Karen Millen Fashions Ltd v Dunnes Stores and others (Case C-345/13); ECLI:EU:C:2014:2013; [2014] WLR (D) 273
‘Article 6 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs meant that, in order for a design to be considered to have individual character, the overall impression which that design produced on the informed user had to be different from that produced on such a user, not by a combination of features taken in isolation and drawn from a number of earlier designs, but by one or more earlier designs, taken individually. Article 85(2) meant that, in order for a Community design court to treat an unregistered Community design as valid, the right holder of that design was not required to prove that it had individual character within the meaning of article 6, but need only indicate what constituted the individual character of that design, ie, indicated what, in his view, were the element or elements of the design concerned which gave it its individual character.’
WLR Daily, 19th June 2014
Source: www.iclr.co.uk
Sanger and another v Newham London Borough Council [2014] EWHC 1922 (Admin); [2014] WLR (D) 269
‘Criminal liability for an offence of failing to comply with an enforcement notice, contrary to section 179(2) of the Town and Country Planning Act 1990, only crystallised once the period for compliance set out in the notice had expired whereupon it became a continuing offence.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) [2014] UKSC 35; [2014] WLR (D) 271
‘The provisions in Part V of the Police Act for the automatic release of a person’s convictions, cautions and warnings— regardless of their relevance or the length of time that had elapsed— when that person was required, by reason of articles 3 or 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, to obtain and disclose an enhanced criminal record certificate for the purpose of obtaining employment or some other position which involved working with children or other vulnerable groups of persons, did not meet the requirement of legality for the purposes of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was incompatible with the person’s right to respect for their private life guaranteed by that article. Moreover, the provisions contravened article 8 in that they were not “necessary in a democratic society”, as required by article 8.2.’
WLR Daily, 18th June 2014
Source: www.iclr.co.uk
Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same (Joined Cases C-217/13 and C-218/13); ECLI:EU:C:2014:2012; [2014] WLR (D) 274
‘Article 3(1) and (3) of Parliament and Council Directive 2008/95/EC of 22 October 2008 to approximate the laws of the member states relating to trade marks precluded an interpretation of national law according to which, in the context of proceedings raising the question whether a contourless colour mark had acquired a distinctive character through use, it was necessary in every case that a consumer survey indicated a degree of recognition of at least 70%.’
WLR Daily, 19th June 2014
Source: www.iclr.co.uk
Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) [2014] EWHC 1881 (TCC); [2014] WLR (D) 270
‘A costs draftsman whose only involvement in a case consisted of preparing a costs budget and who did not give any form of legal advice or legally based representation was not a “senior legal representative” for the purposes of paragraph 6 of Practice Direction 3E on Costs Management.’
WLR Daily, 13th June 2014
Source: www.iclr.co.uk
‘Ian Liversidge, 47, jumped into a grandmother’s Nissan Micra and sped off as she was getting her granddaughter out of the vehicle, before hitting a taxi.’
Full story
Daily Telegraph, 23rd June 2014
Source: www.telegraph.co.uk
‘The Information Commissioner’s Office (ICO) has lost its appeal against a decision to overturn a £300,000 monetary penalty it served on an individual for his part in what the watchdog claimed was a serious breach of UK privacy laws.’
Full story
OUT-LAW.com, 23rd June 2014
Source: www.out-law.com
‘Seven men and a teenager have been convicted for their part in a revenge arson attack that killed four people.’
Full story
BBC News,
Source: www.bbc.co.uk
‘A High Court judge has granted relief from sanctions despite finding that the non-compliance was non-trivial and deliberate, and that there was some delay in lodging the application for relief – using instead powers to impose conditions on the order.’
Full story
Litigation Futures, 24th June 2014
Source: www.litigationfutures.com
‘Whether it is “fair” to share an individual’s personal data for lawful public policy reasons requires a careful balancing of the interests of that individual and the interests of others, including the public interests, the High Court in England has said.’
Full story
OUT-LAW.com, 23rd June 2014
Source: www.out-law.com
‘A man has been jailed for life after he was found guilty of murdering a former teacher, but a woman who took selfies next to the corpse has been cleared.’
Full story
The Guardian, 23rd June 2014
Source: www.guardian.co.uk
‘The number of suspected sham marriages being reported by registrars has doubled in four years, official Home Office figures show.’
Full story
Daily Telegraph, 23rd June 2014
Source: www.telegraph.co.uk
‘Two men have been found guilty of murdering a mother and her three children in a botched revenge attack.’
Full story
The Guardian, 23rd June 2014
Source: www.guardian.co.uk
‘A sex abuse victim says a cross-examination in court in Jersey was so aggressive she has been diagnosed with Post Traumatic Stress Disorder (PTSD).’
Full story
BBC News, 23rd June 2014
Source: www.bbc.co.uk
‘The number of people who have committed child sex offences and have been barred from working with children has fallen by nearly 10,000 over the past three years, according to freedom of information disclosures.’
Full story
The Guardian, 24th June 2014
Source: www.guardian.co.uk
Henderson Chambers are inviting applications for a Third Six Pupillage to start in October 2014.
Pupils have 2 seats of 3 months each and will usually be considered for tenancy towards the end of this period. Pupils are expected to go to Court regularly on their own account. Funding by way of Guaranteed Earnings may be available on terms to be agreed.
For more information about Chambers see www.hendersonpupillage.co.uk and follow our Twitter feed @HendersonPupils.
To apply send a covering letter, CV, references from at least two past supervisors, and a summary of work undertaken in pupillage so far to pupillages@hendersonchambers.co.uk. Applications should reach us by 16th July 2014.
‘English landlords that secured deposits from fixed-term tenants would not have to re-comply with the deposit protection rules if that tenancy later ‘rolls over’ to become a statutory periodic tenancy or if the landlord enters into a new tenancy with the same tenant for the same premises, the UK government has proposed.’
Full story
OUT-LAW.com, 20th June 2014
Source: www.out-law.com
‘Two sex attackers from Peterborough who targeted teenage girls via Facebook have been jailed.’
Full story
BBC News, 20th June 2014
Source: www.bbc.co.uk
‘A clause which said that parties to a contract would “endeavour” to resolve any dispute through Swiss arbitration, failing which the English courts would have non-exclusive jurisdiction, was not a valid arbitration agreement within the meaning of the Arbitration Act, the English High Court has ruled.’
Full story
OUT-LAW.com, 20th June 2014
Source: www.out-law.com
