Case Summaries Up To July 2007
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By Law Brief Publishing on 01/08/2007 00:00
Reporting Restrictions for Inquest into Death of a Child. Sir Mark Potter, the President of the Family Division, held that it was inappropriate to grant reporting restrictions on a coroner’s inquest into the death of a child. The media’s right to report the proceedings under Article 10 outweighed the rights of the deceased child’s sibling under Article 8. The Court was not satisfied that lasting harm to the sibling would be caused by the reporting. Restriction of the sibling’s identity, and any ...
By Law Brief Publishing on 01/08/2007 00:00
R, which markets the Blackberry, issued proceedings in the UK for revocation of a patent owned by V for a system of synchronizing email across a network, and also issued parallel opposition proceedings in the EPO. V applied to stay the English proceedings pending the outcome of the opposition proceedings. The stay was refused because there was no underlying reason for giving primacy to the EPO proceedings; the English proceedings were at an advanced stage and ready for trial in January where ...
By Law Brief Publishing on 01/08/2007 00:00
The FSA imposed fines of £10,500 on Lawrence Scoffield and Council Homebuyers and gave Mortgage Network a public censure in respect of management failings. The first two had failed to ensure that systems were in place so that only suitable mortgages were recommended and customers treated fairly. Mortgage Network did not have a system for keeping proper records relating to customers’ needs and circumstances and adequate training records.
By Law Brief Publishing on 01/08/2007 00:00
Within care proceedings a finding had been made that LM's sibling had been killed by the Mother. LM's GAL asked the court to make an order prohibiting publication of details which could serve to identify LM. It was held that the art 10 rights of the media were not outweighed by the art 8 considerations relating to LM's postion. However while there was no blanket ban an order was granted preventing the publication of LM's name and address.
By Law Brief Publishing on 01/08/2007 00:00
Reporting Restrictions for Inquest into Death of a Child. Sir Mark Potter, the President of the Family Division, held that it was inappropriate to grant reporting restrictions on a coroner’s inquest into the death of a child. The media’s right to report the proceedings under Article 10 outweighed the rights of the deceased child’s sibling under Article 8. The Court was not satisfied that lasting harm to the sibling would be caused by the reporting. Restriction of the sibling’s identity, and any ...
By Law Brief Publishing on 01/08/2007 00:00
R, which markets the Blackberry, issued proceedings in the UK for revocation of a patent owned by V for a system of synchronizing email across a network, and also issued parallel opposition proceedings in the EPO. V applied to stay the English proceedings pending the outcome of the opposition proceedings. The stay was refused because there was no underlying reason for giving primacy to the EPO proceedings; the English proceedings were at an advanced stage and ready for trial in January where ...
By Law Brief Publishing on 01/08/2007 00:00
A Father's appeal against a DJ's refusal of his appplication to be assessed in Bangladesh by an independent social worker was upheld. It was held that while the DJ had been correct on the information before him it had subsequently been shown that an ISW already in Bangladesh could complete an assessment within the court's timescale.
By Law Brief Publishing on 01/08/2007 00:00
Within care proceedings a finding had been made that LM's sibling had been killed by the Mother. LM's GAL asked the court to make an order prohibiting publication of details which could serve to identify LM. It was held that the art 10 rights of the media were not outweighed by the art 8 considerations relating to LM's postion. However while there was no blanket ban an order was granted preventing the publication of LM's name and address.
By Law Brief Publishing on 01/08/2007 00:00
An insurer owed no duty to a third party who was liable for replacement car hire costs, while vehicle repairs were carried out for the insurer's client, to process the insured's claim timely or to ensure that a garage carried out the repairs within a reasonable time.
By Law Brief Publishing on 31/07/2007 00:00
The Criminal Justice Act 2003 introduced a serious of requirements to detain prisoners preventively on a finding that they were dangerous: in the event of a finding of dangerousness following a conviction for one of a lengthy list of sexual or violent offences, an indeterminate sentence must be passed if the maximum sentence is 10 years or more (and a life sentence can be imposed if that is the maximum available and the court finds life to be appropriate). The sentence consists of a punitive tar ...
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