‘Judgment in Sky trade mark saga clarifies both the law on bad faith registrations and the Supreme Court’s own remit. Brand owners must beware obtaining marks they have no intention of using.’
Law Society's Gazette, 17th November 2024
Source: www.lawgazette.co.uk
‘Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best misunderstood by the population, differently defined abroad and at odds with many other countries including the EU. With the non-domicile tax status being abolished as announced in the budget in late October 2024, is it not time now to end domicile as a family law basis of jurisdiction? Nationality is a far more straightforward, certain and modern basis.’
Financial Remedies Journal, 11th November 2024
Source: financialremediesjournal.com
‘Emojis play a significant part in digital communications, including casual messaging, social media posts, and increasingly, professional communications. When we are reviewing historical messages, understanding what the emojis were intended to mean could become an essential part of identifying what was discussed and/or agreed at that time.’
Financial Remedies Journal, 15th November 2024
Source: financialremediesjournal.com
‘Two swimming coaches were unfairly dismissed and subjected to “unfounded” comments about safeguarding concerns, an employment tribunal has found.’
BBC News, 18th November 2024
Source: www.bbc.co.uk
‘A council that did not provide a girl who has special educational needs with suitable schooling for two years will pay her and her mother £14,300 in compensation.’
BBC News, 18th November 2024
Source: www.bbc.co.uk
‘The property rights of Iceland’s largest fishing company prevail over the right to artistic expression of an artist who spoofed the firm’s website to draw attention to a high-profile corruption scandal, London’s high court has ruled.’
The Guardian, 14th November 2024
Source: www.theguardian.com
‘A former councillor has been sentenced to 18 years in prison after stabbing his wife three times while she soothed their baby.’
BBC News, 15th November 2024
Source: www.bbc.co.uk
‘John Smyth’s death in 2018 meant an “appalling abuser” associated with the Church of England escaped justice for crimes stretching back decades. Smyth used his role in a Christian charity to assault over 100 children and young men – and the Archbishop of Canterbury resigned after being criticised in a scathing report earlier this month. Now, an advocate for the victims of John Smyth tells the BBC the police were not “sufficiently curious” when told about him.’
BBC News, 17th November 2024
Source: www.bbc.co.uk
‘A man in his 20s has been arrested on suspicion of a double murder after two men were fatally stabbed in Manchester. The 23-year-old suspect has been detained under the Mental Health Act after being assessed by medical professionals, Greater Manchester Police said on Sunday evening.’
The Guardian, 17th November 2024
Source: www.theguardian.com
‘A cancer survivor with chronic health problems is suing one of the UK’s most prestigious museums for discrimination for allegedly denying her a suitable chair to sit on when she is at work.’
The Guardian, 17th November 2024
Source: www.theguardian.com
‘The number of ex-offenders charged with committing serious crimes while on probation has surged by a third to hit a grim new record, the latest figures show.’
The Independent, 17th December 2024
Source: www.independent.co.uk
‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’
UK Human Rights Blog, 15th November 2024
Source: ukhumanrightsblog.com
‘For over a century, it has been a well-established rule that a company cannot claim legal privilege against its own shareholders (Woodhouse & Co. Ltd v Woodhouse). This grants shareholders the right to access legal advice obtained by the company concerning its affairs. However, there is a recognised exception to this rule: if the legal advice pertains to actual or anticipated litigation between the company and the shareholder, the company can claim privilege.’
Kingsley Napley Immigration Blog, 14th November 2024
Source: www.kingsleynapley.co.uk
‘Exclusive possession, we are told, is single and indivisible. The mere fact of possession (as opposed to a vested right to possess in the form of a fee simple or a lease) generates a title in English law generates a form of title which can be vindicated in the English courts against anyone with a relatively weaker title: Asher v Whitlock (1865) L.R. 1 Q.B. 1, which has in recent times (somewhat controversially) been extended to licensees whose interests amount to something less than an estate in land but whose cumulative rights look like possession: Manchester Airport v Dutton [2000] 1 Q.B. 133.’
Falcon Chambers, 31st October 2024
Source: www.falcon-chambers.com
‘Work is progressing on a bus gate project in Cambridge despite campaign group Friends of Mill Road Bridge 2 threatening further legal action over what it said was a decision taken for an improper financial motive.’
Local Government Lawyer, 13th November 2024
Source: www.localgovernmentlawyer.co.uk
‘In National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37, the Supreme Court has handed down an important judgment on the scope of rectification, holding that a collective bargaining agreement can be rectified even though it is not a legally enforceable contract. Of greater relevance for pensions lawyers is the decision that the Employment Tribunal, whilst it does not have the power to make a rectification order, can nevertheless treat a document as having been rectified on the basis of the principle that “equity can treat as done that which ought to have been done”. This has potentially wide-ranging consequences for other statutory tribunals, including the FTT and the Pensions Ombudsman.’
Pensions Barrister, 14th November 2024
Source: www.pensionsbarrister.com
‘Andrew Malkinson, who spent 17 years in jail for a crime he did not commit, says the Ministry of Justice has left him “to rot” after telling him he is likely to have to wait months before learning if he is even eligible for compensation.’
The Guardian, 14th November 2024
Source: www.theguardian.com
‘Businesses with experience of third-party litigation funding (TPF) in England and Wales have the chance to respond to a government-backed consultation and help shape the future regulation of this market.’
OUT-LAW.com. 14th November 2024
Source: www.pinsentmasons.com
‘Leading Tories Robert Jenrick and Oliver Dowden were on the committee that backed plans for the “rushed and misjudged” £15m purchase of an asbestos-ridden site for asylum accommodation, Whitehall’s spending watchdog has disclosed.’
The Guardian, 15th November 2024
Source: www.theguardian.com
© Inner Temple Library 2024