Dyslexia and Disability Discrimination: In Patterson v Commissioner of the Police for the Metropolis, the EAT held that a policeman was dyslexic was disabled within the meaning of the Disability Discrimination Act 1995. The EAT held that in determining whether someone is disabled the important comparison is between what the individual can do and would be able to do without the impairment.
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The Solicitors Regulation Authority has ordered Gabb & Co solicitors to repay £160,000 in deducted fees from compensation payments to miners it represented in claims for respiratory diseases and vibration white finger.
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An insured was entitled to an anti-suit injunction in respect of a challenge in the US Courts brought by the insurer arising out of a London arbitration award because the invocation of the jurisdiction of another court would be a breach of the arbitration agreements including the contract to arbitrate, the agreement to refer and the agreement to the procedural law.
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The doctor was facing serious charges of professional misconduct including threatening and intimidating colleagues, undertaking paid employment whilst suspended from work on full pay and failing to disclose a criminal conviction. Although aware of the hearing date for many months he applied for an adjournment a matter of days before the hearing. The application was refused and the hearing proceeded in his absence. The panel heard from a number of witnesses from the GMC and saw some but not all o ...
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An appeal was dismissed against a decision refusing Pucci’s opposition to the registration of the device mark PUCCI in respect of grooming materials and accessories for pets. The mark had its first 4 letters in upper case and the last in lower case incorporating the image of a bone. The opponent relied on its earlier word-only mark EMILIO PUCCI for women’s clothing. The hearing officer had made no error of principle in finding that there was not a likelihood of confusion.
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D objected to extradition to the United States on the basis that he would receive a sentence of life without the possibility of parole (the US having given the usual undertaking not to execute him). It was argued that such a sentence was in breach of his human rights and constituted inhuman or degrading treatment. Held: The sentence did not satisfy the severity needed to engage and offend article 3 as the whole life tariff was appropriate for such a heinous crime.
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Held: The current policy of the PB to determine appeals against prisoner recalls within 55 working days was excessive and unlawful under article 5 ECHR. The PB ought to consider particular characteristics of detained persons, including the state of their mental health.
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The case concerned a shop where lingerie and sexual items including whips were displayed in the window of the shop. The landlord of the shopping centre obtained an interim injunction pending trial preventing the window display from being sexually suggestive and explicit.
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Note of Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995
Here the appellants lodged devolution minutes in which they averred that their right to a "fair and public hearing within a reasonable time", under Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms had been infringed. It was contended that taking the appellants to trial would be ultra vires of the Lord Advocate, by virtue of section 57 of the Scotland Act 1998. The starting point of the question of whether the period was reasonable was 21 May 200 ...
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D made an allegation of robbery that resulted in an innocent person being charged and held in custody for 9 days. On a charge of common law perverting the course of justice the YC declined jurisdiction, finding the offence to merit more than 2 years detention. Held: The decision was wrong in law, as it was unlikely even in the case of an adult, that such a sentence would be imposed.
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