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An amendment to rule 3.8(3) of the Civil Procedure Rules (CPR) has softened the effect of the Mitchell* case precedent in which non-compliance with strict Court deadlines was simply not an option.

Position Pre 5 June 2014

Rule 3.8(3) of CPR read as follows:

(3)        Where a rule, practice direction or court order –

            (a) requires a party to do something within a specified time, and

             (b) specifies the consequence of failure to comply,

2 … the number of countries set to join the Hague System for design filings this year – South Korea and USA. Japan, China, Indonesia, Thailand, Malaysia, Singapore, Philippines, Vietnam, Myanmar, Brunei, Cambodia, Laos and Russia could all join in 2015.

3 … the number of years the mandatory prison sentence carries for “exceptionally serious” counterfeiting cases in China.

Employers have a statutory and common law duty to protect the health and safety of their employees and have to approach the issue of e-cigarettes with caution.

If e-cigarettes are allowed into the workplace, employers run the risk that colleagues may become upset especially those who are pregnant or have respiratory conditions or those who may be trying to give up all forms of smoking themselves.

  1.  The World Trade Organization has appointed three panellists to consider the legality of Australia’s tobacco plain packaging laws.  They must finalise their report within 6 months.
  1. Canada’s recent Omnibus Bill proposed that the requirement of use for a trade mark registration is deleted from the Trade-marks Act.
  1. The Haka Ka Mate Attribution Bill in Australia provides that anyone using the haka war dance in publications, movies or “communication to the public” must attribute ownership to the Ngati Toa tribe.

It's difficult to identify any benefits from the Jackson reforms in the area of commercial litigation.

Costs budgeting has perhaps not proved to be as troublesome as many had feared, but it's still 'early days', and, by its very nature, there is a long lead time before we really see its full effects. However, based on experience so far, it is far from convincing that the cost and time involved in preparing costs budgets (and monitoring and updating them) is proportionate to whatever benefits may ultimately be obtained.

E-cigarettes have become a very common sight on the streets, in and outside pubs and now, increasingly, in and outside the workplaces of the UK.

These battery-powered devices simulate tobacco smoking by turning nicotine and other chemicals into a vapour that is inhaled by the user and resembles smoke. It is estimated that more than 2 million people currently use e-cigarettes in the UK; two-thirds of users being smokers and the other third, ex-smokers.

The Government has announced that if separated families can not agree on the level of child maintenance payments, the parents will have to pay to use the Government Child Maintenance Service (CMS).

Last week the Law Society published a press release reporting that almost two out of three adults in Britain have not made a will. It advises those who have not done so, to act now.

The Law Society last week reported that research from Dying Matters Coalition revealed that only 36% of British adults say they have written a will, while 83% have said they are uncomfortable discussing their dying wishes.

The Department for Business, Innovation and Skills (the BIS) have launched a consultation to look at the difficulties business and brand owners face with copycat products or those with similar ‘parasitic’ packaging.

R (Tummond) v Reading County Court and another [2014] EWHC 1039



Tummond (T) had initially argued before a district judge at the County Court that the landlord (L) could not rely on a notice requiring possession it had served pursuant to section 21 of the Housing Act 1988 (NRP) because:

·         It had been served at a time when T's deposit was not held in accordance with a tenancy deposit scheme (TDS); and

·         The prescribed information had not been provided to T.