News – Page 239
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News
Data protection
Processing of information - Personal data - Police R (on the application of RMC and FJ) v Metropolitan Police Commissioner and others: Queen's Bench Division, Divisional Court (Lord Justice Richards and Mr Justice Kenneth Parker): 22 June 2012 ...
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Spousal maintenance - part two
In my last article I considered the courts’ approach to the quantum of periodical payments (see [2012] Gazette, 24 May, 16). Recent decisions have seen an increased focus on needs as the prevailing factor when quantifying such payments. In a similar vein, and perhaps reflecting a less generous approach to ...
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Fraud/confiscation
Sentence - Realisable property - Criminal Justice Act 1988 R v Gangar and another: Court of Appeal, Criminal Division (Lord Justice Hughes, Mr Justice Burnett and Mr Justice Nicol): 21 June 2012 ...
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Intellectual property
EU - Trademarks - Community trademark Fruit of the Loom Inc v Office for Harmonisation in the Internal Markets (Trademarks and Designs): Court of Justice of the European Union (Fifth Chamber) (Judges Papasavvas (president), Vadapalas (rapporteur), O’Higgins): 21 June ...
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Intellectual property
EU - Trademarks - Infringement - Defendant company importing claimant’s goods into UK without consent Oracle America Inc (formerly Sun Microsystems Inc) v M-Tech Data Ltd: SC (Justices of the Supreme Court, Lords Walker, Clarke, Sumption, Reed, Carnwath): ...
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Industrial relations
Injunction - Interlocutory - Acts done in contemplation or furtherance of trade dispute Metroline Travel Ltd and others v Unite: QBD (Mr Justice Supperstone): 27 June 2012 The instant proceedings ...
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Intellectual property
Patent - Infringement - Validity of patent - Novelty Molnlycke Health Care AB v Brightwake Ltd (trading as Advancis Medical): Court of Appeal, Civil Division (Lord Justices Ward, Etherton and Lewison): 24 April 2012 ...
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Intellectual property
Petition for revocation - Obviousness - Defendant company holding patent Smith & Nephew plc v Convatec Technologies Inc: Chancery Division, Patents Court (Judge Birss QC (Sitting as a Judge of the High Court)): 13 June 2012 ...
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Immigration
Leave to enter - Refugee - Asylum SK (Zimbabwe) v Secretary of State for the Home Department: Court of Appeal, Civil Division: 19 June 2012 The Court of Appeal, Civil ...
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Immigration
Leave to remain - Indefinite leave to remain - Claimants applying for judicial review R (on the application of Gurung and others) v Secretary of State for the Home Department: Queen's Bench Division, Administrative Court (London) (Mr Justice Eady): ...
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Jurisdiction
Conflict of laws - Whether proceedings should be stayed Joint Stock Company Aeroflot Russian Airlines v Berezovsky and others: Chancery Division (Mr Justice Floyd): 18 June 2012 The Commercial Court ...
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Bar conviction disclosure rule ‘misguided’
The Law Society and Bar Council have strongly opposed proposals to impose a duty on barristers to disclose clients’ previous convictions. Chancery Lane described as ‘misguided’ a Bar Standards Board suggestion that a barrister should advise a client that they must cease to act if the ...
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Entity regulation - solicitors beware!
Amid all the publicity surrounding the introduction of alternative business structures and outcomes-focused regulation, a third part of the revolution in the regulation of legal services has attracted little comment - the move to entity regulation. Yet it is at least as important as either of the other two, and ...
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Time to rebuild the small print
Speaking in the House of Lords on 25 July 1988 in the debate on what was to become the Housing Act 1988, the Earl of Caithness, on behalf of the then government, said: ‘One of the points frequently made about the old-style shorthold tenancy procedure [i.e. the protected shorthold under ...
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Extradition
Extradition hearing - European Arrest Warrant - Defendants’ extradition sought by relevant judicial authority pursuant to European Arrest Warrant HH v Deputy Prosecutor of the Italian Republic, Genoa; PH v Deputy Prosecutor of the Italian Republic, Genoa; F-K (FC) ...
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Case management; murder; and costs
The decision in R v Newell [2012] EWCA Crim 650 will do much to ease solicitor concerns about incriminating their clients when completing case management forms, whether in the magistrates’ court or at a plea and case management hearing in the Crown court.
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Employment
Compensation - Unfair dismissal Konczak v BAE Systems (Operations) Ltd: Employment Appeal Tribunal: 3 May 2012 The Employment Appeal Tribunal allowed the employee's appeal against the employment tribunal's decision that ...
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Intellectual property
Patent - Petition for revocation - Obviousness Unilever plc v SC Johnson & Son Inc: Patents County Court (Judge Birss QC): 25 May 2012 The Patents County Court held that ...