Aldous LJ
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Sir William Aldous (17 March 1936 – 17 March 2018) was an English judge and a judge in the Gibraltar Court of Appeal.


Biography

Born in Suffolk, Aldous was the son of barrister Guy Aldous QC and his wife, Gill Henson, daughter of Gino Henson, MFH, Master of the Blankney Hunt. Growing up in East Anglia, Aldous was a keen and eager huntsman from an early age. His father was MFH of the Essex and Suffolks, a responsibility that he passed onto Willie Aldous in 1970. He ceased hunting for real in 1976 to rejoin a serious career as a London barrister. Aldous achieved considerable success in the practice of intellectual property law that took him all the way to the bench of the Patents Court. William Aldous was head of barristers' chambers at 6 Pump Court, Inner Temple from 1980 to 1988. In 1988 he was appointed to the High Court bench and assigned to the
Patents Court The Patents Court is a specialist court within the Chancery Division of the High Court of Justice of England and Wales. It deals with disputes relating to intellectual property Intellectual property (IP) is a category of property that includ ...
of the
Chancery Division The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
. In January 1993 his judgment reflected a trend towards the freedom to publish. The Home Office had claimed copyright over tapes of serial killer,
Dennis Nilsen Dennis Andrew Nilsen (23 November 1945 – 12 May 2018) was a Scottish serial killer and necrophile who murdered at least twelve young men and boys between 1978 and 1983 in London. Convicted at the Old Bailey of six counts of murder and two o ...
in the possession of
World In Action ''World in Action'' was a British investigative current affairs programme made by Granada Television for ITV from 7 January 1963 until 7 December 1998. Its campaigning journalism frequently had a major impact on events of the day. Its product ...
. Charles Tremayne of Granada Television, described Aldous's decision to allow broadcast as "welcome and surprising". He was made a Lord Justice of Appeal in 1995 and was sworn a member of the Privy Council. He retired from the bench in October 2003 and became an arbitrator in intellectual property arbitrations. He was a member of the Gibraltar Court of Appeal. In March 2009 he dissented from other Court of Appeal judges, in giving the opinion that the Gibraltar Government's housing allocation policy discriminated against same-sex couples. Sir William Aldous died on 17 March 2018, his 82nd birthday.


Judgments

Judgments of Aldous in the
Court of Appeal of England and Wales The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to ...
include: *'' Fujitsu's Application'' -
Patent law A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
confirming the rejection of a patent involving the computerisation of an existing process. *''British Telecommunications plc v One in a Million Ltd'' -
Intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
case in which Aldous identified
domain names A domain name is a string that identifies a realm of administrative autonomy, authority or control within the Internet. Domain names are often used to identify services provided through the Internet, such as websites, email services and more. As ...
usurping a
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from othe ...
ed name as "an instrument of fraud"''British Telecommunications plc v One in a Million Ltd''
999 999 or triple nine most often refers to: * 999 (emergency telephone number), a telephone number for the emergency services in several countries * 999 (number), an integer * AD 999, a year * 999 BC, a year Books * ''999'' (anthology) or ''999: T ...
1 WLR 903, Aldous LJ at 920.
*''
Walton v Independent Living Organisation ''Walton v Independent Living Organisation'' 003EWCA Civ 199is a UK labour law case regarding the National Minimum Wage Act 1998. Facts Miss Julie Walton was a care worker, who looked after Miss E Jones, who had epilepsy but was a relatively ea ...
'' -
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
, regarding the
National Minimum Wage Act 1998 The National Minimum Wage Act 1998 creates a minimum wage across the United Kingdom.. E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 6(1) From 1 April 2022 this was £9.50 for people age 23 and over, £9.18 for 21- to 22-year-olds, £6 ...
*''
Dubai Aluminium Co Ltd v Salaam ''Dubai Aluminium Co Ltd v Salaam'' English_vicarious_liability_case,_concerning_also_breach_of_trust_and_dishonest_assistance._Aldous's_decision_was_reversed_in_the_Judicial_functions_of_the_House_of_Lords#Appeals.html" "title="Vicarious liability">English vicarious liability case, concerning also breach of trust and dishonest assistance. Aldous's decision was reversed in the Judicial functions of the House of Lords#Appeals">House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
*''Silven Properties Ltd v Royal Bank of Scotland plc''[2003
EWCA Civ 1409
[2004] 4 All ER 484
- English land law case, concerning the behaviour of Receivership, receivers appointed under
mortgage A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any ...
s. *''
Macmillan Inc v Bishopsgate Investment Trust plc (No 3) is a judicial decision relating to English trusts law and conflict of laws case from the Court of Appeal. The issue arose in relation to frauds conducted by the late Robert Maxwell. The appeal was not actually an appeal on the full decision, ...
''
996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...
WLR 387 - determining the proper law for priority of claims to foreign shares mortgaged in England.


Bibliography

*with Thomas Terrell, Guy Aldous and Douglas Falconer, '' Terrell on the law of patents'', 11th ed., Sweet & Maxwell, 1965. *with Thomas Terrell, Douglas Falconer and David Young, ''Terrell on the law of patents'', 12th ed., Sweet & Maxwell, 1971, . *with Thomas Terrell, ''Terrell on the Law of Patents'', 13th ed., Sweet & Maxwell, Ltd (January 1982), .


Arms


References

{{DEFAULTSORT:Aldous, William 1936 births 2018 deaths Chancery Division judges Members of the Privy Council of the United Kingdom Knights Bachelor Lords Justices of Appeal English cricketers Suffolk cricketers