<December 2014>
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
May 2004
May 2002
February 2002
January 2002
October 2001
February 2000
Most recent case entries
Select Your Region: Scotland  England and Wales  UK  Northern Ireland  Europe  All
Selected Region: All
By Euan A. Dow on 19/12/2014 5:20 PM
Note of appeal against conviction:- On 12 February 2014, at Paisley High Court, the appellant was convicted after trial of a charge of murder and a charge of attempted murder. On 18 March 2014, the appellant was sentenced to life imprisonment with a punishment part of 18 years in respect of the murder charge and a concurrent sentence of 10 years in relation to the attempted murder charge. The appellant appealed against his conviction on the following ground:- “The trial judge erred in holding th ...
By Euan A. Dow on 19/12/2014 5:17 PM
Notes of appeal against conviction:- On 12 September 2013, following a trial on indictment at Glasgow Sheriff Court, the appellants were convicted of a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 and a contravention of section 16A of the Firearms Act 1968. The first appellant was granted leave to appeal on the following ground, which was also adopted by the second appellant:- “… on the evidence, the Sheriff erred in law in rejecting the Appellant’s su ...
By Euan A. Dow on 19/12/2014 5:15 PM
Appeal under section 65 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to Glasgow Sheriff Court on a charge of assault to injury and danger of life. On 15 August 2014 the sheriff granted a Crown motion to adjourn the trial of the appellant to 10 November 2014 and, in terms of section 65(3) of the Criminal Procedure (Scotland) Act 1995, extended the twelve month time bar. Here the appellant appealed against that decision to extend the twelve month time bar. It was subm ...
By Law Brief Publishing on 18/12/2014 11:38 AM
In patent infringement proceedings the court granted W, the patentee, a Norwich Pharmacal order requiring S to provide information about the identities of customers to whom S had supplied allegedly infringing wind turbines, so that W could invite them to be bound by the decision in the instant case or to be joined.
By Law Brief Publishing on 18/12/2014 11:37 AM
The Court of Appeal heard an appeal in a package holiday claim where the claimant consumer had slipped on some water on granite stairs at a hotel in Spain causing personal injury. At first instance it was found that the hotel had not exercised reasonable care and the defendant organiser was thereby liable for the injuries under the Package Travel, Package Holidays and Package Tours Regulations 1992. On appeal, the Court reiterated that the relevant standard of care by which the hotel was expe ...
By Law Brief Update on 18/12/2014 11:33 AM
Relief from sanctions was granted where earlier notification would not have altered the defendant's position as regards any potential settlement. Failure to notify in time had no serious or significant adverse effect.
By Law Brief Publishing on 18/12/2014 11:31 AM
The Claimants were long lessees of chalets owned by the Defendant lessors. Improvement works substantially increased the level of the lessees' service charge contributions. By virtue of Schedule 3 para. 6 of the leases, the lessors sought reimbursement through the service charge for pay and expenses of staff employed and fees paid to architects, agents, surveyors and solicitors employed in regard to the management of the estate. Paragraph 8 provided for payment of a 5% management charge. U ...
By Law Brief Publishing on 16/12/2014 10:35 AM
Following the judgment of the CJEU on questions referred, an appeal was allowed against the revocation of one of S's CTMs for non-use. The mark consisted of two shaded overlapping ellipses without any wording and without colour limitation. The court had to ask itself whether the differences between the form in which the mark had been used (with the word SPECSAVERS) and the form in which it had been registered changed the distinctive character of the latter. The evidence showed that the wordless ...
By Law Brief Publishing on 16/12/2014 10:33 AM
N's appeal was dismissed, upholding a summary judgment granting a declaration of non-infringement of N's patent by A's product, being a moulded plastic milk bottle. It was for the party claiming that the court was inadequately equipped to decide an issue of construction on a summary basis to identify the nature of the evidence which he proposed to adduce and to explain what bearing he expected the evidence to have on the issue of construction. N had not shown any basis on which to send the issue ...
By Law Brief Publishing on 16/12/2014 10:31 AM
The court applied two different approaches when assessing business interruption losses following a fire at a nightclub. It was inappropriate to consider figures for actual turnover after re-opening because it was effectively a new club and had benefitted from additional publicity in the interim.
This content is made available by CaseCheck Limited under a Creative Commons Licence  |  Terms Of Use