criminal law news
Damages when the software vendor doesn’t deliver – IPwars.com
The NSW Court of Appeal has upheld the decision to award damages for a defective computer system as the cost of replacement and also included a component for an employee’s time spent working on solutions for the problems. Some facts SEMF is an engineering and project management consultancy. In 2013, it engaged Renown to supply […]
Australian Prisons: Recent Statistics, Disturbing yet Legal Police Behavior
Unlawful Police Power, Going To Jail NSW And Over-Policing “Over-policing” of Aboriginal and Torres Strait Islander people is an issue that was highlighted by the Redfern Legal Center head of police accountability and government law, Samantha Lee. Ms Lee cited tougher bail laws, more police powers and the Suspect Targeting Management Plan (STMP), that’s unique […]
Social media law: What effect will new legislation have on social media platforms?
Often the rights of the individual are in direct opposition to the rights of the public. This issue was recently explored in the blog about Australian Prison surveillance. The further we delve into the question of what’s right, the more confusing this becomes, as what might be right legally may not be right from a […]
Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 – UKSC Blog
This appeal concerns the tort of private nuisance (a civil wrong) in the context of a major oil spill. The question at issue is whether there is a continuing private nuisance and hence a continuing cause of action. This is an important question because it affects when the limitation period for the bringing of claims […]
A Lidl Decision with big Implications – UK High Court Finds that Tesco’s Clubcard Logo Infringes Lidl’s logo
In a recent decision, the High Court of England and Wales has found that Tesco’s use of the yellow and blue Tesco Clubcard logos (reproduced below) infringed Lidl’s trade marks (see the relevant Lidl marks below) and also gave rise to copyright infringement and passing off. The supermarket chains have been in a battle over […]
This Week in the Supreme Court – w/c 24th April 2023 – UKSCBlog
On Tuesday 25th and Wednesday 26th April the Court will hear the case of Independent Workers Union of Great Britain v Central Arbitration Committee and anotheron appeal from [2021] EWCA Civ 952. The Court will consider whether the CAC’s refusal to accept the Union’s application to be recognized by Deliveroo for collective bargaining interfere with […]
CJEU Paves the way for Red-Soled Heels to Widen the Scope of Liability of E-Commerce Platforms
A recent preliminary ruling by the Court of Justice of the European Union (“CJEU”) in the joint case (C-148/21 and C-184/21) between a luxury fashion brand known for its signature red-soled heels Christian Louboutins and an e-commerce giant Amazons might mark a start of an era of increased accountability of marketplaces in relation to listings […]
McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) – UKSCBlog
This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended. In Montgomery v Lanarkshire Health Board [2015] UKSC 11 (“Montgomery”), the Supreme Court held that a doctor is […]
This Week in the Supreme Court – w/c 10th July 2023 – UKSCBlog
Hearings in the Supreme Court are now shown live on the Court’s website. On Wednesday 12th July the Court will hand-down two judgments: Philipp v Barclays Bank UK PLC [2023] UKSC 25. The Court will determine three questions, (1) Does the Quincecare duty have any application in a case where the relevant payment instruction was […]
R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others [2023] UKSC 24. – UKSC Blog
W80, an armed police officer, shot Jermaine Baker dead in a police operation. Mr Baker was implicated in a plot to snatch two individuals from custody. The police had intelligence that the plotters would be in possession of firearms. W80’s account was that during the intervention, Mr Baker’s hands moved quickly up to a shoulder […]