Race Discrimination Against Parliamentary Candidates: In Labour Party v Ashan, the House of Lords held that a political party in selecting candidates is not conferring an 'authorisation or qualification' thereby enabling someone to be engaged in a profession. Accordingly section 12 of the Race Relations Act 1976 did not apply to the selection of parliamentary candidates who considered that a failure to select was on grounds of race. However the House of Lords held that the Labour Party was an 'a ...
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Contempt of Court STV Central Ltd., the Scottish Daily Record and the Scottish Sun Newspaper all appeared at a Hearing in relation to an alleged contempt of court. A news bulletin and newspaper articles had featured a picture of Derek Riordon, a professional footballer and one of the accused in an assault trial, together with details of the evidence given on the first day of the trial. The trial had been adjourned part heard. It was argued on behalf of all 3 bodies that the decision to publish a ...
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The Appellant son unsuccessfully appealed against a decision that he had not provided any of the purchase price of a property bought by the Respondent father and that he was not entitled to remuneration on a quantum meruit basis for help he gave his father in his property dealings. The trial judge was entitled to make these findings on the evidence.
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Continued Preliminary Hearing - Devolution Minutes:- Four minutes raising devolution issues were argued at a continued preliminary hearing. The minuter was indicted on a charge of culpable homicide:, namely- ".... on (date) at (address) she did supply a syringe and a controlled drug, namely (heroin) ... to (K.B.) then residing at ... knowing or believing that he would inject said drug to the danger of his life and subsequently K.B. did inject a quantity of (heroin) ... into his body and lapsed i ...
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The Tribunal found that under s44 of the ICSID Convention, it had power to allow non-parties to submit amicus curiae briefs and considered the criteria under which that power should be exercised.
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In a dispute relating to various patent, design and trade mark rights connected with a type of anti-colic baby bottles, it was held that the patent was invalid for obviousness, the copyright in the logo had been infringed by the UK corporate defendants’ acts of importing, possessing and distributing, and the UK corporate defendants had infringed the claimants’ trade mark and passed off their bottles as those of the claimants. It was appropriate to extend liability for copyright and trade mark i ...
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In analysing the Home Secretary’s approach when rejecting Parole Board recommendation on categorisation or transfer of mandatory life sentence prisoners, either he could accept the Parole Board's advice, save in exceptional circumstances, whether that advice is for or against transfer. Alternatively, he could look carefully and with due attention and with a questioning mind at every piece of advice, positive or negative, from the Board. It is not always the case, in relation to negative advice f ...
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The hearing officer had been correct to conclude that the registration of FRICTION MANAGEMENT SOLUTIONS, in respect of the provision of solutions to manage or control friction in industrial equipment, was precluded by s.3(1)(c) of the Trade Marks Act as being a term which objectively and specifically designated the kind and intended purpose of the services in the specification.
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An appeal was dismissed against a hearing officer’s decision to reject an opposition to the registration of STERISHIELD for paints, varnishes etc. The opposition was based on objections under s.3(1)(c) (descriptive of the goods) and s.5(2)(b) (similarity to the opponent’s mark STERISHEEN). The hearing officer had been entitled to conclude that STERISHIELD as a whole was not merely descriptive, and the hearing officer’s comparison of the two marks under s.5(2)(b) could not be faulted.
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Criminal - Preliminary Issues and Devolution Issue:- On 29 June 2007 the minuter, a 52 year old man, appeared at a preliminary hearing at Glasgow to answer an indictment in which there were four charges relating to indecency. The minuter raised preliminary issues within the meaning of section 79(2)(b) of the Criminal Procedure (Scotland) Act 1995 and a devolution issue within the meaning of schedule 6 to the Scotland Act 1998. The preliminary issues related to objections to the latitude of time ...
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