‘Gough Square Live – on tour’

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Presentation transcript:

‘Gough Square Live – on tour’ Jonathan Goulding Cameron Crowe GOUGH SQUARE CHAMBERS

2. Time Limits Date of discovery by prosecutor cases,Tesco Stores Ltd v Harrow LBC [2003] EWHC 2919 etc. Who is the prosecutor? Donnachie [2007] EWHC 1846 Evidential sufficiency cases, Letherbarrow [2014] 4820 Time-Limit Certificates. Preventing problems.

3. Is the right person before the Court ? Charging the right defendant. Complex corporate structures,Marco Croydon [1984] R.T.R, Aldi Stores [1995] 159 JP 717 and Sainsbury’s Supermarkets Ltd [2006] EWHC 1749. Identification by description rather than name,Essence Bars [2016] EWCA Civ 63. Avoiding the problem.

4. Charging directors,managers etc Consent, connivance and neglect, Huckerby v Elliott [1970] 1All ER 189 DC,Hirscler v Birsch [1987] RTR (12 June 1987),Chargot [2008] UKHL 73. Who is a manager? R v Boal [1992] 3 All ER 177. Act or default provisions, Tesco v Nattrass [1972] AC 15.3 Evidential requirements.

5. Counterfeiting Cases after R v C Grey Market Goods and Trade Mark Infringement. Supreme Court say Grey Goods not so Grey! R v C UKSC 58. Impact on evidence gathering. Impact on the s.92(5) defence. Application to parallel imports.

6.Changes to the Primary Authority Scheme 1 October 2017. RESA 2008 amended by Enterprise Act 2016. Role for “supporting regulators”.CMA,FSA,Gambling Commission and HSE to provide technical expertise etc. Loss of regulatory categories.Primary Authority responsible for whole range of regulatory categories. New definition of “enforcement action”.

7. Insolvency and TS proceedings Liquidation/Winding Up. Compulsory and voluntary liquidation. . Automatic stay on proceedings in cases of compulsory liquidation. Stay can be applied for in voluntary liquidation. Administration. No legal proceedings without leave of the court. Striking Off / Restoration.