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1 Dec 2008, 11:00 am
The House of Lords in Erven Warnink v Townend provided a remedy of extended passing-off in order to prevent the defendant selling as "Old English Advocaat" a drink that may have been English but which was neither old nor advocaat. [read post]
26 Nov 2008, 10:19 am
Kay (Fc) V Commissioner of The Police of The Metropolis Appellate Committee Lord Phill [2008] UKHL 69 (26 November 2008) R (On The Application of Jl) V Secretary of State For Justice Appellate Committee Lord [2008] UKHL 68 (26 November 2008) Source: www.parliament.uk [read post]
25 Nov 2008, 4:17 pm
On this last point Lord Justice Rix did not agree. [read post]
23 Nov 2008, 10:32 pm
What puzzles me slightly, particularly given the stated aim of consistency, is the difference in approach to that of Boss Holdings Ltd v Grosvenor West End Properties Ltd [2008] 1 WLR 289 (which I briefly discussed here). [read post]
19 Nov 2008, 10:04 am
E v Chief Constable of the Royal Ulster Constabulary and Another House of Lords “The positive obligation imposed on the state by article 3 of the European Convention on Human Rights to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified and absolute. [read post]
14 Nov 2008, 11:20 am
Wathne's favor . [7]On December 7, 2007 the Defendant entered into an agreement with the United States and agreed to return to voluntarily return to the United States, "on the condition that the United States agrees that he shall retain any and all rights he may have possessed under the Extradition treaty. [read post]
14 Nov 2008, 9:50 am
Zalewska v Department for Social Development House of Lords “The United Kingdom's decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic, known collectively as the A8 states, to those who had worked an uninterrupted 12 months in employment registered with the Home Office was not incompatible with European Union law. [read post]
13 Nov 2008, 6:14 pm
As Lord Hope stated at [31]: The principle of proportionality requires that the means employed to achieve an aim recognised by Community law as legitimate correspond to the importance of that aim and are necessary for its achievement. [read post]
10 Nov 2008, 10:39 pm
In this case, it was Hirst v UK (No2). [read post]
7 Nov 2008, 4:09 pm
Central to the case was whether the House of Lords decision in Runa Begum v Tower Hamlets LBC [2003] UKHL 5 covered the issue and whether Runa Begum should be viewed differently in the light of Tsfayo. [read post]
6 Nov 2008, 1:08 pm
Court of Appeal (Civil Division) Tariquez-Zaman v London Deanery of Post Graduate Medical and Dental Education [2008] EWCA Civ 1226 (06 November 2008) PS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1213 (06 November 2008) SK (Zimbabwe) v Secretary of State for the Home Department [2008] EWCA Civ 1204 (06 November 2008) Blackburn & Anor v West Midlands Police [2008] EWCA Civ 1208 (06 November 2008) RA (Sri… [read post]
6 Nov 2008, 5:48 am
Justice V. [read post]
5 Nov 2008, 10:42 am
Helow v Secretary of State for the Home Department and Another House of Lords “A judge's membership of a Jewish association whose magazine had expressed partisan views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to have raised the possibility of bias and want of impartiality when determining an immigration appeal by a Palestinian activist. [read post]
4 Nov 2008, 6:11 pm
R (RJM) (FC) v Secretary of State for Work and Pensions [2008] UKHL 63 This House of Lords judgment is now just under two weeks old, but I think it is still worthy of comment here. [read post]
2 Nov 2008, 1:58 pm
Cape Industries plc., and on an observation by Lord Keith in the House of Lords decision in Woolfson v. [read post]
27 Oct 2008, 2:26 pm
The IPKat hadn't forgotten the patent decision last week of the Court of Appeal (England and Wales) in Thorn Security Ltd v Siemens Schweiz AG [2008] EWCA Civ 1161 but there have been so many exciting distractions that he just hadn't got around to posting anything about it yet. [read post]
27 Oct 2008, 10:53 am
Regina (RJM) v Secretary of State for Work and Pensions House of Lords “The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within article 14 of the European Convention on Human Rights but was lawful as it could be justified on policy grounds. [read post]
24 Oct 2008, 9:08 pm
The House of Lords has just released a judgment, Em (Lebanon) (Fc) (Fc) v. [read post]
24 Oct 2008, 8:31 am
EM (Lebanon) v Secretary of State for the Home Department House of Lords “The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom's obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country. [read post]
23 Oct 2008, 8:50 am
Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) House of Lords “Prerogative orders made by the Queen in Council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful. [read post]
