Archive for the ‘Case Reports’ Category

Insurance Law: BAI (Run Off) Ltd v Durham & Ors (SC) 28/3/12

Employers’ liability insurance policies covering employers for disease contracted or injury sustained during the relevant insurance period covered cases where mesothelioma was caused, not only when the disease manifested itself. The negligent exposure of an employee to asbestos could be described as having a sufficient causal link with subsequently arising mesothelioma. Share this article:

May 18, 2012   Posted in: Case Reports  No Comments

Intellectual Property Law: Comic Enterprise Ltd v Twentieth Century Fox Film Corp, Ch Div (Judge Birss QC), 22/3/12

T’s application to transfer a claim from the PCC to the High Court was granted. C was an SME which ran comedy venues and owned the trade mark THE GLEE CLUB. T produced the hit TV programme “Glee” and had registered a number of CTMs for GLEE. The court found that the claim was of [...]

May 17, 2012   Posted in: Case Reports  No Comments

Employment Law: Horwood v Lincoln County Council, EAT

When an employee unequivocally resigns on one date, with immediate effect, and her employer subsequently informs her that her resignation is to be taken as commencing on a later date, the effective date of termination (“EDT”) is the former date, i.e. the date that the employee resigns. The EAT observed that the EDT is not [...]

May 11, 2012   Posted in: Case Reports  No Comments

Intellectual Property Law: Merck Sharp Dohme Corp & Anr v Teva Pharma BV & Anr, Ch Div (Judge Birss QC), 15/3/12

M’s application was granted for an injunction restraining T from infringing its European patent pending trial. The patent for an anti-retroviral drug was due to expire in August 2013 and the SPC in November 2013. T had obtained a marketing authorisation for a generic form of the drug and refused to provide an undertaking not [...]

May 10, 2012   Posted in: Case Reports  No Comments

Employment Law: Johnson Controls v UK Atomic Energy Authority, EAT

When the service is conducted in a fundamentally or essentially different manner following the changeover, there is no service provision change under Reg 3(1)(b) of TUPE, but this is a question of fact in each case and requires an holistic assessment by the employment tribunal. The claimant was a taxi administrator employed by Johnson Controls, [...]

May 4, 2012   Posted in: Case Reports  No Comments

Intellectual Property Law: Regeneron Pharmaceuticals Inc & Anr v Genentech Inc, Ch Div (Floyd J), 22/3/12

G’s patent, concerning the use of therapeutic agents to treat non-cancerous diseases by preventing angiogenesis, was valid and infringed by R’s product. “Obvious to try” played a part in the assessment of obviousness in certain cases; however it had to be obvious to try the invention, not merely obvious to embark upon a research programme [...]

May 3, 2012   Posted in: Case Reports  No Comments

Regina -v- Brough [2011] EWCA Crim 2802

The Applicant was committed for trial to the Crown Court in respect of an allegation of dangerous driving. On the day the Applicant was due to stand trial the Prosecution offered no evidence and a not guilty verdict was recorded. On the same day the Crown Court exercised its powers pursuant to the Protection from [...]

April 26, 2012   Posted in: Case Reports  No Comments

Regina -v- Sardar [2012] EWCA Crim 134

The Appellant, who was 25 years of age, was found guilty of an offence of rape upon a 16 year old girl he had never met before. At the trial the issue was consent. At the end of the case the jury retired with the transcript of the Complainant’s achieving best evidence (hereinafter ‘ABE’) interview. [...]

April 20, 2012   Posted in: Case Reports  No Comments

Novartis Pharmaceuticals UK Ltd v Medimmune Ltd & Anr, Ch Div (Arnold J), 10/2/12

An SPC obtained by M in respect of a patent concerning antibody phage display was invalid. The SPC identified a product, ranibizumab, as a product obtained by a process which infringed the patent. The test laid down by the CJEU required the product to be specified or identified in the wording of the claims, which [...]

April 19, 2012   Posted in: Case Reports  No Comments

Regina -v- Dudley [2011] EWCA Crim 2805

The Police detected a gang transporting cocaine from Coventry to Torquay. The Appellant was the courier and in due course he pleaded guilty to an offence of conspiracy to supply a controlled drug of Class A. The Appellant entered his plea on a basis which was not acceptable to the Prosecution. A number of co-Defendants [...]

April 13, 2012   Posted in: Case Reports  No Comments