Law reports

Latest law reports from Lexis Nexis

Port of Dover

Family and children

29 May 2015

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.

Simply Pleasure

Licensing

7 May 2015

The full judgment in Simply Pleasure’s challenge to local authorities charging fees that could be used to pay for enforcing a regulatory regime.

Scrabble

Trademark

1 May 2015

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.

Supreme Court

Family

8 April 2015

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.

Kent CC

Costs

10 March 2015

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.

Primark store

Practice

6 March 2015

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.

Voter

Right to vote

19 February 2015

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 remained unamended after the court’s decision in Greens v United Kingdom [2010].

G-Star store

Intellectual property

19 February 2015

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.

Lord Justice Richards

Mental capacity

5 February 2015

The defendant disputed the costs that related to the period when the claimant had been acting through a deputy appointed on her behalf.

Ministry of Defence

Limitation of action

5 February 2015

In claims by many hundreds of Iraqi civilians against the defendant Ministry of Defence for damages for their allegedly unlawful detention and ill-treatment by British armed forces, the preliminary issue was whether the claims were barred by an applicable statute of limitations.

Sotheby's

Negligence

29 January 2015

The claimant issued proceedings against Sotheby’s alleging negligence in its investigation of a painting, which is purported to be by Caravaggio.

Law-Society-HQ

Injunction

23 January 2015

The claimant Law Society applied for an injunction making permanent prohibitions against the defendant, S, to prevent him holding himself out as a solicitor or becoming involved with legal work.

NatWest

Costs

8 January 2015

The Court of Appeal, Civil Division, allowed an appeal by the Jimmy Savile Charitable Trust (the trust) against certain orders for costs made during the course of proceedings in respect of the administration of the estate of Jimmy Savile. Its appeal against various other orders was dismissed.

Downing Street

Judicial review

19 December 2014

In the course of litigation following ‘Plebgate’, the claimant police officers sought judicial review of the Independent Police Complaints Commission’s decision to re-determine the mode of investigation of them.

Ministry of Defence

Human rights

26 November 2014

Certain preliminary issues came to be tried in more than 600 High Court cases in which Iraqi civilians are claiming damages from the Ministry of Defence for their allegedly unlawful detention and alleged ill-treatment by British armed forces in Iraq.

Mr Justice Mostyn

Costs (family)

20 November 2014

In financial proceedings the Family Division imposed a costs penalty on the husband. The judge commented on the scale of the costs incurred by the parties, which he described as ‘totally disproportionate’.

Maryam Rajavi

Immigration

19 November 2014

Maryam Rajavi, the exiled Iranian politician, appeals against the home secretary’s decision to ban her from entering the UK on the ground that her presence would not be conducive to the public good.

European Court of Human Rights

Human rights

7 November 2014

The ‘Naked Rambler’ issued proceedings concerning his arrests, prosecutions, convictions and sentences of imprisonment, invoking, in particular, articles 8 and 10 of the European Convention on Human Rights.

Heathrow

Employment

7 November 2014

The employment tribunal found that, when the appellant was providing her services through a limited company for the purpose of selling Shiseido cosmetic products in a duty-free outlet managed by the respondent, she was not an employee of the respondent for the purposes of section 83(2) of the Equality Act 2010.

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.

Court of Protection

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.

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.

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