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Bushell and Others, Regina (on the Application Of) v Newcastle Licensing Justices and others: CA 25 Jun 2004

The applicant sought special removal of a justices on-licence from former premises to its new premises. Held: The special removal procedure was limited to circumstances of urgency. The applicant had to show that the circumstances fell within the section, and that the premises were about to be pulled down or occupied. The section did not … Continue reading Bushell and Others, Regina (on the Application Of) v Newcastle Licensing Justices and others: CA 25 Jun 2004

Norwich Crown Court and others v Luminar Leisure: CA 7 Apr 2004

Objections were raised to the grant of a special hours licence. Held: The premises had been adapted to provide for music and dancing and for eating. Four principles were identified: The intended use is that of the licensee, not his customers; that some customers might only drink would not defeat an application; the use to … Continue reading Norwich Crown Court and others v Luminar Leisure: CA 7 Apr 2004

Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and others: Admn 15 Mar 2004

Objection was made to the removal of an old on-license by the magistrates. Held: The justices had had no jurisdiction under section 15 because, at the time the application came before the justices, the premises of Mim’s Bar were not ‘occupied’ or about to be ‘occupied’ for a ‘public purpose’ within the meaning of section … Continue reading Bushell and Others, Regina (on the Application of) v Newcastle Upon Tyne Licensing Justices and others: Admn 15 Mar 2004

Newspaper Licensing Agency Ltd v Marks and Spencer Plc: HL 12 Jul 2001

The respondent company subscribed to a cuttings service, but redistributed the cuttings within its offices. The cuttings agency claimed that the re-distribution infringed their rights in the typographical arrangement. The cuttings did not give any indication of the view of the original layout, and the court held that the cuttings themselves were not such a … Continue reading Newspaper Licensing Agency Ltd v Marks and Spencer Plc: HL 12 Jul 2001

Regina v West London Licensing Justices, ex parte Davis: QBD 16 Mar 1994

A pronouncement by Justices was of no legal effect, having been made ultra vires, and so no certiorari order was necessary or capable of being made to correct it. Citations: Gazette 08-Jun-1994, Gazette 30-Mar-1994, Times 16-Mar-1994 Statutes: Licensing Act 1964 20 Jurisdiction: England and Wales Magistrates, Licensing Updated: 19 May 2022; Ref: scu.88289

Regina v Warrington Crown Court, Ex Parte Rbnb (A Company): CA 8 Sep 2000

Licensing justices were not able to insist on the disclosure of the identities of the shareholders of an unlimited company applying for a liquor licence. The Act required the person having day to day control and management of the premises to be known and of satisfactory character. If that was achieved then there was no … Continue reading Regina v Warrington Crown Court, Ex Parte Rbnb (A Company): CA 8 Sep 2000

Westminster City Council v O’Reilly and others: QBD 28 Feb 2003

The premises consisted of a ground floor and basement. A music and dancing licence was in effect for part of the premises, but the appellant challenged the grant of a special hours certificate, based upon that licence, for the entire premises. Held: The special hours certificate should have been only for the part for which … Continue reading Westminster City Council v O’Reilly and others: QBD 28 Feb 2003

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members web-sites. The defendant denied that it required such a licence, saying that the arrangement required, in effect, double licensing. Judges: Sir … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC): HL 28 Nov 2000

Copyright Claim: Was it Copied, and How Much? The claimant sought to enforce its copyright in artwork for a fabric design Ixia, saying the defendant’s design Marguerite infringed that copyright. Two issues faced the House. Just what had been copied and if any, then did this amount amount to the whole or a substantial part … Continue reading Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC): HL 28 Nov 2000

Luminar Leisure Ltd v Norwich Crown Court: Admn 3 Oct 2003

The claimant challenged a grant on appeal of a Supper Hours Certificate. It had been refused initially on the ground that in reality it was sought merely to secure extended licensing hours. Held: The purpose of the licensee must be that the supply of liquor will be ancillary to the provision of music and dancing … Continue reading Luminar Leisure Ltd v Norwich Crown Court: Admn 3 Oct 2003

Glaister and Others v Appelby-In-Westmorland Town Council: CA 9 Dec 2009

The claimant was injured when at a horse fair. A loose horse kicked him causing injury. They claimed in negligence against the council for licensing the fair without ensuring that public liability insurance. The Council now appealed agaiinst a finding that they were liable, saying that this had been a wrongful extension of the law … Continue reading Glaister and Others v Appelby-In-Westmorland Town Council: CA 9 Dec 2009

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they needed a licence for the purpose. Held: The members of PRCA required licences from the claimants in order lawfully to receive … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

Hyperion Records Ltd v Sawkins: CA 19 May 2005

The claimant had developed historical musical works for performance. They were published by the defendant, by means of recordings of a performance from the scores he had prepared – so called ‘performance editions’. The many hundreds of hours expended, involved transcription of the scores into modern notation and interpretation of the composers shorthand. The publisher … Continue reading Hyperion Records Ltd v Sawkins: CA 19 May 2005

Ladbroke (Football) Ltd v William Hill (Football) Ltd: HL 1964

What is substantial copying The plaintiff alleged copying of their football pools coupons and copyright infringement. The issues were as to the extent of copying required to establish infringement, and whether it was proper to look at the several parts of the work separately. Held: The question of substantiality is a matter of quality rather … Continue reading Ladbroke (Football) Ltd v William Hill (Football) Ltd: HL 1964

Acts

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Regina v Methyr Tydfil Crown Court ex parte Chief Constable Dyfed Powys Police: Admn 9 Nov 1998

Where the police had exercised their statutory duty in opposing a transfer of justices licence without being unreasonable or acting in bad faith, they should not be ordered to pay the applicant’s costs after a successful appeal to the Crown Court.Lightman J said: ‘It seems to me quite clear that on the basis of that … Continue reading Regina v Methyr Tydfil Crown Court ex parte Chief Constable Dyfed Powys Police: Admn 9 Nov 1998

Young v O’Connell: QBD 25 May 1985

The word ‘ancillary’ in the Act meant subordinate or secondary. Richards -v- Bloxham (Binks) establishes that ‘where there is the provision of both music and dancing and substantial refreshment, that is to say food, to which the supply of intoxicating liquor is ancillary, the relative priorities as between music and dancing and food does not … Continue reading Young v O’Connell: QBD 25 May 1985

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Richards v Bloxham (Binks): QBD 1968

The applicant appealed refusal by magistrates to revoke a Supper Hours Certificate. Held: Describing section 77, ‘Pausing there, I should have thought as a matter of ordinary language that that is enabling justices to grant a special hours certificate where there is a music and dancing licence in force, and the bona fide intention is … Continue reading Richards v Bloxham (Binks): QBD 1968

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

University of London Press Ltd v University Tutorial Press Ltd: ChD 1916

In a copyright claim, the test of originality which had to be passed was set out by Peterson J, saying: ‘The word ‘original’ does not in this connection mean that the work must be the expression of original or inventive thought. Copyright Acts are not concerned with the originality of ideas, but with the expression … Continue reading University of London Press Ltd v University Tutorial Press Ltd: ChD 1916

Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. Tne relationship is in contract between the club and its member. Sir Thomas Bingham MR: ‘No serious racecourse management, owner, trainer … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

Interlego AG v Tyco Industries Inc: PC 5 May 1988

How much new material for new copyright (Hong Kong) Toy building bricks were manufactured by Lego in accordance with engineering drawings made for that purpose. One issue was whether new drawings made since 1972, altering the original drawings in various minor respects but added new information addressed to the purchaser in the form of written … Continue reading Interlego AG v Tyco Industries Inc: PC 5 May 1988

Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd: CA 12 Nov 1987

Incorporation of Onerous Terms Requires More Care Photographic transparencies were hired out to the advertising agency defendant. The contract clauses on the delivery note included a fee which was exorbitant for the retention of transparencies beyond the set date. Held: The plaintiff had not managed to include the terms in the contract, which was only … Continue reading Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd: CA 12 Nov 1987

Green v Moore: 1982

The respondent, a probationer police constable was convicted for obstructing police officers in the execution of their duty under s51(3) of the 1964 Act. He was a regular in a bar he knew was to be raided. He warned the landlord who complied with . .