News – Page 235
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European Union
Directives - Interpretation - Medicinal products Fabio Caronna C-7/11: Court of Justice of the European Communities (Second Chamber): Judges Cunha Rodrigues (president of the chamber), Lõhmus (rapporteur), Rosas, Ó Caoimh, Arabadjiev: 28 June 2012 ...
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Immigration
Education - Grant for study - Eligibility R (on the application of Arogundade) v Secretary of State for Business, Innovation and Skills: QBD (Admin) (Mr Robin Purchas QC (sitting as a deputy High Court judge)): 7 September 2012 ...
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Costs? What the devil is going on?
The principles of the Code of Conduct require solicitors to: 'Uphold the rule of law and the proper administration of justice.' And to 'act in the best interests of each client'. Where the two are in conflict, the proper administration of justice takes precedence.
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Intellectual property
Patent - Infringement - Proceedings for infringement Eli Lilly & Company v Human Genome Sciences Inc: CA (Civ) (Lord Justices Hooper, Lewison, Sir Robin Jacob): 5 September 2012 The proceedings, ...
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Human rights
Infringement of human rights - Right to life - Proceedings arising out of the killing of 24 civilians by British troops during 1948 Malayan Emergency Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another: ...
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Injunction
Pre-trial or post-judgment - Relief - Interim injunction - Claimant applying for interim injunction McClaren v News Group Newspapers Ltd: QBD (Mr Justice Lindblom): 5 September 2012 The claimant was ...
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Executors of Bernard Matthews v Matthews
As paragraph 2 of the judgment (September 5 2012, see link to the law report below) says: ‘Mr Matthews was the founder of a very successful turkey farming and food production business which grew into a household name. His memorable advertisements of its products can still be seen on YouTube.’
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Costs belong to the client
Fact or fiction? Solicitors are retained by a client. They issue and prosecute a judicial review of the decision of the secretary of state for the home department (SSHD). They settle the action on terms that include payment of their reasonable costs. Within six months, their client has diverted the ...
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The end of the age of innocence
I started my career as a criminal defence lawyer with the famous words of Viscount Sankey LC firmly in mind: 'Throughout the web of English criminal law one golden thread is always to be seen. No matter what the charge or where the trial, the principle that the prosecution must ...
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Intellectual property
Design - Design right - Infringement - Claimant company holding community registered designs and community trademarks Pollen Estate Trustee Company Ltd Bayerische Motoren Werke Aktiengesellschaft v Round and Metal Ltd and another: ChD (Pat) (Mr Justice Arnold): 27 July ...
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Intellectual property
Trademark - Infringement - Passing off - Confusion Fine & Country Ltd and other companies v Okotoks Ltd and another company: ChD (Mr Justice Hildyard): 31 July 2012 The claimant ...
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Planning – costs and material considerations
Can a planning authority take cost into account when considering whether or not to revoke a planning consent? And just what are ‘material considerations’ in planning legislation? If the answer to these questions has been keeping you anxiously awake, you can now sleep peacefully. The Supreme Court has recently prescribed ...
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Home truths
Housing law in the county court can appear to have a limited range. A typical Possession Claim Online list consists almost entirely of claims founded on rent or mortgage arrears, with perhaps a few involving section 21 of the Housing Act 1988 or antisocial behaviour.
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Beginner’s guide to the ban on age discrimination in goods and services
From 1 October, the government will bring into force the provisions within the Equality Act 2010 (EA 2010) which prohibit age discrimination in the field of goods and services by virtue of the Equality Act 2010 (Commencement No 9) Order 2012. This means that commercial, charitable and public sector organisations ...
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Managing the risk of IP theft
Intellectual property theft is often linked to cases of redundancies or team moves, where an employee leaves the company, taking with them sensitive documents such as business plans, customer information, or financial results. The employee will then offer a next employer this IP or will use it to start a ...