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Most recent case entries
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By Euan A. Dow on 16/09/2014 11:53 AM
Appeal by stated case:- On 21 January 2014 at Paisley Sheriff Court the appellant was convicted after trial on summary complaint of a contravention of section 3(1) of the Dangerous Dogs Act 1991 as amended by section 10 of the Control of Dogs (Scotland) Act 2010. On 28 February 2014 the sheriff ordered the appellant to be disqualified from having custody of a dog for a period of one year, to pay a compensation order of £90 to Vivienne Wallace, the female who was bitten by the dog, to pay a fine ...
By Euan A. Dow on 16/09/2014 11:49 AM
Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellant has been indicted for trial at Livingston Sheriff Court on a charge of embezzling £85,000 by obtaining a mandate to operate the bank accounts of James McCue and Janet McQue and transferring money from those accounts to his own account. The appellant raised 3 preliminary issues which were refused by the sheriff following which leave to appeal was granted:- (1) a plea in bar of trial based upon the delay in the p ...
By Euan A. Dow on 16/09/2014 11:44 AM
Crown appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- The accused appeared on summary complaint at the District Court in Dundee in relation to a charge of speeding. The accused challenged the relevancy of the complaint. He contended that:- (i) the Perth-Dundee Trunk Road (A972) (Kingsway, Dundee) (50mph Speed Limit) Order 1989 under which the prosecution was brought was invalid since the A972 had been replaced by the A90; (ii) the 1989 Order contained so many errors and ...
By Law Brief Publishing on 15/09/2014 10:56 AM
Following a decision that S had not infringed Ds' patent for an induction heating unit for hair rollers, and a finding that Ds had made actionable threats, damages in respect of the threats were assessed.
By Law Brief Publishing on 15/09/2014 10:55 AM
Summary judgment was granted in a claim for a declaration of non-infringement of N's patent for a plastic bottle design. The patent was a simple one and N's suggestion that expert evidence was needed was simply an attempt to postpone the decision.
By Law Brief Publishing on 10/09/2014 11:14 AM
In construing the terms of a collateral management agreement the court should test any interpretation against the commercial consequences, even where the terms of a clause were clear and unambiguous. Where a clause provided that there should be re-investment of unscheduled principal proceeds only where the senior notes "have not been downgraded below their initial ratings", the downgrading of the initial notes followed by a subsequent upgrade to their initial status meant that there could be re- ...
By Law Brief Publishing on 10/09/2014 11:12 AM
Following a preliminary ruling by the CJEU, the court refused to grant a declaration that a patentee H was not entitled to a supplementary protection certificate in respect of an antibody tabalumab. E claimed that tabalumab was not protected by the basic patent within the meaning of Regulation 469/2009 art.3(a) because it was not structurally defined in the patent. The court referred questions on the interpretation of that provision but the CJEU did not give express guidance as to what was meant ...
By Law Brief Publishing on 10/09/2014 11:10 AM
A sum advanced in anticipation of trading on insider information could be recovered despite the illegality of the arrangement. The agreement had not been fulfilled.
By Law Brief Publishing on 10/09/2014 11:08 AM
Santander made a number of applications for Norwich Pharmacal orders to obtain the identity of beneficiaries who received payments that were made electronically into the wrong bank accounts of different banks. Santander had no other option but to pursue the beneficiary banks for the mistaken payments. The Supreme Court had to balance the rights and interests of the applicant to disclose personal data under the Norwich Pharmacal orders and the need to balance an individual's rights under the Char ...
By Law Brief Publishing on 10/09/2014 11:02 AM
A right contained in a joint life insurance policy to have a death benefit brought forward in the event that one of the insured suffered a terminal illness was contingent on a claim being made. Thus where one of the insured had died following a terminal illness, but without making a claim under the policy for the purposes of her estate the trust value of the proceeds of the policy was assessed at nil.
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