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Promed v EUIPO – Centrumelektroniki (Promed) (EU Trade Mark – Judgment): ECFI 9 Dec 2020

EU trade mark – Invalidity proceedings – EU word mark Promed – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) Citations: T-30/20, [2020] EUECJ T-30/20 Links: Bailii Jurisdiction: European European Updated: 09 November 2022; Ref: scu.660747

Sanchez Romero Carvajal Jabugo v EUIPO – Embutidos Monells (5MS MMMMM) (EU Trade Mark – Judgment): ECFI 2 Dec 2020

European Union trade mark – Opposition proceedings – Application for an EU figurative trade mark 5MS MMMMM – Earlier figurative EU trade mark 5J – Relative grounds for refusal – No likelihood of confusion – No similarity of signs – Article 8 (1) (b) of Regulation (EC) No 207/2009 [now Article 8 (1) (b) of … Continue reading Sanchez Romero Carvajal Jabugo v EUIPO – Embutidos Monells (5MS MMMMM) (EU Trade Mark – Judgment): ECFI 2 Dec 2020

Pepsico v Grupo Promer Mon Graphic: ECJ 12 May 2011

ECJ Appeal – Community designs – Scope of the review of the legality of OHIM decisions relating to designs – The degree of freedom of the designer – Concept of ‘informed user’. Judges: Advocate General Mengozzi Citations: C-281/10, [2011] EUECJ C-281/10 Links: Bailii Jurisdiction: European Cited by: Opinion – Pepsico v Grupo Promer Mon Graphic … Continue reading Pepsico v Grupo Promer Mon Graphic: ECJ 12 May 2011

Doherty and others v Rugby Joinery (UK) Limited: CA 17 Feb 2004

The claimant had used a sander, and been injured with vibration induced white finger syndrome. The employee appealed against a finding of non-liability saying the company should have known of the risk. Held: It had become accepted that use of such equipment for more than a certain time each day would be dangerous. The defendant … Continue reading Doherty and others v Rugby Joinery (UK) Limited: CA 17 Feb 2004

Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany. Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex’s claim for … Continue reading Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

Grupo Promer Mon Graphic v OHMI- Pepsico (Representation D’Un Support Promotionnel Circulaire): ECFI 18 Mar 2010

ECFI Community design – Invalidity proceedings Registered Community design representing a circular promotional item Prior design Ground for invalidity Conflict No different overall impression Meaning of ‘conflict’ Product at issue Degree of freedom of the designer Informed user Article 10 and Article 25(1)(b) and (d) of Regulation (EC) No 6/2002. Citations: T-9/07, [2010] EUECJ T-9/07 … Continue reading Grupo Promer Mon Graphic v OHMI- Pepsico (Representation D’Un Support Promotionnel Circulaire): ECFI 18 Mar 2010

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Donachie v The Chief Constable of the Greater Manchester Police: CA 7 Apr 2004

The claimant had been asked to work under cover. The surveillance equipment he was asked to use was faulty, requiring him to put himself at risk repeatedly to maintain it resulting in a stress disorder and a stroke. Held: There was a direct line of causation between the known faults in the equipment, and the … Continue reading Donachie v The Chief Constable of the Greater Manchester Police: CA 7 Apr 2004

Giuseppe d’Urso, Adriana Ventadori and others v Ercole Marelli Elettromeccanica Generale SpA: ECJ 25 Jul 1991

Europa Article 3(1) of Directive 77/187 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 is to be interpreted as meaning that all contracts of employment or employment relationships existing on the date of the … Continue reading Giuseppe d’Urso, Adriana Ventadori and others v Ercole Marelli Elettromeccanica Generale SpA: ECJ 25 Jul 1991

Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 12 Feb 2015

ECJ Reference for a preliminary ruling – Articles 56 TFEU and 57 TFEU – Directive 96/71/EC – Articles 3, 5 and 6 – Workers of a company with its seat in Member State A, posted to carry out works in Member State B – Minimum wage provided for by the collective agreements of Member State … Continue reading Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 12 Feb 2015

Transnational Company Kazchrome and ENRC Marketing v Council: ECJ 19 Dec 2013

ECJ Judgment Of The Court – Appeal – Dumping – Regulation (EC) No 172/2008 – Imports of ferro-silicon originating in China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia – Partial interim review – Regulation (EC) No 384/96 – Article 3(7) – Known factors – Injury to the European Union industry – Causal … Continue reading Transnational Company Kazchrome and ENRC Marketing v Council: ECJ 19 Dec 2013

Arrom Conseil v Euipo – Nina Ricci (Romeo has a Gun By Romano Ricci): ECFI 15 Sep 2016

(Judgment) EU trade mark – Opposition proceedings – Application for registration of the EU figurative mark Romeo has a Gun by Romano Ricci – Earlier EU word marks NINA RICCI and RICCI – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Unfair advantage taken of the distinctive character or reputation of … Continue reading Arrom Conseil v Euipo – Nina Ricci (Romeo has a Gun By Romano Ricci): ECFI 15 Sep 2016

Arrom Conseil v EUIPO – Puig France (Romeo Has A Gun By Romano Ricci): ECFI 15 Sep 2016

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for registration of the EU figurative mark Romeo has a Gun by Romano Ricci – Earlier EU word marks NINA RICCI and RICCI – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Unfair advantage taken of the distinctive character or reputation … Continue reading Arrom Conseil v EUIPO – Puig France (Romeo Has A Gun By Romano Ricci): ECFI 15 Sep 2016

Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 18 Sep 2014

ECJ Advocate General’s Opinion – Freedom of movement for workers – Posted workers – Pay claims deriving from an employment relationship – Regulation (EC) No 593/2008 (Rome I Regulation) – Choice of law – Article 8 – Law applicable to individual employment contracts – Article 14 – Assignment of pay claims to a trade union … Continue reading Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 18 Sep 2014

Sunport Shipping Limited, Prometheus Maritime Corporation, Celestial Maritime Corporation, Surzur Overseas Limited v Tryg-Baltica International (UK) Limited, C N R Atkin: ComC 27 Feb 2002

A claim was made under a marine insurance policy. The policy incorporated the Institute War and Strikes Clauses, Hulls-Time of 1/10/83, and included a clause ‘loss damage . . arising from . . Detainment . . by reason of infringement of any customs or trading regulations.’ The ship was detained for possible involvement in illegal … Continue reading Sunport Shipping Limited, Prometheus Maritime Corporation, Celestial Maritime Corporation, Surzur Overseas Limited v Tryg-Baltica International (UK) Limited, C N R Atkin: ComC 27 Feb 2002

Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Magmatic Ltd v PMS International Ltd: CA 28 Feb 2014

The parties disputed an alleged infringement of a registered design in the Trunki, a child’s suitcase designed to be ridden on, and other infringements of copyright in the packaging. PMS now appealed on the issue of whether the defendant’s Kiddee Case infringed the CRD. Held: The appeal succeeded. The judge had made two errors. First … Continue reading Magmatic Ltd v PMS International Ltd: CA 28 Feb 2014

Chelyabinsk Electrometallurgical Integrated Plant OAO v European Commission: ECJ 28 Nov 2013

ECJ Appeal – Dumping – Regulation (EC) No 172/2008 – Imports of ferro-silicon originating in China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia – Regulation (EC) No 384/96 – Article 2(9) – Export price – Article 3(5) and (6) – Determination of injury – Article 6(7) – Investigation – Article 8(4) – … Continue reading Chelyabinsk Electrometallurgical Integrated Plant OAO v European Commission: ECJ 28 Nov 2013

Liversidge v Sir John Anderson: HL 3 Nov 1941

The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents. Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding … Continue reading Liversidge v Sir John Anderson: HL 3 Nov 1941

Simmons v British Steel plc: HL 29 Apr 2004

The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as incorrect. Since the pursuer suffered physical injuries the starting point is that he was a … Continue reading Simmons v British Steel plc: HL 29 Apr 2004

HP Bulmer Ltd and Another v J Bollinger Sa and others: CA 22 May 1974

Necessity for Reference to ECJ Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. But if decided the other way, it would … Continue reading HP Bulmer Ltd and Another v J Bollinger Sa and others: CA 22 May 1974

Paul and Another v The Royal Wolverhampton NHS Trust: QBD 4 Jun 2020

Nervous shock – liability to third parties The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care to a primary victim may be … Continue reading Paul and Another v The Royal Wolverhampton NHS Trust: QBD 4 Jun 2020

Bolitho v City and Hackney Health Authority: HL 24 Jul 1997

The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain damage. Held: In cases of diagnosis and treatment there are cases where, despite a body … Continue reading Bolitho v City and Hackney Health Authority: HL 24 Jul 1997

In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995

Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995

Sunderland City Council v Stirling Investment Properties Llp: Admn 24 May 2013

The Council appealed by cases stated against dismissal of its summons against the defendant alleging non-payment of non-domestic rates. The property owned by the respondent had been occupied by a tenant, but only by a small equipment box, and the respondent argued that it was entitled to a period of six months without rates liability … Continue reading Sunderland City Council v Stirling Investment Properties Llp: Admn 24 May 2013

Sunport Shipping Limited, Prometheus Maritime Corporation, Celestial Maritime Corporation, Surzur Overseas Limited v Tryg-Baltica International (UK) Ltd (Formerly Know As Colonia Baltica Insurance Ltd) and others: CA 24 Jan 2003

(The ‘Kleovoulos of Rhodes’) A large quantity of cocaine was discovered by divers behind a grille in a sea chest at the vessel’s discharge port, Aliveri – having been placed there by unknown third persons at the load port in Colombia, South America. . .

Johnson v Berentzen and Another: QBD 26 Apr 2021

Trial of a preliminary issue to determine whether the claimant’s claim in tort for damages for personal injury in a road traffic accident which occurred in Scotland but was issued in the jurisdiction of England and Wales was brought within the limitation period or is time barred. It raises issues of the proper role and … Continue reading Johnson v Berentzen and Another: QBD 26 Apr 2021

A and Another v Essex County Council: CA 17 Dec 2003

The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

Green v Yorkshire Traction Company Ltd: CA 5 Dec 2001

Mr Green was a bus driver who slipped on the step of his bus. Passengers had dripped rainwater on the step. Counsel for Mr Green referred to article 5(1) of the Framework Directive which states: ‘The employer shall have a duty to ensure the safety and health of workers in every aspect related to work.’ … Continue reading Green v Yorkshire Traction Company Ltd: CA 5 Dec 2001

Derby City Council (Decision Notice): ICO 29 Aug 2012

The complainant requested any business plans and financial forecasts related to a proposed multi-use arena, velodrome and aquatics centre development. Derby City Council (DCC) identified the information as environmental and refused to provide it relying on regulation 12(4)(d) – information still in the course of completion. The Commissioner’s decision is that DCC correctly identified the … Continue reading Derby City Council (Decision Notice): ICO 29 Aug 2012

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006

Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter … Continue reading North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006

Oakley Inc v Animal Ltd and others: CA 20 Oct 2005

It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The Attorney general now criticised the judge for failing to allow for the extent of Parliamentary scrutiny … Continue reading Oakley Inc v Animal Ltd and others: CA 20 Oct 2005

Jacobs v Motor Insurers Bureau: CA 27 Oct 2010

The claimant was injured when struck by a car in Spain, driven by an uninsured driver. He claimed here against the MIB. The 2003 Regulations under which he claimed had not been updated for the 2007 EU Regulations. The parties disputed which law would apply to assessment of damages. Held: The appeal succeeded. The Regulations … Continue reading Jacobs v Motor Insurers Bureau: CA 27 Oct 2010

Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others: HL 8 Feb 2001

The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s stores, under the name Parma Ham, but without the mark being shown. … Continue reading Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others: HL 8 Feb 2001

Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998

The House faced two questions regarding the protection given by the Regulations: ‘whether the dismissed employee can compel the transferee to employ him or whether he is given the right to enforce as against the transferee such remedies under national law as he could have enforced against the transferor.’ and ‘whether, if despite dismissal they … Continue reading Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998

Calvert v William Hill Credit Ltd: ChD 12 Mar 2008

The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, including procedures for self-exclusion. The claimant had of his own choice previously closed accounts at other bookmakers, … Continue reading Calvert v William Hill Credit Ltd: ChD 12 Mar 2008

Four Seasons Holdings Incorporated v Brownlie: SC 19 Dec 2017

The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated in Canada, and denied that the English court had jurisdiction. Each party … Continue reading Four Seasons Holdings Incorporated v Brownlie: SC 19 Dec 2017

Hitachi Chemical Europe and Polynt v ECHA: ECJ 15 Mar 2017

ECJ (Judgment) Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 57(f) – Authorisation – Substances of very high concern – Identification – Equivalent level of concern – Hexahydromethylphthalic anhydride, hexahydro-4-methylphthalic anhydride, hexahydro-1-methylphthalic anhydride and hexahydro-3-methylphthalic anhydride Citations: ECLI:EU:C:2017:208, [2017] EUECJ C-324/15 Links: Bailii Statutes: Regulation (EC) No 1907/2006 Jurisdiction: European Health and Safety, … Continue reading Hitachi Chemical Europe and Polynt v ECHA: ECJ 15 Mar 2017

Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019

The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. Held: The appeals failed save that the UK was not the proper jurisdiction to bring the case. The claim … Continue reading Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999

The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear idea of when it would be possible for him … Continue reading Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999

Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003

The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination. Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It had asked first whether there had been less favourable treatment, and then asked why there had … Continue reading Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003

Olsen v Gearbulk Services Ltd and Another (Practice and Procedure: Preliminary Issues): EAT 28 Apr 2015

EAT Practice and Procedure: Preliminary Issues – A peripatetic employee, who was Danish and had his home in Switzerland, freely entered into a contract with the First Respondent, a company incorporated in Bermuda, by which he was to occupy an international role, based in Switzerland, as its Strategy and Business Development Director. The contract was … Continue reading Olsen v Gearbulk Services Ltd and Another (Practice and Procedure: Preliminary Issues): EAT 28 Apr 2015

Spain v Commission: ECFI 11 Feb 2015

ECJ (Judgment (Extracts)) Consumer protection – Regulation (EU) No 15/2011 – lipophilic toxin detection methods in bivalve molluscs – Replacement of the method of mouse bioassay by liquid chromatography coupled to mass spectrometry in tandem ( LC-MS / MS) – Article 168 TFEU – Proportionality – Legitimate expectations M Prek, P T-204/11, [2015] EUECJ T-204/11, … Continue reading Spain v Commission: ECFI 11 Feb 2015

National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006

Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006

Fetch.AI Ltd and Another v Persons Unknown Category A and Others: ComC 15 Jul 2021

Cryptocurrency Action The claimants sought damages and other remedies saying that the unknown defendants had obtained access to the private key guarding their crypto currency assets, and then sold them at an undervalue, acquiring substantial profits for themselves in subsequent unknown transactions. The Court considered the nature in law of such systems, and preliminary injunctive … Continue reading Fetch.AI Ltd and Another v Persons Unknown Category A and Others: ComC 15 Jul 2021

Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012

The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012

Reeves (Listing Officer) v Northrop: Admn 6 Mar 2012

The respondent occupied a tugboat with his family as his home. The appellant authority had sought to charge council tax, saying that it was a dwelling. The boat was not a houseboat but a live-aboard seagoing vessel, registered in the Small Ships Register; The question was whether it amounted to a heraditament. Held: The listing … Continue reading Reeves (Listing Officer) v Northrop: Admn 6 Mar 2012

Simpson v Intralinks: EAT 15 Jun 2012

EAT The parties agreed that in the event of any employment dispute , the applicable law would be German, and the place of jurisdiction Frankfurt, which was where the claimant lived and from where she worked (though she came on occasion to the UK). She brought claims under the Sex Discrimination Act 1975 and Equal … Continue reading Simpson v Intralinks: EAT 15 Jun 2012

Pickstone v Freemans Plc: HL 30 Jun 1988

The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988

Tallington Lakes Ltd, Regina (on The Application of) v Grantham Magistrates Court: Admn 25 Nov 2010

The company appealed against liability orders made against it for non-payment of domestic rates, saying that in each case it had not been the rateable occupier. The property had been subdivided and let to companies of which the appellant was a holding company. Held: The appeal was allowed. The property was a single heraditament. To … Continue reading Tallington Lakes Ltd, Regina (on The Application of) v Grantham Magistrates Court: Admn 25 Nov 2010

Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application: CA 25 Feb 1957

The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final. Held: In its decision the tribunal had made reference to the expert medical report and thereby had … Continue reading Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application: CA 25 Feb 1957

Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011

The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011

Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003

Limit to Declaratory Refilef as to Future Acts The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act. Held: Declaratory relief as to the criminality of future conduct is available but … Continue reading Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003

JS (Sri Lanka), Regina (on The Application of) v Secretary of State for The Home Department: SC 17 Mar 2010

The asylum seeker was accused of complicity in war crimes in Sri Lanka. He had worked as an intelligence officer but his cover had been broken and he fled to the UK. It was said that he was excluded from protection as an asylum seeker. Held: The Home Secretary’s appeal failed. Article 28 is to … Continue reading JS (Sri Lanka), Regina (on The Application of) v Secretary of State for The Home Department: SC 17 Mar 2010

Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015

The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts below held, such a claimant must also establish a business with customers within the … Continue reading Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015

Fairchild v Glenhaven Funeral Services Ltd and Others: HL 20 Jun 2002

The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the condition. The claimants appealed dismissal of their claim. Held: It is for a claimant to prove that … Continue reading Fairchild v Glenhaven Funeral Services Ltd and Others: HL 20 Jun 2002

Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007

The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but signalled the presence of asbestos in the lungs. The employer appealed a finding of liability. Held: The claims … Continue reading Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007

Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008

The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance companies and as to whether the compensation under the Acts counted as damages under the policies. The syndicate said … Continue reading Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008

Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011

The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal. Held: The claimants’ appeals were allowed and the cases remitted to the Employment Tribunals. The employments fell within the exeptions governing employment abroad identified in Lawsn -v- Serco. … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011

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