BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Dudley Metropolitan Borough Council v Mailley [2022] EWHC 2328 (QB) (14 September 2022)
Source: www.bailii.org
Day: 15 September 2022
Opposition against a UK trade mark application – OUT-LAW.com
‘Once a trade mark application has successfully passed the examination of the UK Intellectual Property Office (UK IPO), it is published in the Trade Marks Journal. The application is then open for others to oppose its registration. This brief summary explains the procedures for opposing trade mark applications in the UK and for defending an opposition. The proceedings are the same for national UK filings as well as for international registrations designated to the UK.’
OUT-LAW.com, 14th September 2022
Source: www.pinsentmasons.com
Does the “No notice, no Act” party wall decision leave us in a no win situation? – Practical Law: Construction Blog
‘For many property practitioners, whose work comes within the orbit of the Party Wall etc. Act 1996 (PWA 1996), the High Court’s decision in Power and another v Shah earlier this year only confirmed what they already believed: if a building owner has not served a party wall notice before embarking on their works, an adjoining owner cannot invoke the dispute resolution process under section 10 of the PWA 1996 to seek redress and compensation.
But what does that mean in practical terms for the adjoining owner, and is either party better off as a result?’
Practical Law: Construction Blog, 14th September 2022
Council succeeds in part over whether landlords were “fit and proper” – Local Government Lawyer
‘A London borough has won on two limited points out of four grounds on which it appealed in a case over whether landlords were “fit and proper”.’
Local Government Lawyer, 15th September 2022
Source: www.localgovernmentlawyer.co.uk
Court of Protection judge backs trial period of 92-year-old being cared for at home, saying risk was manageable – Local Government Lawyer
‘A Court of Protection judge has approved a trial period where a 92-year-old woman (AC) is care for in her home, in a case where the council argued that she should remain in a care home.’
Local Government Lawyer, 15th September 2022
Source: www.localgovernmentlawyer.co.uk
Court denies claimant chance to recover deductions made by PI firm – Law Society’s Gazette
‘A former client who threatened his solicitors with legal action over deductions from his damages has been told he cannot pursue the case.’
Law Society's Gazette, 14th September 2022
Source: www.lawgazette.co.uk
YouTuber guilty of Oval pitch invasion during England game – BBC News
‘A self-styled YouTube prankster who collided with England cricketer Jonny Bairstow after invading the pitch at the Oval has been found guilty of aggravated trespass.’
BBC News, 14th September 2022
Source: www.bbc.co.uk
