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Where there’s a hit, there’s a writ

Heartbroken That’s presumably how the defendants must feel in the case of Henderson v All Around The World Recordings Ltd [2013] EWPCC 7 after Judge Birss QC, sitting in the Patents County Court last week, upheld a claim by the singer Jodie Aysha for a share in the royalties from her hit song of that Continue reading

An obvious observation about obviousness

The law of patents is not always patently clear, but one point is obvious. The question of obviousness is not one that admits of endless elaboration. It is, in fact, obvious. In a judgment handed down yesterday, MedImmune Ltd v Novartis Pharm… Continue reading

Court Napping

The news that a £12m drugs conspiracy trial had to be abandoned after a juror reportedly fell asleep will no doubt shock anyone who regards the right to a fair trial, derived from the Magna Carta of 1215, as an essential element of the “lamp that show… Continue reading

An unseemly turf war fought in a monstrous labyrinth

After the many children in need cases reported in recent years, including the trilogy of cases in last month’s PTSR, one might have thought that the courts had drawn the legal frontiers sufficiently clearly to eliminate funding disputes between publ… Continue reading

Children in need

This month’s edition of PTSR includes a trilogy of Court of Appeal decisions concerning various aspects of a local authority’s duties under the Children Act 1989 to children in need. All in the Public and Third Sector Law Reports, providing the best coverage of charity and public law cases. R (O) v East Riding of Continue reading

The Public and Third Sector Law Reports: January 2012

“a trust which excludes the poor from benefit cannot be a charity” This is but one of the many pearls to be discovered in the judgment of the Tax and Chancery Chamber of the Upper Tribunal, promulgated on 13 October 2011, on the meaning of public benefit in the Charities Act 2006and its relation to Continue reading

Judicious Reviewing

I’m reading a book For pleasure and profit The pleasure is variable The profit small I’m doing what’s called Reviewing” “Reviewing”, by Paul Magrath (from Pretext 6 (2002), ed DJ Taylor) As an occasional freelance book reviewer (and poet) this blogger has been following the Thornton v Telegraph Media Group Ltd litigation with more than Continue reading

Piracy in the Gulf between law and morality

In these morally muddied waters, there is no universally recognised principle of morality, no clearly identified public policy, no substantially incontestable public interest, which could lead the courts … to state that payment of ransom [to release cargo ships seized by pirates] should be regarded as a matter which stands beyond the pale, without any Continue reading