11/06/2014 – Current Awareness

Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV – WLR Daily

Posted June 11th, 2014 in conflict of laws, EC law, jurisdiction, law reports, trade marks by sally

Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV (Case C‑360/12); ECLI:EU:C:2014:911; [2014] WLR (D) 243

‘The concept of “the member state in which the act of infringement has been committed” in article 93(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark meant that, in the event of a sale and delivery of a counterfeit product in one member state, followed by a resale by the purchaser in another member state, that provision did not allow jurisdiction to be established to hear an infringement action against the original seller who did not himself act in the member state where the court seised was situated.’

WLR Daily, 5th June 2014

Source: www.iclr.co.uk

Newspaper Licensing Agency Ltd and others v Public Relations Consultants Association Ltd – WLR Daily

Posted June 11th, 2014 in copyright, internet, law reports, licensing by sally

Newspaper Licensing Agency Ltd and others v Public Relations Consultants Association Ltd (Case C‑360/13); ECLI:EU:C:2014:910; [2014] WLR (D) 244

‘Article 5 of Parliament and Council Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society meant that the copies on a user’s computer screen and the copies in the Internet “cache” of that computer’s hard disk, made by an end-user in the course of viewing a website, satisfied the conditions that those copies had to be temporary, that they had to be transient or incidental in nature and that they had to constitute an integral and essential part of a technological process, as well as the conditions laid down in article 5(5) of that Directive, and that they could therefore be made without the authorisation of the copyright holders.’

WLR Daily, 5th June 2014

Source: www.iclr.co.uk

Government of Ghana v Gambrah (Death Penalty Project intervening) – WLR Daily

Posted June 11th, 2014 in death penalty, extradition, human rights, law reports, murder by sally

Government of Ghana v Gambrah (Death Penalty Project intervening) [2014] EWHC 1569 (Admin); [2014] WLR (D) 245

‘The mere imposition of the death penalty in a requesting state, coupled with an acceptable assurance that it would not be carried out, was no bar to extradition.’

WLR Daily, 16th May 2014

Source: www.iclr.co.uk

In re DE (A Child) (Care Order: Change of Care Plan) – WLR Daily

Posted June 11th, 2014 in care orders, children, families, human rights, injunctions, law reports by sally

In re DE (A Child) (Care Order: Change of Care Plan) [2014] EWFC 6 ; [2014] WLR (D) 246

‘Any local authority and court making decisions about the long term future of children had to address all the options which were realistically possible before coming to a decision and, where a care order had been granted on the basis of a care plan providing that the child should remain at home, a local authority considering changing the plan and removing the child permanently from the family was obliged in law to follow the same approach and had to have regard to the fact that permanent placement outside the family was to be preferred only as a last resort where nothing else would do. While that process was being carried out, the child should remain at home under the care order unless his safety and welfare required that he be removed immediately.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Coll v Floreat Merchant Banking Ltd and others (Eggesbo and others, Part 20 defendants) (Solicitors Regulatory Authority intervening) – WLR Daily

Posted June 11th, 2014 in committals, contempt of court, law reports, solicitors, undertakings by sally

Coll v Floreat Merchant Banking Ltd and others (Eggesbo and others, Part 20 defendants) (Solicitors Regulatory Authority intervening) [2014] EWHC 1741 (QB); [2014] WLR (D) 247

‘Whilst there was no specific test for granting permission to make an application for committal for breach of a solicitor’s undertaking, where there was no reasonable prospect of the applicant proving that the relevant solicitor had breached an undertaking, and there was no other good reason to allow the application to proceed, permission should not be granted.’

WLR Daily, 3rd June 2014

Source: www.iclr.co.uk

Get informed – New Law Journal

Posted June 11th, 2014 in divorce, financial advice, mortgages, news by sally

‘Natasha Phillips underlines the importance of mortgage capacity assessments in divorce proceedings.’

Full story

New Law Journal, 6th June 2014

Source: www.newlawjournal.co.uk

A new test to determine who is fit for trial – Law Commission

Posted June 11th, 2014 in consultations, expert witnesses, fitness to plead, Law Commission, mental health, news by sally

‘How do we determine whether someone accused of a crime is physically and mentally fit to participate in a criminal trial? And what do we do if they are not? These are the questions being examined today as the Law Commission brings together leading experts in criminal law and mental health to exchange views at a consultation event at Leeds University.’

Full story

Law Commission, 11th June 2014

Source: www.lawcommission.justice.gov.uk

Unfit To Plead in the Magistrates’ and Youth Courts? – Criminal Law and Justice Weekly

Posted June 11th, 2014 in fitness to plead, magistrates, news, youth courts by sally

‘Miranda Bevan on the Law Commission’s review of the law on unfitness to plead in England and Wales.’

Full story

Criminal Law and Justice Weekly, 6th June 2014

Source: www.criminallawandjustice.co.uk

Analysis Post-Re B-S: The Fallacy of ‘Better than Good Enough Care’ – Family Law Week

Posted June 11th, 2014 in care orders, children, news by sally

‘Paul Hart, barrister, 15 Winckley Square Chambers, considers whether the courts are asking the right question when determining the capability of parents to care for their children.’

Full story

Family Law Week, 10th June 2014

Source: www.familylawweek.co.uk

Magna Carta, Religion and The Rule of Law – Speech by Master of the Rolls

Posted June 11th, 2014 in Christianity, magna carta, rule of law, speeches by sally

Magna Carta, Religion and The Rule of Law (PDF)

Speech by Master of the Rolls

Temple, London, 7th June 2014

Source: www.judiciary.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 11th, 2014 in legislation by sally

The Housing (Right to Buy) (Limit on Discount) (England) Order 2014

The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014

The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014

The Financial Services and Markets Act 2000 (Consumer Credit) (Transitional Provisions) (No. 3) Order 2014

The Energy Act 2004 (Designation of Publicly Owned Companies) (Revocation) Order 2014

The Value Added Tax (Amendment) (No. 2) Regulations 2014

The King’s College Hospital NHS Foundation Trust (Transfer of Trust Property) Order 2014

The Oxford Health NHS Foundation Trust (Transfer of Trust Property) Order 2014

The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2014

The Value Added Tax (Section 55A) (Specified Goods and Excepted Supplies) Order 2014

The Tribunal Procedure (Amendment No. 2) Rules 2014

The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2014

The Immigration (European Economic Area) (Amendment) Regulations 2014

The Carriage of Passengers and their Luggage by Sea (Interim Provisions) (Notice) (Revocation) Order 2014

The Channel Tunnel Rail Link (Planning Appeals and Assessment of Environmental Effects) (Revocation) Regulations 2014

The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014

The Crossrail (Insertion of Review Clauses) Regulations 2014

The Energy Act 2004 (Commencement No. 11) Order 2014

The Energy Act 2008 (Commencement No. 6) Order 2014

The Child Trust Funds (Amendment No. 2) Regulations 2014

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2014

The Individual Savings Account (Amendment No. 2) Regulations 2014

The Health and Social Care Act 2012 (Commencement No. 8) Order 2014

The Registered Pension Schemes (Transfer of Sums and Assets) (Amendment) Regulations 2014

The Passenger Transport Executives (Exclusion of Bus Operating Powers) (Revocations) (England) Order 2014

Source: www.legislation.gov.uk

Work capability assessment system at ‘virtual collapse’, says judge – The Guardian

Posted June 11th, 2014 in benefits, disabled persons, legal aid, news, tribunals by sally

‘The outgoing head of the tribunal which hears appeals relating to social security benefits has said that the work capability assessment (WCA) has undergone “virtual collapse” and accused the Department for Work and Pensions of being overly optimistic about the pace at which fit-for-work tests were being carried out.’

Full story

The Guardian, 11th June 2014

Source: www.guardian.co.uk

“Virtually impossible” for solicitors to claim success fees in cases involving children – Litigation Futures

Posted June 11th, 2014 in appeals, children, conflict of interest, damages, fees, locus standi, news, personal injuries, solicitors by sally

‘The Civil Procedure Rule Committee is to investigate claims that the Jackson reforms have made it “virtually impossible” for solicitors to claim success fees in cases involving children, it has emerged.’

Full story

Litigation Futures, 11th June 2014

Source: www.litigationfutures.com

Corrupt police face 14 years in jail under new law – Daily Telegraph

Posted June 11th, 2014 in corruption, misfeasance in public office, news, police, prosecutions, sentencing by sally

‘New offence will introduce new tougher penalty for dishonest police in wake of Stephen Lawrence revelations.’

Full story

Daily Telegraph, 10th June 2014

Source: www.telegraph.co.uk

IPPC say South Wales Police let down woman in hammer attack – BBC News

Posted June 11th, 2014 in assault, complaints, domestic violence, misfeasance in public office, news, police by sally

‘A woman attacked by her partner with a claw hammer was put at “serious risk” by South Wales Police, despite her reporting him to them, the Independent Police Complaints Commission has said.

Full story

BBC News, 11th June 2014

Source: www.bbc.co.uk