News – Page 245
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Jurisdiction
High Court - Inherent jurisdiction - Circumstances in which exercisable A Local Authority and others v DL: Court of Appeal, Civil Division (Lord Justices Maurice Kay, McFarlane and Davis): 28 March 2012 ...
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The Leveson Inquiry
The government announced plans last month to bring an end to the use of wild animals in travelling circuses in England. Great news for animal lovers concerned by the risk of mistreatment and cruelty to animals. But will it herald the demise of this unique entertainment event? If so, help ...
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Intellectual property
Equity - Confidence - Breach of confidence Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD and others: Chancery Division (Mr Justice Arnold): 21 March 2012 ...
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ET or not ET? That is the question
When an employment lawyer dies it must be tempting for those left behind to draw upon the career of the deceased when considering an inscription for the tombstone. Some may aspire to the simple phrase: ‘He lived as he died; scandalous, vexatious and with no reasonable prospect of success.’ For ...
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Copyright - access and similarity
The creation and development of characters and storylines can be tricky, whether they are entirely fictional or based on fact, as two recent copyright cases have shown. In Mitchell v BBC, a question arose on subconscious copying of cartoon characters; while in Hodgson v Isaac, a dispute arose as to ...
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Stamping out misconduct
The role of tax planning in legal advice is under increased scrutiny. Tax planners are now in danger of being viewed as ‘tax avoiders’ (HM Revenue & Customs) or even ‘tax evaders’ (Solicitors Regulation Authority) - and the implications could be career shortening for solicitors. Here is why. ...
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Immigration
Asylum - Refugee - Temporary admission R (on the application of ST (Eritrea)) v Secretary of State for the Home Department: Supreme Court (Lords Hope DP, Brown, Mance, Kerr, Clarke and Dyson, Lady Hale) : 21 March 2012 ...
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Criminal law
Appeal - Engaging in misleading commercial practice R v Scottish and Southern Energy plc: Court of Appeal, Criminal Division (Lord Justice Davis, Mr Justice Nicol and Judge Kramer QC): 16 March 2012 ...
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Intellectual property
Transfer of action - Action assigned to Patents County Court - Defendant applying for transfer of trade mark proceedings to High Court Comic Enterprises Ltd v Twentieth Century Fox Film Corporation: PCC (Judge Birss QC): 22 March 2012 ...