Month: March 2014

Registered Community Designs: Magmatic Ltd v PMS International Ltd – NIPC Law

Posted March 5th, 2014 in appeals, intellectual property, interpretation, news, trade marks by sally

‘In Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013) Mr Justice Arnold held that PMS International Ltd (“PMS”) had infringed registered Community design number 43427-0001 (“the RCD”), some of Magmatic Ltd (“Magmatic”)’s design rights and Magmatic’s literary copyright in its safety notice. Magmatic appealed to the Court of Appeal on the grounds that the judge fell into error in finding infringement of the RCD in that he had wrongly interpreted the RCD and improperly excluded from his consideration various aspects of the design of Magimax’s product. In Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 181 (28 Feb 2014) the Court of Appeal (Lords Justices Moses and Kitchin and Lady Justice Black) allowed the appeal.’

Full story

NIPC Law, 4th March 2014

Source: www.nicplaw.blogspot.co.uk

EVENT: The Inner Temple – LIPs, LASPO and the State of Family Justice

Posted March 5th, 2014 in Forthcoming events by sally

‘The theme for the 2014 Lecture Series is “Recent Landmarks in the Law.”

Each lecture counts as 1 qualifying session or 1 hour of CPD.’

Date: 17th March 2014

Location: The Inner Temple

Charge: See website for details

More information can be found here.

COIC tribunals review: progress update – Bar Standards Board

Posted March 5th, 2014 in barristers, disciplinary procedures, inns of court, news, tribunals by sally

‘The Bar Standards Board has today [3 March] published an update on the contract management arrangements relating to COIC/BTAS (Council of the Inns of Court / Bar Tribunals and Adjudication Service) and the progress against the recommendations set out in the Browne report of 2012.’

Full story

Bar Stardards Board, 3rd March 2014

Source: www.barstandardsboard.org.uk

Psychological abuse ‘should be a made crime’ – BBC News

Posted March 5th, 2014 in domestic violence, news, women by sally

‘Psychological abuse should be made a crime in England and Wales in order to save more victims of domestic violence, campaigners have said.’

Full story

BBC News, 5th March 2014

Source: www.bbc.co.uk

Court of appeal to decide whether heavy drinking while pregnant is a crime – The Guardian

Posted March 5th, 2014 in alcohol abuse, appeals, criminal injuries compensation, news, poisoning, pregnancy, prosecutions by sally

‘A pioneering compensation claim on behalf of a child who was severely damaged by her mother’s heavy drinking during pregnancy is to go before the court of appeal.’

Full story

The Guardian, 4th March 2014

Source: www.guardian.co.uk

Northampton man has sentence increased to life for brutal rape – Attorney General’s Office

Posted March 5th, 2014 in appeals, grievous bodily harm, news, rape, sentencing by sally

‘Gintas Burinskas’ sentence becomes one of life imprisonment with a minimum term of 6 years.’

Full story

Attorney General’s Office, 4th March 2014

Source: www.gov.uk/ago

Outcry after judge imprisons child sex victim for 20 hours – Daily Telegraph

Posted March 5th, 2014 in children, detention, news, sexual grooming, sexual offences, witnesses by sally

‘A teenage victim of sexual abuse was locked up in police cells overnight after she refused to give evidence in court against her attacker’

Full story

Daily Telegraph, 5th March 2014

Source: www.telegraph.co.uk

Bringing bankers to book – BBC Law in Action

Posted March 5th, 2014 in banking, fraud, news, prosecutions by sally

‘Why have no senior bankers been prosecuted for their role in the financial crisis? And should companies be able to avoid criminal prosecution by making a deal with a judge about how they work in future? The man who runs the Serious Fraud Office will be in the Law In Action studio to answer those questions and more as the programme returns for a new series.’

Listen

BBC Law in Action, 4th March 2014

Source: www.bbc.co.uk

Court fee plans herald justice for those who can pay – senior judges – Law Society’s Gazette

Posted March 5th, 2014 in civil justice, costs, family courts, fees, judiciary, Ministry of Justice, news by sally

‘Senior judges have savaged government proposals for reforming court fees, warning that they are based on ‘inadequate’ and compromised research, and basic misconceptions about the way the courts operate.’

Full story

Law Society’s Gazette, 4th March 2014

Source: www.lawgazette.co.uk

Vitalija Baliutaviciene could have been ‘greater protected’ – BBC News

Posted March 5th, 2014 in domestic violence, kidnapping, murder, news, sentencing by sally

‘A woman who was kidnapped and killed by her ex-husband “could have been afforded greater protection”, a report is expected to say.’

Full story

BBC News, 5th March 2014

Source: www.bbc.co.uk

Development bill to tackle gender inequality poised to become law – The Guardian

Posted March 5th, 2014 in bills, equality, news, sex discrimination, women by sally

‘A private member’s bill to force the UK government to consider the impact of its overseas aid spending on reducing gender inequality is poised to become law after passing its third reading in the House of Lords on Tuesday.’

Full story

The Guardian, 4th March 2014

Source: www.guardian.co.uk

Teacher paid £230,000 compensation after slipping in ketchup – Daily Telegraph

Posted March 4th, 2014 in compensation, health & safety, news, personal injuries, teachers by sally

‘The claim is one of £1 million worth of compensation payments made to injured teachers by Essex County Council.’

Full story

Daily Telegraph, 4th March 2014

Source: www.telegraph.co.uk

IPCC investigates contact between Hollie Gazzard and Gloucester police – The Guardian

Posted March 4th, 2014 in complaints, murder, news, police by sally

‘The police watchdog has launched an investigation into the contact that officers had with hairdresser Hollie Gazzard before she was fatally stabbed.’

Full story

The Guardian, 3rd March 2014

Source: www.guardian.co.uk

Cpl Anne-Marie Ellement: Army apologises as coroner finds bullying was suicide factor – Daily Telegraph

Posted March 4th, 2014 in armed forces, bullying, inquests, news, rape, suicide by sally

‘Coroner urges Ministry of Defence to review care for vulnerable soldiers after ruling that bullying and “lingering” mental effects of alleged rape were factors in suicide of Corporal Anne-Marie Ellement.’

Full story

Daily Telegraph, 3rd March 2014

Source: www.telegraph.co.uk

Senior judges attack government’s planned court cost rise – BBC News

Posted March 4th, 2014 in civil justice, courts, fees, judges, news by sally

‘Government plans to increase the cost of going to court in England and Wales would undermine the civil and family justice system, top judges have said.’

Full story

BBC News, 4th March 2014

Source: www.bbc.co.uk

Ex-miner “deprived of his liberty” when prevented from dying at home – Local Government Lawyer

Posted March 4th, 2014 in freedom of movement, health, local government, news, ombudsmen, reports by sally

‘A 77-year-old former miner was deprived of his liberty – without proper account of the law being taken – when he was prevented from going home to die beside his brother, a joint report from two Ombudsmen has found.’

Full story

Local Government Lawyer, 4th March 2014

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted March 4th, 2014 in law reports by sally

High Court (Chancery Division)

Clarke v Barclays Bank Plc & Anor [2014] EWHC 505 (Ch) (27 February 2014)

Akers & Ors v Samba Financial Group [2014] EWHC 540 (Ch) (28 February 2014)

Alpha S Communications Ltd v Caz Distribution Services Ltd & Ors [2014] EWHC 207 (Ch) (26 February 2014)

Hearst Holdings Inc & Anor v A.V.E.L.A. Inc & Ors [2014] EWHC 439 (Ch) (25 February 2014)

Ainslie v Sun Life Assurance Company of Canada (UK) Ltd (t/a Sun Life Financial of Canada) (Rev 1) [2014] EWHC 453 (Ch) (25 February 2014)

High Court (Queen’s Bench Division)

Orzechowska v ABF Plc (t/a Speedibake) [2014] EWHC 495 (QB) (26 February 2014)

Bassano v Toft & Ors [2014] EWHC 377 (QB) (26 February 2014)

Virulite LLC v Virulite Distribution Ltd & Anor [2014] EWHC 366 (QB) (26 February 2014)

Tsavdaris v Home Office [2014] EWHC 440 (QB) (25 February 2014)

High Court (Family Division)

Luckwell v Limata [2014] EWHC 536 (Fam) (13 February 2014)

Y (A Child: Private Law: Fact Finding) v [2014] EWHC 486 (Fam) (26 February 2014)

B-G (A Child) [2014] EWHC 444 (Fam) (05 February 2014)

High Court (Administrative Court)

Langton Homes Limited v Secretary of State for Communities And Local Government & Anor [2014] EWHC 487 (Admin) (27 February 2014)

E7 (An Officer of the Metropolitan Police) v Holland (Chairman of the Azelle Rodney Inquiry) [2014] EWHC 452 (Admin) (27 February 2014)

Bagshaw & Anor v Wyre Borough Council [2014] EWHC 508 (Admin) (28 February 2014)

Gazelle Properties Ltd, R (On the Application Of) v Bath And North East Somerset Council [2014] EWHC 393 (Admin) (27 February 2014)

Karim v Charkham & Ors [2014] EWHC 497 (Admin) (26 February 2014)

Commissioner of Police for the Metropolis v Bangs [2014] EWHC 546 (Admin) (03 March 2014)

SJ & Anor, R (on the application of) v Surrey County Council [2014] EWHC 449 (Admin) (26 February 2014)

High Court (Technology and Construction Court)

Seele Middle East FZE v Drake & Scull International SA Co [2014] EWHC 435 (TCC) (24 February 2014)

199 Knightsbridge Development Ltd v WSP UK Ltd [2014] EWHC 43 (TCC) (28 February 2014)

High Court (Commercial Court)

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy & Anor [2014] EWHC 391 (Comm) (26 February 2014)

Source: www.bailii.org

Inquisitorial system may be better for family and civil cases, says top judge – The Guardian

Posted March 4th, 2014 in civil justice, family courts, judges, legal aid, litigants in person, news by sally

‘A judge-led, inquisitorial system of justice may be a better way of conducting family and civil cases where litigants are unrepresented, the lord chief justice has suggested.’

Full story

The Guardian, 4th March 2014

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 4th, 2014 in legislation by sally

The Financial Services and Markets Act 2000 (Consumer Credit) (Transitional Provisions) Order 2014

The Financial Services (Banking Reform) Act 2013 (Transitional Provision) Order 2014

The Police Pensions (Amendment) (No. 2) Regulations 2014

The Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2014

The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2014

The Public Service Pensions Act 2013 (Commencement No. 3) Order 2014

The Civil Procedure (Amendment) Rules 2014

The Localism Act 2011 (Consequential Amendments) Order 2014

The Equality Act 2006 (Dissolution of the Disability Committee) Order 2014

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 9, Saving Provision and Specification of Commencement Date) Order 2014

The Income Tax (Earnings and Pensions) Act 2003 (Amendment to SAYE Option Schemes Contributions Limit) Order 2014


The Submarine Pipelines (Designated Owners) (Revocation) Order 2014

The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014

The Social Security Pensions (Flat Rate Accrual Amount) Order 2014

The Social Security Revaluation of Earnings Factors Order 2014

The Social Security Pensions (Low Earnings Threshold) Order 2014

The Police Pensions (Amendment) (No. 2) Regulations 2014

The Electoral Registration and Administration Act 2013 (Commencement No. 5 and Transitory Provisions) Order 2014

Source: www.legislation.gov.uk

‘Chorley’s Angels’ gang leader who exploited elderly men with offers of sexual favours is jailed – Daily Telegraph

Posted March 4th, 2014 in ASBOs, burglary, conspiracy, elderly, gangs, news, sentencing, theft by sally

‘Rebecca Reeves, 34, was the head of a group of five women who targeted the elderly in the Lancashire town of Chorley.’

Full story

Daily Telegraph, 4th March 2014

Source: www.telegraph.co.uk