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‘Gough Square Live – on tour’

Explore time limits, evidential sufficiency, charging directors, Grey Market Goods, & Insolvency proceedings in legal practice.

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‘Gough Square Live – on tour’

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

  2. 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. 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 717and Sainsbury’s Supermarkets Ltd [2006] EWHC 1749. • Identification by description rather than name,Essence Bars [2016] EWCA Civ 63. • Avoiding the problem.

  4. 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. 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. 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. 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.

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