Unauthorised browsing of copyrighted material online is legitimate, says UK Supreme Court – OUT-LAW.com

Posted April 17th, 2013 in copyright, EC law, internet, news, Supreme Court by sally

“The UK Supreme Court has asked the EU’s highest court to rule on whether the temporary copies that computers make to allow material to be read online breach copyright laws.”

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OUT-LAW.com, 17th April 2013

Source: www.out-law.com

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Command Papers – official-documents.gov.uk

Posted April 17th, 2013 in parliamentary papers by sally

The draft Anti-social Behaviour Bill: pre-legislative scrutiny, Cm 8607 (PDF)

Wild Animals in Circuses, Cm 8538 (PDF)

National Minimum Wage, Cm 8565 (PDF)

Human Rights and Democracy: The 2012 Foreign & Commonwealth Office Report, Cm 8593 (PDF)

Independent Police Complaints Commission, Cm 8598 (PDF)

Treaty on the Transfer of Sentenced Persons between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United Arab Emirates, Cm 8604 (PDF)

Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia for Defence and Security Cooperation, Cm 8603 (PDF)

Source: www.official-documents.gov.uk

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Fast-track legislation preventing proper scrutiny, says rights committee – The Guardian

“The increasing use emergency legislation, lack of adequate debating time and insertion of last-minute amendments are preventing effective parliamentary scrutiny of new laws, a committee has said.”

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The Guardian, 15th April 2013

Source: www.guardian.co.uk

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BAILII: Recent Decisions

Posted April 17th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Cosford & Ors v R [2013] EWCA Crim 466 (16 April 2013)

Cairns v R [2013] EWCA Crim 467 (16 April 2013)

Morris v R [2013] EWCA Crim 436 (16 April 2013)

Khan & Ors v R [2013] EWCA Crim 468 (16 April 2013)

Foran v R [2013] EWCA Crim 437 (16 April 2013)

Court of Appeal (Civil Division)

Bibi & Anor, R (on the application of) v Secretary of State for the Home Department (Rev 1) [2013] EWCA Civ 322 (12 April 2013)

Obiorah v London Borough of Lewisham [2013] EWCA Civ 325 (12 April 2013)

High Court (Queen’s Bench Division)

Smith v Dha [2013] EWHC 838 (QB) (12 April 2013)

Ecclestone v Medway NHS Foundation Trust [2013] EWHC 790 (QB) (12 April 2013)

High Court (Administrative Court)

CF v Secretary of State for the Home Department [2013] EWHC 843 (Admin) (12 April 2013)

H, R (on the application of) v Kingston Upon Hull City Council [2013] EWHC 388 (Admin) (08 April 2013)

Dr EY v General Medical Council [2013] EWHC 860 (Admin) (15 April 2013)

High Court (Chancery Division)

HSBC Bank v Tambrook Jersey Ltd [2013] EWHC 866 (Ch) (12 April 2013)

High Court (Family Division)

FT and NT (Children), Re [2013] EWHC 850 (Fam) (11 April 2013)

DW (A Minor) & Anor v SG [2013] EWHC 854 (Fam) (12 April 2013)

High Court (Technology and Construction Court)

Murray & Anor v Neil Dowlman Architecture Ltd [2013] EWHC 872 (TCC) (16 April 2013)

West & Anor v Ian Finlay & Associates (A Firm) [2013] EWHC 868 (TCC) (16 April 2013)

Lazari v London & Newcastle (Camden) Ltd [2013] EWHC 812 (TCC) (15 April 2013)

Manolete Partners Plc v Hastings Borough Council [20131 EWHC 842 (TCC) (12 April 2013)

High Court (Commercial Court)

FXCM Securities v Digby [2013] EWHC 762 (Comm) (15 February 2013)

High Court (Patents Court)

Resolution Chemicals Ltd v H. Lundbeck A/S [2013] EWHC 739 (Pat) (12 April 2013)

Source: www.bailii.org

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Commerzbank ‘victimised’ employee over discrimination case, tribunal rules – The Guardian

“A City banker was ‘victimised’ by her bank after it discovered she was suing her former employer for sexual discrimination, a tribunal has ruled. Latifa Bouabdillah was sacked by Commerzbank after less than a month when her boss heard she was suing her former employer, Deutsche Bank, for more than £1m in damages for sexual discrimination.”

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The Guardian, 15th April 2013

Source: www.guardian.co.uk

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Banks Take First Round In Interest Rate Swap Mis-Selling Claims – No. 5 Chambers

Posted April 17th, 2013 in banking, financial regulation, interest, news, unfair commercial practices by sally

“Following the announcement in June 2012 by the Financial Services Authority of a two month investigation in to the sale (and in particular mis-selling) of interest rate hedging products such as swaps, collars, structured collars there is considerable interest in whether such claims are likely, following Payment Protection Insurance, to become another key battleground in financial services litigation.”

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No. 5 Chambers, 7th February 2013

Source: www.no5.com

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What’s Wrong with Money Laundering? – No. 5 Chambers

“Quite a lot, actually. This note considers, two recent High Court (QBD) decisions: Shah v HSBC [2012] EWHC 1283 (Supperstone J.) that clarifies the effect of making a ‘consent’ SAR – to the advantage and benefit of banks and solicitors but disadvantage of their customers and clients; and Dare v CPS [2012] EWHC 2074 (Bean J.) that provides an explanation of what it means to ‘facilitate’ a transaction under PoCA s. 328. In addition there is an afterword about the continuing problem of legal privilege that remains a little discussed, but unresolved, problem for solicitors.”

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No. 5 Chambers, 4th February 2013

Source: www.no5.com

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Private Trusts and the Court of Protection – No. 5 Chambers

Posted April 17th, 2013 in Court of Protection, damages, news, trusts by sally

“The Court of Protection has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. Among its various roles the Court is responsible for determining disputes as to the registration of enduring powers of attorney (“EPA”), and Lasting Powers of Attorney (‘LPA’), appointing new trustees, authorising certain gifts and making statutory wills.”

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No. 5 Chambers, 4th February 2013

Source: www.no5.com

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Protect your deposits! Assured shorthold tenancies and rent deposits – Hardwicke Chambers

Posted April 17th, 2013 in deposits, landlord & tenant, news by sally

“It is a common problem with assured shorthold tenancies of a flat or a house. An unscrupulous landlord takes a deposit from a tenant and then, at the end of the tenancy, refuses to return the deposit on some largely trumped up basis. In effect the landlord challenges the tenant to sue him for return of the deposit. The sums involved are important to the tenant losing them, but in reality are so small that the time and money required to recover them through the Courts is disproportionate. The landlord gets a windfall.”

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Hardwicke Chambers, 15th April 2013

Source: www.hardwicke.co.uk

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The Scope Of The Duty Of Fidelity – No. 5 Chambers

Posted April 17th, 2013 in contracts, employment, fiduciary duty, news by sally

“What are the duties of an Employee who is approached by a family member to supply goods or services to his Employer?”

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No. 5 Chambers, 18th March 2013

Source: www.no5.com

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Don’t look down: The decision in El-Dinnaoui v Westminster City Council – Hardwicke Chambers

Posted April 17th, 2013 in appeals, evidence, homelessness, housing, local government, news by sally

“The duty that local authorities have to accommodate homeless applicants in priority need is well established. But that duty, in section 193 of the Housing Act 1996, ceases to apply if a homeless applicant refuses to accept accommodation which is suitable for them.”

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Hardwicke Chambers, 12th April 2013

Source: www.hardwicke.co.uk

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Managing the manifestation of faith in the workplace – No. 5 Chambers

“Fatim Kurji considers the European Court of Human Rights’ verdict in the case of Eweida & Others v The United Kingdom [2013] IRLR 231.”

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No. 5 Chambers, 18th March 2013

Source: www.no5.com

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LIBOR Cases – A Return to Normality? – Littleton Chambers

Posted April 17th, 2013 in amendments, banking, financial regulation, interest, misrepresentation, news by sally

“Last year I discussed Mr Justice Flaux’s decision in Graiseley Properties Limited and others v Barclays Bank plc [2012] EWHC 3093 (Comm) (see Littleton Comment on 4 December 2012). In that case Flaux J. had allowed amendments to plead fraudulent misrepresentation and breach of implied terms in relation to LIBOR which smoothed the path to claims which were, in essence, that the Bank had sold LIBOR-related products when it knew that its employees were attempting to ‘rig’ LIBOR rates for their own purposes (i.e. making their trades profitable) and that such conduct would disadvantage clients who relied on the Bank not attempting to manipulate LIBOR rates. Although I pointed out that allowing the amendments, which lacked the particularity to be expected, was unusual, I also observed that ‘This is a welcome and realistic approach to the difficulties faced by customers in claims against banks.’”

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Littleton Chambers, 15th April 2013

Source: www.littletonchambers.com

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Anti-social behaviour – The future – Hardwicke Chambers

Posted April 17th, 2013 in ASBOs, housing, injunctions, landlord & tenant, local government, news by sally

“In February 2011 the Home Office produced the consultation document ‘More Effective Responses to Anti-Social Behaviour’ – a response to the earlier document ‘The Coalition: our programme for government’.”

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Hardwicke Chambers, 12th April 2013

Source: www.hardwicke.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted April 17th, 2013 in legislation by sally

The Renewable Transport Fuel Obligations (Amendment) Order 2013

The Town and Country Planning (Temporary Stop Notice) (England) (Revocation) Regulations 2013

The Mid Staffordshire NHS Foundation Trust (Appointment of Trust Special Administrators) Order 2013

The Sheffield City Council (Bus Rapid Transit Northern Route—Tinsley Link—Fitzwilliam Bridge) Scheme 2012 Confirmation Instrument 2013

Source: www.legislation.gov.uk

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Fourth pillar of the welfare state – Garden Court Chambers Blog

Posted April 17th, 2013 in benefits, budgets, legal aid, news by sally

“On April 1 cuts of £350 million from the legal aid budget of £2.1 billion came into effect.”

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Garden Court Chambers Blog, 16th April 2013

Source: www.gclaw.wordpress.com

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YouView launch ads banned – The Guardian

Posted April 17th, 2013 in advertising, complaints, consumer protection, internet, news by sally

“Virgin Media has won a victory against fledgling rival YouView, getting its launch TV and press campaign banned after the advertising watchdog ruled that claims it is ‘unique’ and the ‘easiest’ service were untrue.”

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The Guardian, 17th April 2013

Source: www.guardian.co.uk

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Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) – WLR Daily

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) [2013] EWCA Civ 322; [2013] WLR (D) 139

“The requirement that a foreign spouse or partner of a British citizen or person settled in the United Kingdom produce a test certificate of knowledge of the English language to a prescribed standard prior to entering the United Kingdom was proportionate.”

WLR Daily, 12th April 2013

Source: www.iclr.co.uk

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Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) – WLR Daily

Posted April 17th, 2013 in costs, disclosure, fees, law reports, personal injuries, solicitors by sally

Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) [2013] EWCA Civ 278; [2013] WLR (D) 138

“The funding of a client’s disbursements by a solicitor did not, without more, justify the making of an adverse costs order against that solicitor.”

WLR Daily, 10th April 2013

Source: www.iclr.co.uk

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Courts can use hypothetical licensing arrangements to calculate trade mark damages, says High Court – OUT-LAW.com

Posted April 17th, 2013 in damages, gambling, internet, licensing, news, patents, trade marks by sally

“Courts can calculate trade mark infringement damages based on a hypothetical licensing arrangement, the High Court has said.”

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OUT-LAW.com, 17th April 2013

Source: www.out-law.com

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