law reports – Page 194 – Current Awareness

Rossetti Marketing Ltd v Diamond Sofa Co Ltd – WLR Daily

Posted October 10th, 2011 in commercial agents, compensation, EC law, law reports by sally

Rossetti Marketing Ltd v Diamond Sofa Co Ltd [2011] EWHC 2482 (QB); [2011] WLR (D) 287

“Whether a party was a commercial agent within the meaning of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the member states relating to self-employed commercial agents or the Commercial Agents (Council Directive) Regulations 1993 was to be determined by reference to the terms and context of the agreement at the date it was concluded. The non-derogable obligations of a commercial agent under article 3(1) of the Directive and regulation 3(1) of the 1993 Regulations, to look after the interests of the principal and to act dutifully and in good faith, were not to be imported into the definition of ‘commercial agent’ so that an agent acting for multiple principles did not fall within it.”

WLR Daily, 3rd October 2011

Source: www.iclr.co.uk

Football Association Premier League Ltd and others v QC Leisure and others; Murphy v Media Protection Services Ltd – WLR Daily

Posted October 10th, 2011 in competition, EC law, law reports, licensed premises, licensing, media, sport by sally

Football Association Premier League Ltd and others v QC Leisure and others; Murphy v Media Protection Services Ltd (Joined Cases C-403/08 and C-429/08); [2011] WLR (D) 286

“The clauses of an exclusive licence agreement concluded between a holder of intellectual property rights and a broadcaster constituted a restriction on competition prohibited by article 101FEU of the FEU Treaty where they obliged the broadcaster not to supply decoding devices enabling access to that right holder’s protected subject matter with a view to their use outside the territory covered by that licence agreement.”

WLR Daily, 4th October 2011

Source: www.iclr.co.uk

Criminal proceedings against Gueye (X intervening); Criminal proceedings against Salmerón Sánchez (Y intervening) – WLR Daily

Posted October 10th, 2011 in domestic violence, EC law, evidence, injunctions, law reports by sally

Criminal proceedings against Gueye (X intervening); Criminal proceedings against Salmerón Sánchez (Y intervening) (Joined Cases C-483/09 and C-1/10); [2011] WLR (D) 285

“Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (OJ 2001 L82, p 1) did not prevent member states from making provision in their criminal law for the mandatory imposition of an injunction to stay away for a minimum period on persons who committed crimes of violence within the family. This was so even when the victims of those crimes opposed the application of such a penalty. Member states could also exclude recourse to mediation in all criminal proceedings relating to a particular category of offences committed within the family.”

WLR Daily, 15th September 2011

Source: www.iclr.co.uk

Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca – WLR Daily

Posted October 10th, 2011 in EC law, law reports, remuneration, transfer of undertakings by sally

Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca (Case C-108/10); [2011] WLR (D) 284

“The takeover, within the same member state, by one public authority of staff employed by another public authority entrusted with the supply to schools of auxiliary maintenance and administrative assistance constituted a transfer of an undertaking within the meaning of article 1(1) of Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the member states relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses (OJ 1977 L 61, p 26). Where such a transfer led to the immediate application to the transferred workers of the collective agreement in force with the transferee, and where the conditions for remuneration were linked in particular to length of service, article 3 of the Directive precluded the transferred workers from suffering, in comparison with their situation immediately before the transfer, a substantial loss of salary by reason of the fact that their length of service with the transferor (equivalent to that completed by workers in the service of the transferee) was not taken into account when determining their starting salary position with the latter.”

WLR Daily, 6th September 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 7th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Kapoor v National Westminster Bank Plc & Anor [2011] EWCA Civ 1083 (05 October 2011)

High Court (Queen’s Bench Division)

Trustees of Beardsley Theobalds Retirement Benefit Scheme v Yardley [2011] EWHC 1380 (QB) (30 September 2011)

Triplot & Anor v Whetter [2011] EWHC 931 (QB) (30 September 2011)

Cartlidge Morland (a firm) v Thomas [2011] EWHC 2086 (QB) (30 September 2011)

Butler- Creagh v AIDA Hersham [2011] EWHC 2525 (QB) (06 October 2011)

High Court (Chancery Division)

Whealing v Royal Institution of Chartered Surveyors [2011] EWHC 2482 (Ch) (17 August 2011)

High Court (Administrative Court)

Kobir, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2515 (Admin) (06 October 2011)

Raki, R (on the application of) v Secretary of State for the Home Department & Anor [2011] EWHC 2421 (Admin) (06 October 2011)

High Court (Family Division)

Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2498 (Fam) (01 September 2011)

G v A (No 3) (Schedule 1 settlement of property) [2011] EWHC 2377 (Fam) (22 September 2011)

High Court (Commercial Court)

Paragon Mortgages Ltd v McEwan-Peters & Anor [2011] EWHC 2491 (Comm) (05 October 2011)

Thai Maparn Trading Co Ltd v Louis Drefyus Commodities Asia Pte Ltd [2011] EWHC 2494 (Comm) (04 October 2011)

Societe Generale SA v Saad Trading & Anor [2011] EWHC 2424 (Comm) (05 October 2011)

Acergy Shipping Ltd v Societe Bretonne De Reparation Navale SAS [2011] EWHC 2490 (Comm) (05 October 2011)

High Court (Patents Court)

Re Halliburton Energy Services Inc [2011] EWHC 2508 (Pat) (05 October 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 4th, 2011 in law reports by sally

High Court (Administrative Court)

Equality and Human Rights Commission v Prime Minister & Ors [2011] EWHC 2401 (Admin) (03 October 2011)

AM v Secretary of State for the Home Department [2011] EWHC 2486 (Admin) (03 October 2011)

Mahajna ( Salah ) v Secretary of State for the Home Department [2011] EWHC 2481 (Admin) (30 September 2011)

Cockburn, R (on the application of) v Secretary of State for Health [2011] EWHC 2445 (Admin) (30 September 2011)

High Court (Queen’s Bench Division)

Rossetti Marketing Ltd v Diamond Sofa Company Ltd & Anor [2011] EWHC 2482 (QB) (03 October 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 30th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Farquharson v R [2011] EWHC Crim 2168 (30 September 2011)

High Court (Chancery Division)

Balevents Ltd v Sartori [2011] EWHC 2437 (Ch) (29 September 2011)

High Court (Commercial Court)

PT BUANA SAMUDRA PRATAMA v Marine Mutual Insurance Association (NZ) Ltd [2011] EWHC 2413 (Comm) (29 September 2011)

British Arab Commercial Bank Plc & Ors v Algosaibi & Ors [2011] EWHC 2444 (Comm) (29 September 2011)

African Fertilizers and Chemicals Nig Ltd (Nigeria) v BD Shipsnavo GmbH & Co Reederei Kg [2011] EWHC 2452 (Comm) (29 September 2011)

High Court (Queen’s Bench Division)

Ferdinand v MGN Ltd [2011] EWHC 2454 (QB) (29 September 2011)

Source: www.bailii.org

W v M and others – WLR Daily

Posted September 30th, 2011 in euthanasia, law reports, medical treatment by sally

W v M and others [2011] EWHC 2443 (Fam); [2011] WLR (D) 283

“Pursuant to section 4 of the Mental Capacity Act 2005 it was not in the best interests of a patient diagnosed as being in a minimally conscious state to authorise the withdrawal of all life sustaining treatment including nutrition and hydration by artifical means (‘ANH’).”

WLR Daily, 28th September 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 29th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Mitchell, R v [2011] EWCA Crim 2030 (05 August 2011)

Court of Appeal (Civil Division)

Cambridge, R v [2011] EWCA Crim 2009 (2 August 2011)

High Court (Queen’s Bench Division)

Egan v Basildon Borough Council [2011] EWHC 2416 (QB) (26 September 2011)

High Court (Family Division)

W v M & Ors [2011] EWHC 2443 (Fam) (28 September 2011)

Source: www.bailii.org

Williams and others v British Airways plc (Case C-155/10) – WLR Daily

Posted September 29th, 2011 in airlines, EC law, employment, law reports, remuneration, working time by sally

Williams and others v British Airways plc (Case C-155/10); [2011] WLR (D) 282

“An airline pilot was entitled, during his annual leave, not only to the maintenance of his basic salary, but also, first, to all the components intrinsically linked to the performance of the tasks which he was required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, was provided and, second, to all the elements relating to his personal and professional status as an airline pilot, pursuant to article 7 of Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time and clause 3 of the Agreement annexed to Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation, concluded by the Association of European Airlines, the European Transport Workers’ Federation, the European Cockpit Association, the European Regions Airline Association (ERA) and the International Air Carrier Association.”

WLR Daily, 15th September 2011

Source: www.iclr.co.uk

Interflora Inc and another v Marks & Spencer plc (Case C-323/09) – WLR Daily

Posted September 28th, 2011 in advertising, EC law, internet, law reports, trade marks by sally

Interflora Inc and another v Marks & Spencer plc (Case C-323/09); [2011] WLR (D) 281

“Article 5(1)(a) of First Council Directive 89/104/EEC and article 9(1)(a) of Council Regulation (EC) No 40/94 on the Community trade mark was to be interpreted as meaning that the proprietor of a trade mark was entitled to prevent a competitor from advertising on the basis of a keyword which was identical with the trade mark and which had been selected in an internet referencing service by the competitor without the proprietor’s consent, where that use was liable to have an adverse effect on one of the functions of the trade mark. Article 5(2) of Directive 89/104 and article 9(1)(c) of Regulation No 40/94 was to be interpreted as meaning that the proprietor of a trade mark with a reputation was entitled to prevent a competitor from advertising on the basis of a keyword corresponding to that trade mark, which the competitor had, without the proprietor’s consent, selected in an internet referencing service, where the competitor thereby took unfair advantage of the distinctive character or repute of the trade mark (free-riding) or where the advertising was detrimental to that distinctive character (dilution) or to that repute (tarnishment).”

WLR Daily, 22nd September 2011

Source: www.iclr.co.uk

Egan v Basildon Borough Council – WLR Daily

Posted September 28th, 2011 in enforcement notices, law reports, local government, news, planning, travellers by sally

Egan v Basildon Borough Council [2011] EWHC 2416 (QB); [2011] WLR (D) 280

“The date of construction of unlawfully erected buildings or structures could be critical when enforcement action was proposed pursuant to a notice to rectify breaches of planning control.”

WLR Daily, 26th September 2011

Source: www.iclr.co.uk

Budějovický Budvar, národní podnik v Anheuser-Busch Inc (Case C-482/09) – WLR Daily

Posted September 27th, 2011 in EC law, law reports, trade marks by sally

Budějovický Budvar, národní podnik v Anheuser-Busch Inc

“Acquiescence, within the meaning of article 9(1) of First Council Directive 89/104/EEC, was a concept of European Union law and the proprietor of an earlier trade mark could not be held to have acquiesced in the long and well-established honest use, of which he had long been aware, by a third party of a later trade mark which was identical with that of the proprietor if that proprietor was not in any position to oppose that use. Registration of the earlier trade mark in the member state concerned did not constitute a prerequisite for the running of the period of limitation in consequence of acquiescence prescribed in article 9(1).”

(Case C-482/09); [2011] WLR (D) 279

WLR Daily, 22nd September 2011

Source: www.iclr.co.uk

Don’t throw the BAILII out with the bath water – UK Human Rights Blog

Posted September 27th, 2011 in judgments, law reports, news by sally

“The Guardian published an editorial today (26 September) arguing that court judgments should be opened up to the public. The editorial challenges the fact that BAILII, the charity which currently publishes most judgments online, is not searchable on Google.”

Full story

UK Human Rights Blog, 26th September 2011

Source: www.ukhumanrightsblog.com

BAILII: Recent Decisions

Posted September 21st, 2011 in law reports by michael

Court of Appeal (Civil Division)

AJ v Secretary of State for the Home Department [2011] EWCA Civ 1081 (21 September 2011)

High Court ) Family Division)

Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2376 (Fam) (01 September 2011)

High Court (Technology and Construction Court)

Hackney Empire Ltd v Aviva Insurance UK Ltd [2011] EWHC 2378 (TCC) (21 September 2011)

Source: www.bailii.org

Bailii: Recent Decisions

Posted September 19th, 2011 in law reports by sally

High Court (Administrative Court)

BN, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2367 (Admin) (16 September 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 16th, 2011 in law reports by sally

High Court (Chancery Division)

Castledine v RSM Bentley Jennison (a firm) & Anor [2011] EWHC 2363 (Ch) (15 September 2011)

High Court (Queen’s Bench Division)

Maris Interiors LLP v Pleckinger & Ors [2011] EWHC 2260 (QB) (15 September 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 15th, 2011 in law reports by sally

High Court (Chancery Division)

Westbrook Dolphin Square Ltd v Friends Provident Life and Pensions Ltd [2011] EWHC 2302 (Ch) (14 September 2011)

High Court (Commercial Court)

A & Ors v B & Anor [2011] EWHC 2345 (Comm) (15 September 2011)

Linsen International Ltd & Ors v Humpuss Sea Transport Pte Ltd & Ors [2011] EWHC 2339 (Comm) (14 September 2011)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 13th, 2011 in law reports by sally

High Court (Technology and Construction Court)

Community Gateway Association Ltd v Beha Williams Norman Ltd [2011] EWHC 2311 (TCC) (12 September 2012)

Witney Town Council v Beam Construction (Cheltenham) Ltd [2011] EWHC 2332 (TCC) (12 September 2011)

Source: www.bailii.org

Nomihold Securities Inc v Mobile Telesystems Finance SA – WLR Daily

Posted September 13th, 2011 in appeals, freezing injunctions, law reports by sally

Nomihold Securities Inc v Mobile Telesystems Finance SA [2011] EWCA Civ 1040; [2011] WLR (D) 278

“Where a freezing order bound a party against whom an arbitral award had been made the position was not directly analogous to that of a ‘judgment debtor’ when the question fell to be determined whether the party owing the sum awarded should be permitted to make a payment out to a third party.”

WLR Daily, 1st September 2011

Source: www.iclr.co.uk