Case Summaries Up To January 2009
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By Claire Adams on 28/01/2009 11:24
In May 2001 at about 2pm, a crowd of demonstrators marched into Oxford Circus from Regent Street South. By the end of the afternoon some 3,000 people were within the Circus and several thousands more were gathered outside in the streets that lead into it. The appellant was among those who went to Oxford Circus as part of the crowd to demonstrate, but she was not one of the organisers. She was prevented from leaving the area by the police cordon for about 7 hours. In April 2002 she brought a cl ...
By Claire Adams on 21/01/2009 09:45
Adults who need special care and who receive personal care in their homes or who live in care homes, need to be protected from potential harm.  Accordingly, Part VII of the Care Standards Act 2000 provides that care workers employed in looking after such vulnerable adults may be placed on a list of people considered unsuitable to work with vulnerable adults.  The effect of listing is to deprive the care worker of his/her employment as a care worker and to prevent him/her from getting a ...
By Claire Adams on 10/12/2008 10:07
In July 2004 Mrs Carol Savage, who was suffering from paranoid schizophrenia, absconded from Runwell Hospital where she was being treated as a detained patient.  She then committed suicide by throwing herself in front of a train. Mrs Savage’s adult daughter, Miss Savage, brought the present proceedings alleging that the South Essex Partnership NHS Foundation Trust violated Mrs Savage’s art.2 Convention right to life by allowing her to escape from the hospital and kill herself. M ...
By Claire Adams on 12/11/2008 16:36
The essence of the appellant’s case is that the state and its emanation, the police force, failed to take appropriate steps to discharge their positive obligation under art. 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) to protect the appellant and her young daughter against the infliction upon them of inhuman and degrading treatment. It was also claimed that the police had discriminated against them in their handlin ...
By Euan A. Dow on 26/05/2005 23:00
Domestic and EU Legislation:
On his fishing boat and between 1986 and 1991 the pursuer carried monofilament gill nets contrary to the Inshore Fishing (Prohibition of Carriage of Monofilament Gill Nets) Order 1986. This order was subsequently revoked by the Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996 which replaced the blanket ban with a prohibition on the carrying ofmonofilament nets with a mesh size of less than 250 mm.The pursuer went to trial at Fort William Sheriff Court where he was acquitted by the ...
By Law Brief Publishing on 14/04/2005 00:00
A Member State is not obliged, when checking to ensure that the minimum wage is being paid to workers posted from another Member State, to take all allowances and supplements into account.
By Law Brief Publishing on 12/04/2005 00:00
The costs of medical treatment of a person holding forms E111 and E112 who, for urgent medical reasons, has to be admitted to hospital in a non-Member State must be borne, in accordance with its rules, by the social security institution of the Member State of stay on behalf of the institution of the Member State of affiliation
By Law Brief Publishing on 07/04/2005 00:00
According to Advocate General Poiares Maduro a group relief scheme which does not allow a parent company to deduct the losses of its subsidiaries established abroad under any circumstances is incompatible with Community law.
By Law Brief Publishing on 17/03/2005 00:00
Without being the owner of a trade mark, a third party may use it in order to indicate the intended purpose of a product which it markets. Such use must, however, satisfy the criterion of necessity and fulfil the condition of ‘honest practices in industrial and commercial matters’.
By Law Brief Publishing on 15/03/2005 00:00
Assistance covering maintenance costs of students falls within the scope of application of the EC Treaty for the purposes of prohibition of discrimination on grounds of nationality.
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