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Defamation claims can’t proceed to trial if damage is marginal – Kaschke v Osler, High Court

24 May 2010 | Paul Gershlick

This was a case where Kaschke sued Osler for comments that Osler had made about Kaschke on Osler’s blogs. Kaschke claimed that they were defamatory. Osler applied to strike the claim out as an ‘abuse...

Tags on this discussion: abuse of process Court of Appeal defamation High Court Jameel Kaschke libel New York Times Online Osler web site

Was there an oral agreement to vary the terms of a guarantee?

19 May 2010 | Karen Jacobs Comments Off

The Court of Appeal held that on the facts of this case it was always contemplated that the guarantors would obtain legal advice before they signed the guarantee. This would be a pointless provision...

Tags on this discussion: banking banks Court of Appeal guarantee

Court of Appeal victory for price comparison websites

28 April 2010 | Shimon Shaw

Two companies operated websites, by which prospective customers were provided with a 'comparison service' for insurance cover from various insurers. They received commission from the insurers to whom they...

Tags on this discussion: Court of Appeal Digital Economy Bill HMRC Insurance Intellectual property tax Taxation VAT Website

Buxton v Mills-Owens – one for the lawyers

12 March 2010 | Amanda Melton

Ever been forced to argue an unrealistic case ("doomed to disater" or "bound to fail") to conclusion by a client who seems to have lost the plot? An article in the Law Society's Gazette (3 March 2010,...

Tags on this discussion: Court of Appeal Lord Dyson Solicitors Code of Conduct solicitors retainer

Limitation Act and mortgage debt

11 March 2010 | Clare Stothard

This judgment highlights that where a borrower makes repayments albeit for a very small amount, this will ensure that time starts to run each time the part payment is made and so prevents a claim for...

Tags on this discussion: banking banks Court of Appeal Litigation

Own name defence to registered trade mark infringement applies to trading as well as corporate names, but use must be honest – Hotel Cipriani v Cipriani (Grosvenor Street) Ltd, Court of Appeal

4 March 2010 | Paul Gershlick

HC – which owned hotels under the name ‘Cipriani’ in Italy, Portugal and Madeira - has won in its trade mark infringement action against the owners of a restaurant that called itself ‘Cipriani...

Tags on this discussion: brand brand protection Court of Appeal honest practices Intellectual property intellectual property rights own name trade mark trade mark infringement

Material hosted on US server broke English criminal law – R v Sheppard and Whittle, Court of Appeal

18 February 2010 | Mark Weston

People could be convicted of criminal offences under English laws despite their material being published in a US server, the Court of Appeal has ruled. The defendants had been involved with writing or...

Tags on this discussion: Court of Appeal criminal law cross-border jurisdiction server

Wheels fall off bike chain business’s ad campaign for wrongly suggesting endorsement of Olympic winner

10 February 2010 | Paul Gershlick

A bike chain manufacturer has been rebuked by the Advertising Standards Authority for misleading people into thinking that an Olympic medal winning cyclist had endorsed their products when she had not....

Tags on this discussion: Advertising Standards Authority ASA CAP code consent Consumer Protection from Unfair Trading Regulations Court of Appeal image rights misleading advertising

Exploring a bank’s suspicions of money laundering

9 February 2010 | Steven Mills Comments Off

The Proceeds of Crime Act 2002 (“the Act”) provides obligations on a bank to notify the authorities if they suspect a customer of money laundering. As the Court of Appeal noted, a bank is in the...

Tags on this discussion: banking banks Court of Appeal money laundering

Court of Appeal asks European Court of Justice to rule on lawfulness on seizing counterfeit goods coming through EU in transit only – Nokia v HMRC, Court of Appeal

28 January 2010 | Paul Gershlick

Nokia has persuaded the Court of Appeal to ask the European Court of Justice to answer questions surrounding the seizure of counterfeit goods which are passing through the EU in transit only. Under EU...

Tags on this discussion: counterfeit Court of Appeal European Court of Justice European Union infringement Intellectual property intellectual property rights seizure trade mark trade mark infringement

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Latest news and views tagged Court of Appeal

Defamation claims can’t proceed to trial if damage is marginal – Kaschke v Osler, High Court

Was there an oral agreement to vary the terms of a guarantee?

Court of Appeal victory for price comparison websites

Buxton v Mills-Owens – one for the lawyers

Limitation Act and mortgage debt

Own name defence to registered trade mark infringement applies to trading as well as corporate names, but use must be honest – Hotel Cipriani v Cipriani (Grosvenor Street) Ltd, Court of Appeal

Material hosted on US server broke English criminal law – R v Sheppard and Whittle, Court of Appeal

Wheels fall off bike chain business’s ad campaign for wrongly suggesting endorsement of Olympic winner

Exploring a bank’s suspicions of money laundering

Court of Appeal asks European Court of Justice to rule on lawfulness on seizing counterfeit goods coming through EU in transit only – Nokia v HMRC, Court of Appeal

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