Current Awareness

Below is a list of the most recent articles posted by our members:

Credit Hire: Supreme Court Decision imminent in Copley v Lawn, Maden v Haller [2009] EWCA Civ 580 on whether the Defendants have permission to appeal notwithstanding the Claimants’ objections by Thomas Oxton 07/12/2009

Thomas Oxton
The outcome is expected shortly of the defendants’ petition for leave to appeal from the Court of Appeal to the House of Lords, now the Supreme Court, in the much celebrated case – from the Claimant’s perspective – of Copley v Lawn, Maden v Haller.
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Credit Hire: Defendants petition House of Lords in Copley v Lawn, Maden v Haller [2009] EWCA Civ 580 by Thomas Oxton 10/08/2009

Thomas Oxton
The defendants in Copley and Maden in late July lodged a petition for leave to appeal against the Court of Appeal’s judgment in June allowing the claimants’ appeals.
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Workers' Freedom of Association: Liberty to Associate, Strike and Organise by Gary Morton 17/07/2009

Gary Morton
Why are unions treated differently from other natural "corporations", i.e. churches, political parties, friendly societies, campaigning organisations, sports clubs, etc?
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FNM Corp Ltd v (1) Drammock Int Ltd (2) LEC (L'pool) Ltd, Ch Div (Arnold J), 15/06/09, [2009] EWHC 1294 (Pat) by Christy Rogers 15/07/2009

Christy Rogers
In this high court patent trial, the largely victorious defendants were represented by Matthew Kime of these chambers, led by Alastair Wilson QC. Of particular note in the judgment is a ruling on the new s.70(2A) of the Patents Act 1977, concerning threats made in relation to a patent found to be invalid. It was held that the patentee did not have “reason to suspect” that the patent was invalid, without specifically identified invalidating prior art being drawn to their attention in correspondence from the alleged infringer, prior to any of the threats. The take-home message for patent lawyers is that, in a dispute where an allegation of invalidity of the patent is likely to be raised, and where threats may be made, then it seems relevant pieces of prior art should be identified specifically to the other side at the earliest possible stage.
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The Liberty To Organise In Britain by Gary Morton 12/06/2009

Gary Morton
In 1974 the Conservative Government lost the general election and the Industrial Relations Act (IRA) 1971 was repealed by the incoming Labour Government. From 1979-97 the Conservative Government adopted a step by step approach to restructuring collective labour law. Over 18 years the Conservative Government embarked on a permanent revolution publishing 7 Green Papers, 6 White Papers, 1 Charter, revoked the 1946 House of Commons Fair Wages Resolution and the 1972 Industrial Relations Code of Practice, and enacted 9 Acts of Parliament. Statutory support for a liberty to organise ended in 1980 with the repeal of the statutory recognition procedure in the Employment Protection Act (EPA) 1975 and the passing of legislation making pre-entry and post-entry closed shops unlawful.
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