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Most recent case entries
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By Law Brief Publishing on 28/01/2015 10:08 AM
In the liquidation of an insurer a solicitor challenged the liquidator's assessment of its claims under a professional indemnity policy on the basis that they did not arise from a claim that had purportedly been notified. It was appropriate to deal with the claims in a liquidation with the least possible costs. The terms of the policy distinguished between notification of a claim and circumstances that might give rise to a claim. The purported notification of a claim did not amount to a proper n ...
By Law Brief Publishing on 28/01/2015 10:07 AM
An appeal was dismissed, upholding a finding that magazine publisher P's trade mark "Ideal Home", registered in respect of inter alia retail sale by mail order, had not been infringed by exhibition company M's use of the trade mark for an online shop. The judge had been entitled to find that, given the long history of concurrent trading by the parties, M's use would not adversely affect the essential function of P's trade mark. The guarantee of origin afforded by the registered mark already took ...
By Law Brief Publishing on 28/01/2015 10:06 AM
An application by the defendant to transfer trade mark proceedings from the IPEC to the Chancery Division was refused. The IPEC was principally but not exclusively a medium for small and medium sized enterprises. An important aspect of its jurisdiction was to determine matters which were not particularly complex and could be decided more cheaply and quickly than in the High Court. The matter in hand could easily be tried within two days and its value would not exceed the £500,000 damages li ...
By Law Brief Publishing on 28/01/2015 10:05 AM
Application for mother for registration and enforcement of Russian orders concerning residence of one of her two children were dismissed. The application was brought pursuant to the 1996 Hague Convention and sought the summary return of the younger child (7). The older child was 10. M argued the children had been unlawfully retained in the UK. The order of the Russian Court (Apr 2014) was valid. The Court considered the circumstances in which recognition or orders made in Russia might be refused ...
By Law Brief Publishing on 28/01/2015 10:03 AM
Application by mother (M) for discharge of a prohibited steps order which prevented her from removing the children from the jurisdiction. M wanted to be able to travel to her home country of Algeria. The application was refused. The Judge found a clear identifiable risk that any order for the children's return would be breached. This included an assessment of M's intentions and ties to the UK as well as the Algerian family law code and provisions of likelihood of those courts facilitating return ...
By Law Brief Publishing on 27/01/2015 4:31 PM
The court determined the precise form of an order requiring internet service providers to prevent access by their subscribers to specified websites which advertised and sold counterfeit goods. Where several of the target websites shared IP addresses with other websites, which were also engaged in unlawful activity, the court had jurisdiction to make the blocking order for the IP address. The term "unlawful activity" covered infringement of any intellectual property right and was not restricted t ...
By Law Brief Publishing on 27/01/2015 4:29 PM
H succeeded in its claim against L, a former director, for copyright infringement and breach of fiduciary duty in respect of L's transfer of software to another recruitment company. The claim was not statute-barred because L had deliberately concealed relevant facts and his wrongdoing was intentional. Accordingly the six-year limitation period did not begin to run until H had learned of L's misconduct.
By Law Brief Publishing on 27/01/2015 4:25 PM
The defendants had infringed O's copyright in a number of photographs which appeared on a website providing escort services. It was important to take into account the possibility that a website might be targeted at more than one state, and it was clear that the website in question was at least in part targeted at the UK. E's sole director and shareholder was personally liable for the infringement because he had authorised it.
By Law Brief Publishing on 27/01/2015 4:24 PM
An appeal was dismissed, upholding the rejection of a patent application on grounds that its technological contribution fell entirely within excluded subject matter. The patent application related to a method of transferring data between two computers. Decisions of the EPO relied on by the applicant adopted a different methodology from that used in the English system, and therefore provided only limited assistance in deciding whether the process adopted by an English judge had been flawed.
By Law Brief Publishing on 27/01/2015 4:22 PM
The Claimant brought, pursuant to a pre-April 2013 conditional fee agreements (CFA), a personal injury claim against the First and Second Defendants, which was dismissed by Foskett J by judgment handed down on 7 October 2013. Permission to appeal was granted and a second CFA was entered into on 23 November 2013. On 4 August 2014, the Court of Appeal dismissed the Claimant's appeal and ordered for the Claimant to pay the costs of the First and Second Defendants arising from the appeal with the qu ...
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