Law reports

Latest law reports from Lexis Nexis

Sir James Munby

Mental health

31 October 2014

Following a previous judgment on questions of law in deprivation of liberty cases involving adults who lacked capacity, the Court of Protection supplemented and elaborated on some of those questions.

Insurance

Insurance

31 October 2014

The proceedings arose out of a serious fire at the Sugar Hut Club, Essex in 2009. A dispute arose as to, among other things, the amount of business interruption losses to which the claimants were entitled. In particular, the parties disagreed as to the calculation of the overall loss of turnover.

Specsavers

Trademark

23 October 2014

The court found a judge had erred in ordering revocation of a Specsavers trademark where evidence that use of the wordless logo together with the registered word trademark superimposed over the top had served to identify the goods.

RCJ

Criminal law

23 October 2014

The Court of Appeal, Criminal Division, allowed an appeal against convictions for robbery, in circumstances where the evidence that had been critical to the convictions related to admissions allegedly made to police officers who were part of a now-discredited crime squad.

Vinyl on turntable

Damages

17 October 2014

A dispute arose over the pop track Heartbroken and at an earlier hearing a judge held that the performer’s rights relating to the vocal at the centre of the dispute belonged to the claimant. These proceedings concerned damages.

Birmingham UK

Parental order

16 October 2014

The Family Division held that the Human Fertilisation and Embryology Act 2008 did not have the effect of preventing the court from making a parental order.

Chris Grayling

Judicial review

9 October 2014

The claimants sought judicial review of the lord chancellor’s decisions that there would be 525 duty provider work contracts and an average immediate reduction of 8.75% in criminal legal aid fees.

Hotel room

Competition

9 October 2014

Skyscanner appealed against the Office of Fair Trading’s decision, accepting commitments from intervening companies in the hotel industry to modify their behaviour by limited discounting of room-only rates to closed groups.

Will

Costs

26 September 2014

A full report of the judgment in the costs case related to Marley v Rawlings, in which parents had each signed the wrong mirror will.

British passport

Immigration

25 September 2014

The claimant Pakistani national challenged the home secretary’s refusal of a British passport to which she claimed to be entitled as a British citizen by descent.

New York

Injunction

18 September 2014

The Commercial Court dismissed the claimants’ application for an injunction pursuant to section 37 of the Senior Courts Act 1981 to restrain the first defendant from pursuing or taking any step in proceedings commenced against the second and third claimants in the supreme court of New York.

Odeon cinema

Tax

18 September 2014

The Upper Tribunal (Tax and Chancery Chamber) ruled on an appeal by Bookit Ltd against a decision of the Revenue and Customs Commissioners which had decided that credit and debit card handling fees were not exempt from a European directive and should be standard rated.

Barclays bank

Practice

11 September 2014

The claimant had arranged a loan with the defendant bank. He subsequently sought to transfer the loan from himself to a company that he controlled. The claimant and the company brought proceedings against the bank for, among other things, misrepresentation.

Rolls-building

Patent

11 September 2014

The first claimant owned two UK patents for an invention entitled ‘flying shark’ and the second claimant was the exclusive licensee of the first claimant in respect of both patents. The defendant devised and imported toys for sale in the UK, in particular, flying fish known as ‘mega fliers’.

European Court of Human Rights

Human rights

1 September 2014

Applicant prisoners lodge applications against UK, complaining they are prevented from voting in European Parliament elections

Family outline

Family

27 August 2014

In this adoption application, the parent and step-parent of a child applied to the court to adopt a mother’s two children (by different fathers).  The trial judge refused application so the father appealed.

Downing Street

Practice

21 August 2014

In a case management conference regarding two libel actions concerning the events that happened when the claimant was leaving Downing Street with his bicycle, the Queen’s Bench Division approved the parties’ proposals that the action should be tried by a judge sitting without a jury.

Boris Johnson

Judicial review

7 August 2014

The claimant sought judicial review of the decision by Transport for London not to allow the Christian organisation’s advertisement to appear on its buses, on the basis that the decision had been made for the improper purpose of advancing the second defendant mayor’s electoral campaign.

Tribunal

Employment

7 August 2014

The case returned to the employment tribunal (the tribunal) for a decision as to whether the selection by the employer solicitors’ firm of the compulsory age of 65 for retirement had been proportionate to achieve its aims of retention and workforce planning.

Chris Grayling

Residence test

31 July 2014

The claimant sought judicial review of the secretary of state’s proposal, by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014, to introduce a residence test for cases most in need of public funding.

The Department for work and Pensions

Human rights

30 July 2014

The defendant secretary of state had policies concerning the holding of information of the claimant’s gender reassignment. The claimant issued judicial review proceedings, contending that the secretary of state’s policies were unlawful.

Supreme Court

Constitutional law

25 July 2014

A British national, was in prison in Bali, Indonesia, awaiting execution by firing squad, following her conviction for drug offences. The defendant secretary of state had provided substantial consular assistance, but he had declined to pay for legal help, relying on what was said to be a rigid policy. The appellant issued judicial review proceedings in England, challenging the validity of the secretary of state’s policy.

Apple store

EU trademark

24 July 2014

A request had been made in proceedings between Apple and the German Patent and Trade Mark Office, concerning the latter’s rejection of an application by Apple for registration of a trademark.

Mental health

17 July 2014

There was an application before the court in respect of DD, a 36-year-old woman with learning difficulties, who was pregnant with her sixth child. The applicants sought for declarations and orders in relation to the care and health of DD during the final stage of her current pregnancy, and in the safe delivery of the unborn baby. The applicants applied for a further order authorising the conduct of an assessment of DD’s capacity to make decisions about contraception, following the imminent ...

Chequered flag

Income tax

10 July 2014

The Upper Tribunal (Tax and Chancery Chamber) allowed the appeal by the Revenue and Customs Commissioners against a decision of the First-tier Tribunal (Tax Chamber) in which the FTT had decided that a penalty paid by McLaren Racing Ltd for a breach of sporting code of the Federation Internationale de l’Automobile was deductible by McLaren in computing its taxable profits.

Police station sign

False imprisonment

10 July 2014

The police had been called to an incident in which the appellant had been implicated. The officer had blocked the appellant in a doorway and told him to calm down otherwise he would be arrested.

High Court

Family

3 July 2014

The parents of a child SR born in 2011 opposed the making of an adoption order in favour of the proposed adopters. The Family Division held that there was only one route which would sufficiently safeguard the welfare of SR and that was the route of adoption.

Sterling notes

Legal aid

3 July 2014

Six claims were heard together in which each claimant challenged the defendant Director of Legal Aid Casework’s decisions refusing to grant legal aid in respect of their immigration proceedings.

Criminal law

18 June 2014

The defendants (AB and CD) both faced charges of having committed offences contrary to s 58 of the Terrorism Act 2000.

Aldi

Passing off

5 June 2014

The claimant made and sold hair oil under the name Moroccanoil and the defendant, Aldi, sold hair oil called Miracle Oil. The claimant issued proceedings against the defendant for passing off.

UK border

Immigration

5 June 2014

The First-tier Tribunal (Immigration and Asylum Chamber) (the FTT) assessed the claimant asylum seeker as a minor, but the High Court in distinct judicial review proceedings found that he was not a minor.

Movie flapper

Copyright

28 May 2014

The claimant companies owned the copyright to many films and television programmes. They brought proceedings against the first defendant, H, and companies alleged to have been controlled by him, contending that he had been responsible for large-scale copyright fraud.

Tennis racquet and balls

Practice

28 May 2014

The claimant’s race discrimination claim against the Lawn Tennis Association was dismissed.

Barristers

Costs

22 May 2014

The Bar Standards Board sought judicial review of the Disciplinary Tribunal of the Council of the Inns of Court’s decision awarding the interested party non-practising barrister costs.

High Court

Injunction

21 May 2014

The claimant solicitor brought an action for misuse of private and confidential information and harassment, and for damages against the defendant sex worker.

BBC New Broadcasting House

Human rights

14 May 2014

A had been convicted of sexual offences and the secretary of state sought to deport him. A challenged the deportation decision.

Danish Kaneria

Arbitration

14 May 2014

The claimant, Danish Kaneria, was a professional cricketer. In June 2012, the defendant body found him guilty of two charges, including inducing or encouraging, or attempting to induce or encourage, another cricketer to not to perform to his merits by deliberately conceding a minimum number of runs.

Houses of Parliament

Mental health

6 May 2014

The claimant had been released from hospital on conditional discharge. The defendant secretary of state recalled him to hospital under section 42(3) of the Mental Health Act 1983.

UK border control

Extradition

6 May 2014

The appellant Spanish national was accused of involvement in a conspiracy to launder money which was the proceeds of crime.

War Horse

Injunction

29 April 2014

The claimant musicians sought an interim injunction or specific performance to require the defendant Royal National Theatre to continue to engage them in the production of War Horse.

Deana Uppal

Defamation

29 April 2014

The claimant housemate in the 2012 series of Big Brother, a former Miss India UK, issued libel proceedings concerning two broadcasts of Big Brother.

High Court

Extradition

16 April 2014

The respondent judicial authority sought the appellant Lithuanian national’s extradition pursuant to a European arrest warrant so that she could stand trial in relation to an allegation of assisting an ‘armed robbery’, said to have occurred in 1996.

Ryanair plane

Customs and excise

16 April 2014

Ryanair had sought to reclaim air passenger duty, which it alleged it had overpaid in respect of connected flights.

Patent

2 April 2014

The claimant companies brought proceedings, contending that two patents had been infringed by the defendant companies (together, Virgin). Virgin contended that the patents lacked novelty over a number of other matters, and were obvious. The Patents Court held that, among other things, both patents were invalid for obviousness.

Jurisdiction

2 April 2014

The employment tribunal had found the claimant teacher’s claims, including of sexual and racial discrimination, against the third defendant head teacher established. The tribunal’s order was subsequently revoked on review and there was no outstanding judgment against the third defendant. The third defendant appealed, seeking a decision that the tribunal’s findings of fact had been wrong.

Prince Charles

Freedom of information

19 March 2014

A Guardian journalist appealed after the attorney general blocked the publication of letters Prince Charles wrote to government departments.

Breach of confidence

19 March 2014

The claimant musicians pitched the Real Deal, a music talent show, to Sky. Sky did not commission the claimants’ show, but later commissioned and broadcast another musical talent show programme, Must be the Music.

Libel and slander

4 March 2014

A Thai official tried to sue the former Football Association chairman Lord Triesman for libel, over allegations Triesman made about him before a parliamentary select committee.

Tax

4 March 2014

The issue in the case was whether late paid fees for membership of the taxpayer’s health and fitness club were properly to be regarded as the consideration for a supply of services for VAT purposes.

Employment

26 February 2014

The employee had been made redundant following the closure of a US military base in the UK. She successfully issued proceedings seeking a protective award. On the employer’s appeal to the Court of Appeal, Civil Division, a question was referred to the Court of Justice of the European Union.

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