: the police piper calls the tune
Alistair Logan provides a powerful account of the disturbing consequences of the enforced closure of the Forensic Science Service (FSS). We, who were members of the FSS until its closure, write to amplify the concerns that he expressed.
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Extradition
European arrest warrant – Respondent judicial authority issuing warrant Nikitins v Presecutor General's Office, Republic of Latvia: Queen's Bench Division, Administrative Court (London) (Mr Justice Ouseley): 25 July 2012 The ...
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Employment
Holidays with pay – Employee airline pilots only receiving basic salary by way of remuneration for annual leave British Airways Plc v Williams and others: Supreme Court (Lords Hope DP, Walker, Mance, Clarke and Sumption SCJJ): 17 October 2012 ...
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The need to protect privacy
Serious public interest issues have been played out in the court and the media over the past few months. I write, of course, about the royal buttocks of Prince Harry, the regal breasts of his sister-in-law the Duchess of Cambridge and the extra-marital activities of the former England football manager ...
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Commercial property
The report of E.ON UK plc v Gilesports Limited [2012] EWHC 2172 bears reading because there are a number of interesting points, but in this article I will focus on only one – how long is a reasonable time to consent to an assignment?