![R (on the application of Pearce and others) v Parole Board for England and Wales [2023] UKSC 13 – UKSC Blog](https://s0.wp.com/i/blank.jpg "R (on the application of Pearce and others) v Parole Board for England and Wales [2023] UKSC 13 – UKSC Blog")
This appeal is concerned with the following questions: (1) When the Parole Board is deciding whether or not to direct the release of a prisoner on license, can it only take into account allegations if they are proved on the balance of probabilities? (2) Does the Parole Board’s “Guidance on Allegations” (the Guidance) misstate the law on this issue?
The Parole Board for England and Wales (“the Board”) is responsible for deciding whether or not to direct the early release of prisoners serving various categories of sentences of imprisonment. When making its decision, the Board must be satisfied that it…
In this post, Lisa Fox, a senior associate in the litigation team at CMS, previews the decision awaited from the Supreme Court in London Borough of Merton v Nuffield Health Ltd.
Factual Background
Nuffield Health acquired Merton Abbey (the “Premises”) on August 1, 2016, when it bought the business of Virgin Active. It applied to the London Borough of Merton (“Merton”) for mandatory and discretionary rate relief. The application for mandatory relief was initially granted (representing 80% of the rates otherwise payable). However, following a visit by Council officers in November 2016, Merton withdrew the relief on the basis that…
We are used to decisions about non-traditional trade marks not deserving protection in the European Union, leading to the inevitable conclusion that non-traditional trade marks can be difficult to register and keep on the register.
The recent McCain decision of the EU General Court seems to go in the opposite direction, providing some guidance on which proof of use will be sufficient for a non-traditional trade mark to stay on the EU register (see here).backgroundMcCain GmbH applied to register the below smiley potato chip shape (known as the Smiles) for “pre-fried potato croquettes and mashed potato products, deep-frozen” in…
Former Patriots cornerbacks Ty Law and Darrelle Revis always shared a special bond, coming from the same hometown. On Thursday, Law took part in giving Revis life-changing news that the Aliquippa, Pa., native will never forget.
Law, who was inducted into the Pro Football Hall of Fame in 2019, was videotaped telling Revis he was being elected into the 2023 Pro Football Hall of Fame.
The 30-second video clip, which was filmed for the NFL Network’s show ‘Hall of Fame Knocks: Welcome to Canton,’ depicts Law knocking on a door and saying three simple words to Revis: “Welcome to Cantonese.”…
Another unfavorable decision on non-traditional trade marks has landed, now in relation to Dior’s iconic Saddle bag. The EUIPO’s Second Board of Appeal decided that Dior’s Saddle bag is not distinctive with respect to handbags. The decision is seen as surprising yet not unpredictable, given the recent history of unsuccessful trade mark applications for 3D signs (for example, see our previous article on the Moon Boot case here).The Dior Saddle bag first appeared in the Spring 2000 ready-to-wear collection. The bag immediately became a much-wanted piece worn by many celebrities. After many years, it was brought back into the…
High-end outdoor clothing brand Patagonia Inc is taking on fast fashion retailer Gap for copying its “iconic” fleece jacket design. Patagonia Inc has filed court proceedings in the Federal Court.
In a complaint filed on 22 November 2022, Patagonia alleges that Gap willfully and deliberately copied the fleece design through the creation and sale of its “Mockneck Pullover” jackets, mimicking the flap pocket and rectangular logo of Patagonia’s classic “Snap-T” fleece jackets (shown below).Patagonia “Snap-T” Fleece PulloverGap ProductsImages taken from Patagonia website at URL: www.patagonia.com and GAP website at URL: www.gap.com.
A one star customer review of…
Hearings in the Supreme Court are now shown live on the Court’s website.
On Wednesday 11 January the Court will hand-down judgment in McCue (as guardian for Andrew McCue) (AP) v Glasgow City Council (Scotland) [2023] UKSC 1, on appeal from [2020] CSHI 51. The key issue concerns whether the Respondent’s charging policy for community care services is discriminatory. The Respondent, a local authority, has the power to charge for its services, although certain deductions may be applied to reduce the contribution payable. This appeal concerns the Respondent’s decision to allow only certain deductions together with the validity of the…
The report, released this week from the Clear Creek County Sheriff’s Office, includes 72 pages of documents surrounding the murder of 22-year-old Christian Glass in June of 2022.
Most of the documents are transcripts of the body camera footage from that night, which the public has had access to for months.
But the overarching conclusion from the reporting agency, Douglas County, was that former Clear Creek County deputy, Andrew Buen, acted against the policy as a law enforcement agent and failed Christian Glass that night he called 911 for help.
The report outlines the interviews Douglas County Sheriff’s Office did…
