In Practice | Law Gazette
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Injunction to prevent ‘defamatory’ employment tribunal evidence refused
The High Court recently refused (among other things) to grant an interim injunction in libel and harassment to a former council employee, Ayodele Adele Vaughan (the claimant) concerning evidence she anticipated being given in forthcoming employment tribunal (ET) proceedings.
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Statutory wills
In a very helpful judgment, Behrens J reviewed the recent decisions on statutory wills and produced a summary of how to make a decision that is in P’s best interests, in the context of a statutory will.
The statutory provisions
The law is straightforward. Under section 1(5) of the Mental Capacity Act 2005 any decision made for a person, P, who lacks capacity must be made in his best interests.
Section 4 expands on the concept of ‘best interests’ referred to in section 1(5). It provides (so far as relevant):
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Copyright
Infringement – Photograph
Sheldon v Daybrook House Promotions Ltd: Patents County Court: 8 May 2013
The claimant, a professional photographer, brought a claim for infringement of copyright against the defendant for the alleged unlicensed use of a photograph taken by the claimant of American pop star, 'Ke$ha' and the group 'LMFAO'. A preliminary issue arose as to the level of damages likely to be awarded if the claim succeeded. The claimant contended that it would be more than £5,000 as so should be dealt with in the multi-track procedure of the Patents County Court (PCC) and not the small claims track. The PCC held that, given the renown of the artists and the exclusivity of access in respect of the photographs, the correct measure of damages was £5,682.37.
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Patent
Petition for revocation – Obviousness
Phil & Ted's Most Excellent Buggy Company Ltd v TFK Trends for Kids GMBH and others: Patents County Court: 8 May 2013
The Patents County Court considered a dispute between two sellers of buggies used to move young children. The claimant commenced proceedings for unjustified threats and a claim for revocation in the ground that the defendant's patent was invalid. The court considered, among other things, three related patents. The court held that the defendant's patent was invalid for obviousness, against an earlier Chinese patent.
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Criminal law
Defendant appealing – Whether judge erring in admitting surveillance evidence at trial
R v Turner: Court of Appeal, Criminal Division: 8 May 2013
The defendant had been convicted of the murder of his girlfriend after the use of covert surveillance provided evidence of significant admissions made by the defendant of his responsibility for her death. He was subsequently sentenced to life imprisonment with a minimum term of 16 years. He appealed against conviction and sentence. The Court of Appeal, Criminal Division dismissed both appeals rejecting the defendant's submissions that the covert surveillance evidence should not have been admitted into evidence at the trial and that the minimum term of the sentence had been imposed unjustifiably.
Out-Law News
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Commission repeats calls for carbon market reform as surplus allowances double
The number of surplus carbon permits under the European Union's Emissions Trading System (EU ETS) doubled to two billion last year, the European Commission has announced. -
M&S infringed Interflora trade marks in keyword adverts by not clearly distinguishing origin of promoted services, rules High Court
Marks & Spencer (M&S) infringed the trade marks of a flower delivery company when it bought keyword terms sold by Google that referenced the flower company and advertised its own flower service on the back of them, the High Court has ruled. -
Government sets out detail of changes to taxation of limited liability partnerships
Changes to the way in which limited liability partnerships (LLPs) are taxed will "level the playing field in the tax treatment of all partnerships", the Government has said. -
Westminster approves Grosvenor Gardens House plans
Westminster City Council's planning applications sub-committee has resolved to grant planning permission for the redevelopment of Victorian mansion block Grosvenor Gardens House into 42 luxury flats. -
Fulham Town Hall to be transformed to shopping arcade
Hammersmith and Fulham Council has exchanged contracts with US retail and leisure group Dory Ventures for the sale of Fulham Town Hall on Fulham Broadway.
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