Justices had been wrong to accept a defence of duress of circumstances in relation to an offence of driving with excess alcohol. Case remitted with recommendation to convict. The court did not have to resolve the question of whether or not the defence was available at the time he got into the car, as it was not available when he was stopped.
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Systems and Controls: The FSA fined Norwich Union Life £1.26 million for not having effective systems and controls in place to protect customers’ confidential information and to manage its financial crime risks.
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An appeal was allowed, reversing a hearing officer’s finding that an action for invalidation of two trade marks under s.47 TMA could not be pursued after the marks had already been revoked for non-use under s.46 TMA. The appointed person held that there remained a small risk that the proprietor of the revoked marks would rely on the registration of its marks during an earlier period to achieve some commercial end. S.47 concerned the position as at the date of application for the marks concerne ...
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The proprietor of the famous Lacoste crocodile logo appealed against a decision rejecting its opposition to the registration of the words THE DENTAL PRACTICE in colour underlined together with a crocodile device in green and white, for dentistry services, and was unsuccessful. Lacoste had not used its mark in relation to medical or dental services and, although the marks had a degree of visual similarity, the visual, aural and conceptual differences meant that there was no likelihood of confus ...
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Preliminary Hearing - Criminal Procedure (Scotland) Act 1995, section 275(1):- On 19 November 2007 the applicant was indicted to appear at a preliminary hearing at Edinburgh on the following charge:- "On 14 November 2006 at [address] you did assault T G, c/o Fife Constabulary, Kirkcaldy and did remove her trousers and pants, struggle with her, handle her breasts, push her onto a couch, hold her down, force her legs apart and you did rape her." An application under section 275(1) of the 1995 Act ...
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Criminal Trial:- The accused was indicted to the High Court in Dunfermline in respect of a contravention of the Criminal Law (Consolidation)(Scotland) Act 1995, Section 5(1), namely a charge of having unlawful sexual intercourse with a girl then under the age of thirteen years. At an earlier preliminary hearing the accused had tendered a plea of guilty as libelled as he accepted that intercourse took place on two occasions on the understanding that the complainer was aged 15 or 16. The Crown's c ...
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An appeal was dismissed against the rejection of an opposition to the registration of a coloured device mark NUTRILIFE for health products, by the proprietor of word-only NUTRILITE for the same goods. It was open to the hearing officer to find that the visual differences between the marks outweighed the aural similarities so as to avoid a likelihood of confusion.
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Criminal Note:- On 17 September 2007, after a high profile trial at the High Court in Glasgow, Mohammed Atif Siddique was found guilty by a jury of inter alia a contravention of section 57(1) of the Terrorism Act 2000. Following the verdict of the jury Siddique's agent, Aamer Anwar, made a statement on the steps of the High Court to the media in which he made a number of critical comments concerning the case including:- "...Today Mohammed Atif Siddique was found guilty of doing what millions of ...
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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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