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Interesting Cases

sickie

The Sun’s Out – Thinking of Pulling a Sickie?!

So after a heavy weekend with lots of socialising with friends and a couple of glasses of wine, the thought of facing 100 unread emails as you wake up on Monday morning may be a little too much; you call your boss and tell him that you couldn’t possibly come in as you’ve got this […]

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chocolate

How distinctive is a KitKat?

Everyone loves chocolate. Now it looks as though Nestlé may face competition in the chocolate wafer bar stakes as they have lost a bid to trademark their four-fingered KitKat in the UK. Nestlé’s attempt follows on from Cadbury’s efforts to trademark the colour purple. Needless to say the courts didn’t rule in favour of Cadbury’s […]

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shutterstock_150779738 2 copy

Invitations to a treat or a binding contract?

The bill sent to the parents of a child who didn’t attend his friend’s birthday party has made the headlines this week. It sparked some interesting debate in our office about children’s parties, and about the nature of contractual obligations. The conversations about parties were mainly of an anecdotal nature, and not entirely appropriate for […]

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property.1

Keep off my property!

As an old proverb implies, your home is your castle. It is your security and your shelter, and probably, the biggest investment you will ever make. Your clear and absolute ownership of your property is vital and is currently protected by Her Majesty’s Land Registry. Land registration establishes absolute proof of ownership. This streamlines the […]

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Macnamara King cameras in court

Cameras in Court – should the English courts learn from Pistorius’ trials?

Oscar Pistorius’ week long bail application ordeal last week quite rightly received a lot of media coverage.  It also puts into question whether plans to allow cameras in court are a good idea at all. In England and Wales the debate over whether cameras should be allowed in court has run for many years and, […]

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MacNamara King Mouse Roars

Strict liability: tyres burn and mice roar

Strict liability has popped up again in the legal news. I recently wrote about the announcements regarding strict liability with regard to health and safety.  Stannard v Gore is a recently reported case about strict liability where there has been damage to land and property. The claim in Stannard v Gore was about a faulty wire at a tyre installation […]

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MacNamara King Private Gardens

For sale: £6.8million property. Might not have a garden.

The recently reported case of Hermann v Withers is an interesting insight into the choices people make and how bloody minded litigants and lawyers can become. Legal commentators are pointing out the significance of the costs orders made in the case and the principle that claimants should always look to mitigate their losses.  This is […]

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macnamarakingpennies

Court decides accountant was right to reject a pile of cash

If you ever find yourself daydreaming about amusing ways to exact revenge, be careful.  Your victim and the courts may have a sense of humour failure (or you may just not be that funny).  The consequence for Mr Fitzpatrick was that he, quite literally, lost a pile of cash. Mr Fitzpatrick was a client of Phillip […]

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macnamarakingip

The Courts only Ben Dover after careful consideration

It’s an easy headline to write – court backs porn mogul in his claim against an Internet Service Provider and orders the release of subscriber’s personal, private information. The war between copyright owners and file sharing (or peer to peer sharing) individuals has been waging for a few years.  Internet Service Providers (ISP) find themselves […]

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MacNamara King small parsnip

‘The rule of law is a fine concept but fine words butter no parsnips’

The Guardian has been happily tubthumping about its victory for ordinary citizens (oh, and the media) in the rather grandly titled The Queen on the application of Guardian News and Media Limited v City of Westminster Magistrates’ Court [2012] EWCA Civ 420 (reported here.)  I just like the case because of Lord Justice Toulson’s opening […]

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