News – Page 283
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Intellectual property
Brand names - Comparative advertising - Infringement - Perfumes (1) L’Oréal SA (2) Lancôme Parfums et Beauté and CIE (3) Laboratoire Garnier and CIE v (1) Bellure NV (2) Malaika Investments Ltd (T/A Honeypot Cosmetic and Perfumery Sales) (3) ...
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Employment
Civil procedure – Ballots – Compliance – Industrial action British Airways Plc v Unite the Union: CA (Civ Div) (Lord Chief Justice, Master of the Rolls Lord Neuberger of Abbotsbury, Lady Justice Smith): 20 May 2010 ...
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Employment law: the Equality Act 2010 – pressing the launch button
Not all good ideas make the grade. Hover cars, that dream of youth, have still to take off and the BBC has cancelled my suggested Tolkien-based detective series, Midsommer Mordor. Pity.
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Freedom of information: rights of access and endangerment
Section 38 of the Freedom of Information Act 2000 exempts public authority information from the general right of access if its disclosure would, or would be likely to, endanger the physical or mental health of any individual and/or the safety of any individual. The term ‘endanger’ is the same as ...
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Insolvency
Administration – Creditors – Debtors In the matter of Kaupthing Singer & Friedlander Ltd (In Administration): CA (Civ Div) (Lords Justice Mummery, Hughes, Etherton): 11 May 2010 The appellant joint ...
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Civil procedure
Civil evidence – Family law – Maintenance Child Support Agency v Forrest: DC (Lord Justice Elias, Mr Justice Keith): 14 May 2010 The appellant Department for Work and Pensions ...
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Negligence
Contacts – Damages – Legal profession (1) Levicom International Holdings BV (2) Levicom Investments Curacao NV v Linklaters (a firm): CA (Civ Div) (Lords Justice Jacob, Lloyd, Stanley Burnton): 11 May 2010 ...
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IT/IP: Google and brand searches
A landmark decision from the European Court of Justice will have brand owners checking whether, and how, third parties use their brands as internet search terms.
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Civil procedure
Civil evidence – Claims – Closed material – Disclosure Bisher Al Rawi and five others (appellants) v (1) Security Service (2) Secret Intelligence Service (3) Attorney General (4) Foreign and Commonwealth Office (5) Home Office (respondents) and (1) ...
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Legal advice
Funding – European Union – Public procurement – Equal treatment Azam & Co v Legal Services Commission; Ch D (Mr Justice Briggs): 5 May 2010 The claimant firm of ...
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Legal advice
Funding – Fees – Liens - Complaints R (on the application of Malik Law Chambers Solicitors) (claimant) v Legal Complaints Service (the Law Society) (defendant) and Thandie Tobo (interested party): QBD (Admin) (Mr Justice Saunders): 6 May 2010 ...
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Public funding for representation at inquests: equality of arms?
The charitable organisation INQUEST has criticised the current inquest system because ‘there is no equity of arms in terms of legal funding’...
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Chancery Lane highlights the importance of legal professional privilege
The Court of Appeal’s decision to give the Law Society permission to intervene in Prudential PLC and Prudential (Gibraltar) Limited v Special Commissioner of Income Tax and Philip Pandolfo (HM Inspector of Taxes) is a crucial step in our efforts to defend the principles of legal professional privilege (LPP). LPP ...
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Local government: council of war
‘Phoney War’ was the term used to describe the early months of World War II. Between the formal start of hostilities in September 1939 and Spring 1940, things seemed relatively quiet – at least in Western Europe. After that, of course, the dogs of war were let slip, furious and ...
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Landlord and tenant
Assured tenancies – Improvements – Legislative intention – Tenancies Cherry Sheila Hughes v Borodex Ltd: CA (Civ Div) (Sir Andrew Morritt (chancellor), Lady Justice Arden, Lord Justice Patten): 27 April 2010 ...
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Immigration
Administrative law – Torts – Deportation – Detention Abdillaahi Muuse (respondent) v Secretary of State for the Home Department (appellant): CA (Civ Div) (Sir Andrew Morritt (chancellor), Lord Justice Thomas, Sir Scott Baker): 27 April 2010 ...
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Employment
Age discrimination – Degrees – Indirect discrimination – Proportionality Homer v Chief Constable of West Yorkshire: CA (Civ Div) (Lords Justice Mummery, Maurice Kay, Richards): 27 ...
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Criminal: defence witness notices
A new obligation has been placed on defence lawyers by the implementation of section 34 of the Criminal Justice Act 2003, introducing a section 6 C into the Criminal Procedure and Investigations Act 1996.