Uk Supreme Court Court June 2012 Judgments
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Oracle America Inc (Formerly Sun Microsystems Inc) Vs. M-tech Data Lim ...
Court: UK Supreme Court
Decided on: Jun-27-2012
LORD SUMPTION (with whom Lord Walker, Lord Clarke, Lord Reed and Lord Carnwath agree) 1. This is another case arising out of the economically controversial but legally well-established policy of the EU relating to parallel imports of genuine goods bearing registered trade marks. Broadly stated, the question at issue is whether a person who has imported goods bearing the mark into the EEA and offered them for sale there without the consent of the trade mark proprietor, is entitled to defend an action for infringement on the ground that the proprietor of the mark is engaged in conduct calculated to obstruct the free movement of such goods between member states or to distort competition in the EEA market for them. 2. Ever since the Trade Marks Act 1994 gave effect in the United Kingdom to directive 89/104/EC, the rights of proprietors of registered trade marks have been governed by a uniform scheme of EU law. That directive has now been replaced by the current directive 2008/95/EC, but th...
Fairclough Homes Limited Vs. Summers
Court: UK Supreme Court
Decided on: Jun-27-2012
LORD CLARKE, DELIVERING THE JUDGMENT OF THE COURT Introduction 1. This is the judgment of the Supreme Court. The principal issues in this appeal are whether a civil court ("the court") has power to strike out a statement of case as an abuse of process after a trial at which the court has held that the defendant is liable in damages to the claimant in an ascertained sum and, if so, in what circumstances such a power should be exercised. The driving force behind the appeal is the defendant's liability insurers, who say that fraudulent claims of the kind found to exist here are rife and should in principle be struck out as an abuse of the court's process under CPR 3.4(2) or under the inherent jurisdiction of the court. The facts and judgment at first instance 2. The claimant was born on 16 June 1976. On 13 May 2003, while employed by the defendant, he was injured in an accident at work. He fell from a stacker truck and suffered both a fractured scaphoid bone in his right hand and a commi...
Hh and Others Vs. Deputy Prosecutor of the Italian Republic, Genoa and ...
Court: UK Supreme Court
Decided on: Jun-20-2012
LADY HALE 1. We have before us two cases under the Extradition Act 2003 involving the parents of young children. In one, an Italian court has issued a European Arrest Warrant (EAW) in respect of both parents of three children now aged 11, 8 and 3, the parents having been convicted of a series of drug trafficking offences. The parents are both British nationals. In the other, a Polish court has issued EAWs in respect of the mother of five children aged 21, 17, 13, 8 and 3, who is accused of offences of dishonesty. The parents are both Polish nationals who have been living here since 2002, after the alleged offences were committed. No-one seriously disputes that the impact upon the younger children of the removal of their primary carers and attachment figures will be devastating. The issue is the relevance of their interests in the extradition proceedings. 2. The question certified by the Administrative Court in each of the two cases before us is as follows: "Where, in proceedings under...
Bh (Ap) and Another Vs. the Lord Advocate and Another
Court: UK Supreme Court
Decided on: Jun-20-2012
LORD HOPE (with whom Lady Hale and Lord Kerr agree) 1. The question in this case is whether the appellants BH ("Mr H") and his wife KAS or H ("Mrs H") should be extradited to the United States of America to face trial in Arizona. The United States has requested their extradition under the Extradition Act 2003 on charges of conspiracy and unlawful importation into the United States of chemicals used to manufacture methamphetamine, knowing or having reasonable cause to believe that they would be used for that purpose. If they were the only persons whose interests had to be taken into account, the answer to be given to this question would have been relatively straightforward. The crimes of which they are accused are very serious, and the public interest in the honouring of extradition arrangements for the prevention and punishment of crime is compelling: Norris v Government of the United States of America (No 2) [2010] UKSC 9, [2010] 2 AC 487. But the persons whose interests must be take...
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