LG Law and Practice diploma

first_img Roger Morris, chair of the diploma board of the Law Society Sowerby, Helen Cumbria County Council 74 85 63 74.0 70 73.0 Pass (Dip LG) The Law Society’s Diploma in Local Government Law and Practice: graduates 2008/9 Smedegaar, Steen The London Borough of Islington 84 65 82 77.0 63 73.5 Pass (Dip LG) Name Butler, Anthony The Council of the Borough of Torbay 83 63 65 70.3 65 69.0 Pass (Dip LG) Sparrow, Tina West Lancashire 67 74 58 66.3 60 64.8 Pass (Dip LG) Proj 1 Donnelly, Frances Merthyr Tydfil CBC 67 64 56 62.3 64 62.8 Pass (Dip LG) Proj 3 Gill, Sunita Birmingham City Council 53 64 45 54.0 63 56.3 Pass (Dip LG) Exam 2009 2008 / 2009 Jones, Rachel London Borough of Harrow 56 55 51 54.0 61 55.8 Pass (Dip LG) Overall Avg. Congratulations from the board to this year’s successful candidates and prizewinners. The diploma celebrates its 25th anniversary in 2009, and several hundred solicitors have earned the highly respected “Dip. L.G.” letters after their names over that time. The course lasts for nine months, counts for CPD points, and consists of writing three substantial projects and an open-book examination. Those interested should contact Carol Witts at the College of Law.’center_img Eccles,Caroline London Borough of Harrow 85 72 80 79.0 62 74.8 Pass (Dip LG) Authority / Firm Proj 2 Proj Avg. Candidate information Matthews, Di Nottingham City Council 50 59 46 51.7 63 54.5 Pass (Dip LG) Pearce, Mark William Kerrier District Council 63 74 53 63.3 61 62.8 Pass (Dip LG) Oxnard, Catherine Cumbria County Council 81 75 50 68.7 66 68.0 Pass (Dip LG) Hull, Lynn Southampton City Council 69 45 46 53.3 63 55.8 Pass (Dip LG) Hooley, Joanne Forest Heath District Council 55 61 46 54.0 60 55.5 Pass (Dip LG) Turner,Simon Stafford Borough Council 75 65 72 70.7 62 68.5 Pass (Dip LG) Result Choudhury, Abdus Kent County Council 65 65 50 60.0 67 61.8 Pass (Dip LG) Coyle, Helen The London Borough of Islington 65 66 68 66.3 66 66.3 Pass (Dip LG)last_img read more

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Intellectual property

first_imgGoodwill – Misrepresentation – Passing off – Vacuum cleaners The claimant company (N) issued proceedings against the defendant company (Q), alleging passing off. N manufactured successful ranges of vacuum cleaners for commercial and domestic use, the best known of which was the Henry, consisting of a tub-type construction with domed black lid (which some people recognised as a bowler hat), below which the cylinder was red with a printed smiling face with the hole where the hose emerged as the nose. N had invested significant resources in giving Henry an anthropomorphic character and appearance, and the Henry range enjoyed an excellent reputation for reliability. Q, which was also engaged in the vacuum cleaner market, had formed the intention to have manufactured and to sell a replica of the Henry cleaner and informed N of that plan, although it stated that it would not use either the Henry name or face. N, having asserted that rights subsisted in the shape independently of the Henry name, the smiley face and the red and black colourway, asked Q for undertakings not to market the product. Q promised to take active steps to distinguish its product, but at a subsequent cleaning trade show, exhibited a prototype of the replica product which, while in blue and lacking a face and with a circumferential flange or skirt around its base, had a bowler-hatted lid in shiny black. N issued quia timet proceedings and applied for an interim injunction, and Q undertook not to sell vacuum cleaners having the appearance of the replica. By its defence, Q contended that since the cleaning show, it had done further work on the design and branding of the prototype and that the machine which it intended to sell had a bumper band and tool caddy, with the words Quick Clean Equipment and Commercial on it. N did not contend that the sale of that machine would be passing off. It fell to be determined (i) what, if anything, Q was threatening to do at the date of the commencement of proceedings; (ii) whether any threat which existed had continued following the service of the defence; and (iii) whether anything which Q threatened to do amounted to passing off. Held: To make good a claim in passing off, a claimant had to demonstrate (i) a goodwill or reputation attached to the goods he supplied in the mind of the purchasing public by association with the identifying ‘get up’; (ii) a misrepresentation by the defendant to the public (whether or not intentional) leading or likely to lead it to believe that goods offered by him were the goods of the claimant; (iii) that he suffered, or in a quia timet action that he was likely to suffer, damage by reason of the erroneous belief engendered by the defendant’s misrepresentation that the source of the defendant’s goods was the same as those offered by the claimant, Reckitt & Colman Products Ltd v Borden Inc (No3) [1990] 1 WLR 491 HL followed. A claimant, such as N, who brought a quia timet action, was necessarily obliged to prove the elements of its case on a somewhat theoretical basis, and N had to show that it was justified in commencing proceedings because Q was threatening to do acts which would amount to passing off. On the evidence, at the date of the show and thereafter until proceedings were commenced, Q was threatening and intending to launch a machine on the market with substantially the appearance of the prototype, although that threat was removed after the defence was served. There was no real dispute that N had a protectable goodwill and reputation in the combination of features of the Henry vacuum cleaner. Given that reputation, the sale of the replica (which lacked the smiley face and name but retained the shape and bowler hat) would make a damaging misrepresentation. Survey evidence from members of the public provided support for the view that the replica prototype conveyed a strong message that it was a genuine Henry, and that there was a real likelihood that at least some members of the public would buy it thinking that it was a Henry. The present case was not one where it was simply the shape of a functional article which was relied on: the Henry cleaner was seen by the public as having the appearance of a small person, and to that extent the shape had a secondary meaning. Furthermore, it was not implausible to suppose that members of the public would still recognise the product even if one or more of the elements which gave it that character were removed, provided enough remained to convey the same message. The omission of the face and name from the replica was not sufficient to avoid passing off: not all sensible purchasers would be put on enquiry by their absence. In those circumstances, the quia timet action for passing off succeeded. Judgment for claimant. Numatic International ltd v Qualtex UK Ltd: ChD (Patents Ct) (Mr Justice Floyd): 28 May 2010center_img Michael Bloch QC, James Abrahams (instructed by Arnold & Porter) for the claimant; John Baldwin QC, Lindsay Lane (instructed by DLA Piper) for the defendant.last_img read more

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Legal Ombudsman seeks views on complaints publishing

first_imgA discussion paper issued by the Legal Ombudsman today is seeking views on whether it should publish the names of firms when it reports details of consumer complaints. The Ombudsman has been set up by the Office for Legal Complaints and begins taking complaints from consumers next month. The Legal Services Act allows it to name the lawyer or firm involved in any case it reports on. However, solicitors have voiced concerns that this could have an economic or reputational impact. The paper asks whether the Ombudsman should only publish anonymised cases, or whether naming the lawyers would benefit consumers. It also asks whether identifying lawyers could have a disproportionate impact on certain areas of the law, how long the information should remain in the public domain, or whether it should only identify lawyers if they receive a certain number of complaints in a year. The paper also seeks views on whether any information at all should be published, the types of cases and levels of decisions to be published, and the form of publication. Responding to the document, Legal Services Consumer Panel chairwoman Dianne Hayter said: ‘In this era of transparency, the presumption should be to favour disclosure in a market where consumers lack the information to choose suitable lawyers. ‘The panel strongly supports the identification of lawyers subject to ombudsman investigations, but this must be done in a way that illuminates, rather than clouds, understanding.’last_img read more

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Train to nowhere

first_imgAndrew Sutherland is quite correct – and accurately describes my route into the profession. What he does not say is that, certainly in my day, I believe there was no alternative to attending courses with the excellent College of Law either at Guildford or Lancaster Gate. One could say that the problems started when other providers were authorised to provide such training courses, and the numbers grew in excess of the availability of either the need for solicitors or training contracts. If, as Mr Sutherland says, the training contract (under whatever name you give it) had to be in place first, you would not have the common situation of law students taking on further debts attending courses which lead them nowhere. Simon Howell, Cumberland Ellis, London WC1last_img read more

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Back to the drawing board

first_imgSubscribe now for unlimited access Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.Limited access to building.co.ukBreaking industry news as it happensBreaking, daily and weekly e-newsletters Get your free guest access  SIGN UP TODAY To continue enjoying Building.co.uk, sign up for free guest accessExisting subscriber? LOGIN Subscribe to Building today and you will benefit from:Unlimited access to all stories including expert analysis and comment from industry leadersOur league tables, cost models and economics dataOur online archive of over 10,000 articlesBuilding magazine digital editionsBuilding magazine print editionsPrinted/digital supplementsSubscribe now for unlimited access.View our subscription options and join our communitylast_img read more

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Courage under fire

first_imgTo continue enjoying Building.co.uk, sign up for free guest accessExisting subscriber? LOGIN Get your free guest access  SIGN UP TODAY Subscribe now for unlimited access Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.Limited access to building.co.ukBreaking industry news as it happensBreaking, daily and weekly e-newsletters Subscribe to Building today and you will benefit from:Unlimited access to all stories including expert analysis and comment from industry leadersOur league tables, cost models and economics dataOur online archive of over 10,000 articlesBuilding magazine digital editionsBuilding magazine print editionsPrinted/digital supplementsSubscribe now for unlimited access.View our subscription options and join our communitylast_img read more

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Britain’s foreign legion

first_imgSubscribe now for unlimited access To continue enjoying Building.co.uk, sign up for free guest accessExisting subscriber? LOGIN Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.Limited access to building.co.ukBreaking industry news as it happensBreaking, daily and weekly e-newsletters Get your free guest access  SIGN UP TODAY Subscribe to Building today and you will benefit from:Unlimited access to all stories including expert analysis and comment from industry leadersOur league tables, cost models and economics dataOur online archive of over 10,000 articlesBuilding magazine digital editionsBuilding magazine print editionsPrinted/digital supplementsSubscribe now for unlimited access.View our subscription options and join our communitylast_img read more

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After the endgame

first_imgGet your free guest access  SIGN UP TODAY Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.Limited access to building.co.ukBreaking industry news as it happensBreaking, daily and weekly e-newsletters Subscribe to Building today and you will benefit from:Unlimited access to all stories including expert analysis and comment from industry leadersOur league tables, cost models and economics dataOur online archive of over 10,000 articlesBuilding magazine digital editionsBuilding magazine print editionsPrinted/digital supplementsSubscribe now for unlimited access.View our subscription options and join our community Subscribe now for unlimited access To continue enjoying Building.co.uk, sign up for free guest accessExisting subscriber? LOGINlast_img read more

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This time, it might actually work

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Webmaster review: Terry Farrell & Partners website

first_imgTo continue enjoying Building.co.uk, sign up for free guest accessExisting subscriber? LOGIN Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.Limited access to building.co.ukBreaking industry news as it happensBreaking, daily and weekly e-newsletters Get your free guest access  SIGN UP TODAY Subscribe now for unlimited access Subscribe to Building today and you will benefit from:Unlimited access to all stories including expert analysis and comment from industry leadersOur league tables, cost models and economics dataOur online archive of over 10,000 articlesBuilding magazine digital editionsBuilding magazine print editionsPrinted/digital supplementsSubscribe now for unlimited access.View our subscription options and join our communitylast_img read more

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