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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Sector-focused industrial strategy vital for economic growth, says CBI's John Cridland
The Government must focus on the creation of a sector-focused industrial strategy, the head of an influential business lobby group has said. -
MEPs want to ban firms based in tax havens from winning public contracts or receiving state aid
Companies should be banned from bidding for public sector contracts or benefiting from state aid if they base themselves in blacklisted tax havens, MEPs have said. -
HCA investment to kickstart 5,500-home Devon market town
The Homes and Communities Agency (HCA) will invest £32 million to unlock the development of new town Sherford near Plymouth, Housing Minister Mark Prisk has announced. -
Brent approves £150m Oriental City redevelopment
Brent Council's planning committee has resolved to grant planning permission to Development Securities (DS) for a mixed-use regeneration scheme at 399 Edgware Road in north west London. -
Westminster residents back £200m regeneration scheme
Residents in the London Borough of Westminster have voted in favour of redevelopment proposals for the Ebury Bridge Estate in Pimlico and Church Street in Marylebone as part of the Council's housing renewal programme.
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