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Most recent case entries
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By Euan A. Dow on 19/12/2014 5:20 PM
Note of appeal against conviction:- On 12 February 2014, at Paisley High Court, the appellant was convicted after trial of a charge of murder and a charge of attempted murder. On 18 March 2014, the appellant was sentenced to life imprisonment with a punishment part of 18 years in respect of the murder charge and a concurrent sentence of 10 years in relation to the attempted murder charge. The appellant appealed against his conviction on the following ground:- “The trial judge erred in holding th ...
By Euan A. Dow on 19/12/2014 5:17 PM
Notes of appeal against conviction:- On 12 September 2013, following a trial on indictment at Glasgow Sheriff Court, the appellants were convicted of a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 and a contravention of section 16A of the Firearms Act 1968. The first appellant was granted leave to appeal on the following ground, which was also adopted by the second appellant:- “… on the evidence, the Sheriff erred in law in rejecting the Appellant’s su ...
By Euan A. Dow on 19/12/2014 5:15 PM
Appeal under section 65 of the Criminal Procedure (Scotland) Act 1995:- The appellant was indicted to Glasgow Sheriff Court on a charge of assault to injury and danger of life. On 15 August 2014 the sheriff granted a Crown motion to adjourn the trial of the appellant to 10 November 2014 and, in terms of section 65(3) of the Criminal Procedure (Scotland) Act 1995, extended the twelve month time bar. Here the appellant appealed against that decision to extend the twelve month time bar. It was subm ...
By Law Brief Publishing on 18/12/2014 11:38 AM
In patent infringement proceedings the court granted W, the patentee, a Norwich Pharmacal order requiring S to provide information about the identities of customers to whom S had supplied allegedly infringing wind turbines, so that W could invite them to be bound by the decision in the instant case or to be joined.
By Law Brief Publishing on 18/12/2014 11:37 AM
The Court of Appeal heard an appeal in a package holiday claim where the claimant consumer had slipped on some water on granite stairs at a hotel in Spain causing personal injury. At first instance it was found that the hotel had not exercised reasonable care and the defendant organiser was thereby liable for the injuries under the Package Travel, Package Holidays and Package Tours Regulations 1992. On appeal, the Court reiterated that the relevant standard of care by which the hotel was expe ...
By Law Brief Update on 18/12/2014 11:33 AM
Relief from sanctions was granted where earlier notification would not have altered the defendant's position as regards any potential settlement. Failure to notify in time had no serious or significant adverse effect.
By Law Brief Publishing on 18/12/2014 11:31 AM
The Claimants were long lessees of chalets owned by the Defendant lessors. Improvement works substantially increased the level of the lessees' service charge contributions. By virtue of Schedule 3 para. 6 of the leases, the lessors sought reimbursement through the service charge for pay and expenses of staff employed and fees paid to architects, agents, surveyors and solicitors employed in regard to the management of the estate. Paragraph 8 provided for payment of a 5% management charge. U ...
By Law Brief Publishing on 16/12/2014 10:35 AM
Following the judgment of the CJEU on questions referred, an appeal was allowed against the revocation of one of S's CTMs for non-use. The mark consisted of two shaded overlapping ellipses without any wording and without colour limitation. The court had to ask itself whether the differences between the form in which the mark had been used (with the word SPECSAVERS) and the form in which it had been registered changed the distinctive character of the latter. The evidence showed that the wordless ...
By Law Brief Publishing on 16/12/2014 10:33 AM
N's appeal was dismissed, upholding a summary judgment granting a declaration of non-infringement of N's patent by A's product, being a moulded plastic milk bottle. It was for the party claiming that the court was inadequately equipped to decide an issue of construction on a summary basis to identify the nature of the evidence which he proposed to adduce and to explain what bearing he expected the evidence to have on the issue of construction. N had not shown any basis on which to send the issue ...
By Law Brief Publishing on 16/12/2014 10:31 AM
The court applied two different approaches when assessing business interruption losses following a fire at a nightclub. It was inappropriate to consider figures for actual turnover after re-opening because it was effectively a new club and had benefitted from additional publicity in the interim.
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