News – Page 231

  • News

    Photographic evidence

    Archive

    The term ‘conversational distance’ is often used in personal injury and clinical negligence claims to describe the measurability of the prominance of a scar or deformity. It is deemed suitable for this purpose, yet in medico-legal photography it has no meaning.

  • News

    Appeal

    Archive

    Contract – Breach – Oral contract – First defendant selling popular sauce Bailey and another v Graham and others: Court of Appeal, Civil Division (Sir Andrew Morritt C, Lord Justices Longmore and Davis): 16 November 2012 ...

  • News

    Costs

    Archive

    Jurisdiction – Crown Prosecution R (on the application Crown Prosecution Service) v Bolton Crown Court: Queen's Bench Division, Divisional Court (Richards LJ and Ouseley J (judgment delivered extempore)): 16 November 2012 ...

  • News

    Town and village greens - commercial property

    Archive

    Are town and village greens cherished community spaces? Or malicious and vexatious pre-emptors of vital development? This is the first of two articles on town and village greens: this piece considers case law; the next will consider proposals for reform. At common law, a green is equivalent to a special ...

  • News

    Evidence

    Archive

    Trademark – Infringement – Advertisement Interflora Inc and another company v Marks and Spencer PLC: Court of Appeal, Civil Division (Lord Justices Hughes, Etherton and Lewison): 20 November 2012 The ...

  • News

    Tax

    Archive

    Supply – Taxpayer Subway franchisee supplying hot toasted subs and meatballs – Taxpayer seeking ruling that supply zero-rated for VAT Sub One Ltd (trading as Subway) v Revenue and Customs Commissioners: Upper Tribunal (Tax and Chancery Chamber) (Mr Justice ...

  • News

    Employment

    Archive

    Unfair dismissal – Determination whether dismissal fair or unfair – Reasons justifying dismissal – Range of reasonable responses test Turner v East Midlands Trains Ltd: Court of Appeal, Civil Division (Maurice Kay VP, Lord Justice Elias and Sir Stephen ...

  • News

    Human rights

    Archive

    Right to a fair hearing – Access to a court – Claimant being subject of civil restraining order Senior-Milne v Secretary of State for Justice: Queen's Bench Division, Administrative Court (London) (Mr Justice Coulson): 30 October 2012 ...

  • News

    Is Stop Delaying Justice! working?

    Archive

    Howard Riddle, the senior district judge and chief magistrate, recently delivered an update in the Gazette on the Stop Delaying Justice! case management initiative. Judge Riddle has done an amazing job in trying to limit the adverse impact of Ministry of Justice/HM Courts and Tribunals Service policy towards the courts ...

  • News

    What is a disease?

    Archive

    A primary flaw in the Jackson reforms’ vision of the personal injury landscape is a profound inability to comprehend that the value of a claim in damages is but one of the variables which has to be assessed when applying the proportionality principle. In the UK, fault has to be ...

  • News

    Trademark

    Archive

    Infringement – Appellant seeking to register trademark 'YouView' YouView TV Ltd v Total Ltd: Chancery Division (Mr Justice Floyd): 9 November 2012 The applicant company was a joint venture between ...

  • News

    European Union

    Archive

    Value added tax – Refund of tax – Latvian tax authority declining to refund Mednis SIA v Valsts ienemumu dienests: Court of Justice of the European Union (Third Chamber) (Judges Lenaerts (Rapporteur acting as President)), Juhasz, Arestis, von Danwitz ...

  • News

    Sentence

    Archive

    Confiscation order – Realisable property – Defendant being convicted of drug offence R v Harriott: Court of Appeal, Criminal Division (Lord Justice Rafferty, Mr Justice Thirlwall and Judge Gilbart QC): 7 November 2012 ...

  • News

    Shipping

    Archive

    Bill of lading – Condition of cargo – Representation as to condition of cargo Breffka & Hehnke GMBH & Co KG and others v Navire Shipping Co Ltd and others: Queen's Bench Division, Commercial Court (Mr Justice Simon): 7 ...

  • News

    Eviction

    Archive

    Heritable property and conveyancing – Warrandice Morris v Rae: Supreme Court (Lords Hope DP, Walker, Sumption, Reed and Carnwath SCJJ): 7 November 2012 The claimant brought a claim for breach ...

  • News

    Discrimination

    Archive

    Sex discrimination – Discrimination on ground of sexual orientation Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales: Upper Tribunal (Tax and Chancery Chamber): 2 November 2012 ...

  • News

    Publicity order

    Archive

    Claimant submitting defendant failing to comply with publicity notice – Claimant applying for further order Samsung Electronics (UK) Ltd v Apple Inc: Court of Appeal, Civil Division (Mr Justice Longmore, Kitchin and Sir Robin Jacob): 9 November 2012 ...

  • News

    Family

    15 November 2012

    Orders in family proceedings – Care order – Mother and child being placed with foster carers Re H (a child): Court of Appeal, Civil Division (Lord Justices Thorpe, Lewison, and Mr Justice Hedley): 26 October 2012 ...

  • News

    Insolvency

    15 November 2012

    Bankruptcy – Discharge – Release of bankruptcy debts by discharge McRoberts v McRoberts: Chancery Division (Mr Justice Hildyard): 1 November 2012 A discharged bankrupt sought the release of his financial ...

  • News

    Trademark

    15 November 2012

    Infringement – Defendant seeking to launch television service called 'NOW TV' Starbucks (HK) Ltd and other companies v British Sky Broadcasting Group plc and other companies: Chancery Division (Mr Justice Arnold): 2 November 2012 ...