Law reports – Page 8
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Law Report
Human rights
The European Court of Human Rights dismissed the applicant’s complaint that the decision not to prosecute any individuals in respect of the shooting of Jean Charles de Menezes by police officers following terror attacks in London was in breach of the procedural aspect of article 2 of the European convention.
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Law Report
Competition
The Chancery Division made preliminary rulings in a case brought by Streetmap against Google Inc, alleging that Google had abused a dominant position in its provision of the Google Maps service.
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Law Report
Human rights
The Divisional Court refused the claimant’s application for a declaration that the effect of the ‘householder’s defence’ in section 76(5A) of the Criminal Justice and Immigration Act 2008 was incompatible with article 2 of the European Convention on Human Rights.
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Law Report
Damages
The Court of Appeal, Civil Division, dismissed the defendant newspaper proprietor’s appeals against orders awarding substantial sums to eight claimants for misuse of private information derived from intercepting voicemail messages left on the claimants’ telephones.
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Feature
Donatio mortis causa
King v Chiltern Dog Rescue and Redwings Horse Sanctuary [2015] EWCA Civ 581
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Law Report
Family
The Family Division ruled in proceedings concerning the reporting of the financial details of Liam Gallagher’s divorce from Nicole Appleton.
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Law Report
Landlord and tenant
The Chancery Division held that the claimant was entitled to summary judgment on its claim against Dreamland for delivery up of a mural, attributed to Banksy, which had been removed by Dreamland from the building of which it was the tenant.
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Law Report
Data protection
The Queen’s Bench Division dismissed an application by two Burmese men accused of murdering British citizens in Thailand to view a report compiled by a British police team relating to the Thai investigation.
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Law Report
Libel
The claimant, Freddie Starr, issued proceedings against the defendant for slander and libel for words spoken and subsequently broadcast on the BBC and ITV, and contained in an ebook she published.
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Law Report
Mental health
In a case where the relevant health care trust wished to discontinue life-sustaining treatment with the inevitable consequence that as a result the patient would quickly die, the Court of Protection held that having regard to the diagnosis of the patient by experts, the balance lay strongly in favour of ...
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Law Report
Family
A child had been made the subject of non-molestation injunctions, which extended to her mother, while she was a ward of court. As the child approached her 18th birthday, the mother applied to court for an extension of the injunction to extend indefinitely beyond the conclusion of the wardship proceedings.
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Law Report
Family and children
Ex parte wardship proceedings were brought in respect of four children, all British citizens, as there were reasonable grounds for believing that the entire family had left the UK to join Islamic State in Syria.
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Law Report
Licensing
The full judgment in Simply Pleasure’s challenge to local authorities charging fees that could be used to pay for enforcing a regulatory regime.
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Law Report
Trademark
The Court of Appeal considered appeals by both parties in proceedings brought by the Mattel, which controlled the rights in the well-known game Scrabble in the European Union, to prevent the respondent company (Zynga) from selling an electronic game called Scramble or Scramble with Friends.
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Law Report
Family
The Supreme Court held that none of the exceptions to the general approach applicable to awards of costs in children’s cases as set out in Re T (Children) [2012] applied in the present case.
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Law Report
Costs
The court had booked two interpreters, but they were not provided and a hearing was adjourned. The local authority sought recovery of its costs of that hearing against Capita, which is contracted to provide interpreters.
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Law Report
Practice
Following concerns about the safety of the claimant’s factory in Bangladesh, Primark withdrew its outstanding contracts with the claimant. The claimant brought a claim for damages for alleged defamatory statements published by Primark. Primark applied for the claim to be struck out as an abuse of process.
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Law Report
Right to vote
Prisoners complained that they were prevented from voting in elections, relying on article 3 of the first protocol to the European Convention on Human Rights. The European Court of Human Rights, in allowing the application, held that there had been a violation of article 3, given that the impugned legislation ...
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Law Report
Intellectual property
G-Star brought proceedings against the defendants, alleging that they had been involved in alleged infringement in the UK unregistered design rights in the design of a pair of jeans.
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Law Report
Mental capacity
The defendant disputed the costs that related to the period when the claimant had been acting through a deputy appointed on her behalf.