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28 Sep 2011, 2:57 am by sally
Interflora Inc and another v Marks & Spencer plc (Case C-323/09); [2011] WLR (D) 281 “Article 5(1)(a) of First Council Directive 89/104/EEC and article 9(1)(a) of Council Regulation (EC) No 40/94 on the Community trade mark was to be interpreted as meaning that the proprietor of a trade mark was entitled to prevent a competitor from advertising on the basis of a keyword which was identical with the trade mark and which had been selected in an internet referencing service… [read post]
25 Oct 2010, 2:27 am by sally
O’Connell v Judicial Authority of Santa Cruz de Tenerife [2010] WLR (D) 26 “It was unjust or oppressive by reason of the passage of time, within the meaning of s 14 of the Extradition Act 2003, to order pursuant to a European arrest warrant the extradition of a person to serve the balance of a sentence of imprisonment after his sentence had twice been extended on appeal, rendering him unlawfully at large, where the requesting authority had without good reason… [read post]
11 Apr 2008, 1:47 am
Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290; [2008] WLR (D) 103 “The deportation of a foreign national on the ground that his presence was not conducive to the public good because he was a danger to the national security of the United Kingdom would breach that person's right to a fair trial under art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms if in the receiving state he… [read post]
13 Aug 2008, 8:35 am
Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57; [2008] WLR (D) 291 “The definition of ‘protected site’ in s 5(1) of the Mobile Homes Act 1983, in excluding gipsies from the protection of the Act, was incompatible with an occupier's right under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to respect for his home. [read post]
3 Dec 2023, 10:49 am by Eric Goldman
Nov. 30, 2023) The post Amazon May Be Liable for Merchant’s Spycam–M.S. v. [read post]
9 Aug 2010, 2:16 am by sally
BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others [2010] EWHC 2005 (Ch); [2010] WLR (D) 223 “The requirement in s 123(2) of the Insolvency Act 1986 to ‘[take] into account [the company’s] contingent and prospective liabilities’ when determining whether the value of the company’s assets was less than the amount of its liabilities could not require such liabilities to be aggregated at their face value… [read post]
1 May 2008, 2:25 am
R (Warden and Fellows of Winchester College and another) v Hampshire County Council [2008] EWCA Civ 431; [2008] WLR (D) 132 “The formal requirements governing the making of an application to modify a definitive map and statement under s 53(5) of, and para 3 of Sch 14 to, the Wildlife and Countryside Act 1981, which were contained in para 1 of Sch 14, had to be adhered to strictly. [read post]
28 Jan 2009, 2:54 am
R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) [2009] EWHC 106 (Admin); [2009] WLR (D) 25 “The decision to abandon a prosecution because of the victim's mental instability involved a misapplication of the Code for Crown Prosecutors, was irrational and was a violation of the victim's rights under art 3 of [...] [read post]
14 Sep 2012, 2:36 am by tracey
Secretary of State for Work and Pensions v Czop and another: (Joined Cases C-147/11 and C-148/11);   [2012] WLR (D)  264 “Article 12 of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community conferred on the person who was the primary carer of a migrant worker’s or former migrant worker’s child who was attending educational courses in the host member state a right of residence in that state,… [read post]
28 Mar 2012, 3:08 am by sally
British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2012] EWHC 694 (Comm) QB; [2012] WLR (D) 98 “Article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road, set out in the Schedule to the Carriage of Goods by Road Act 1965, restricted the courts where an action could be brought against a defendant, and the fact that… [read post]
27 Jun 2007, 1:28 pm
After the Supreme Court's March 27, 2007, decision in U.S. v. [read post]