Copyright owners to help set meaning of ‘diligent search’ in orphan works reforms, says IPO – OUT-LAW.com

Posted May 7th, 2013 in copyright, intellectual property, licensing, news, photography by sally

“Photographers and other rights holders will help define what constitutes a ‘diligent search’ for the author of copyrighted material as part of reforms to rules on ‘orphan works’ licensing, Out-Law.com has learned.”

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OUT-LAW.com, 7th May 2013

Source: www.out-law.com

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Queen’s speeches since 1994: how many bills did they introduce? – The Guardian

Posted May 7th, 2013 in bills, news, parliament, speeches by sally

“Ahead of the 2013 state opening of parliament, we look at how long the Queen’s speech has been over the last two decades, and how many bills it introduced.”

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The Guardian, 7th May 2013

Source: www.guardian.co.uk

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“To Decide or not to Decide, that is the Question…” – the impact of R (H) v Kingston upon Hull City Council – Family Law Week

“Dave Phillips and Naomi Madderson, members of the child care team at 37 Park Square Chambers, consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed and in which the authors acted.”

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Family Law Week, 6th May 2013

Source: www.familylawweek.co.uk

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Regina (JL) v Secretary of State for Defence – WLR Daily

Posted May 7th, 2013 in appeals, enforcement, housing, human rights, law reports, repossession by sally

Regina (JL) v Secretary of State for Defence [2013] EWCA Civ 449; [2013] WLR (D) 161

The occupant of a house was entitled to rely upon article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, entitling the occupant to a proportionality review, by way of opposition to the enforcement of a possession order already obtained by the owner in the exceptional circumstances where there had been a substantial change of circumstances which gave rise for the first time to an article 8 issue which neither was nor could have been pursued prior to the making of the possession order.

WLR Daily, 30th April 2013

Source: www.iclr.co.uk

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Costs budgeting: Proportionality is trumps – New Law Journal

Posted May 7th, 2013 in budgets, civil procedure rules, costs, judiciary, news, proportionality by sally

“‘The budgeting of multi-track litigation is the most important of costs reforms that lawyers should prepare for’ advises Professor Dominic Regan, the leading expert in civil litigation (‘Not the end of the story?’). So, how should we—judges and professional civil litigators— ‘prepare’ now that the Jackson reforms are a reality? The short answer is CPD Training: Chapter 40 and Recommendations 89 and 90 of the Jackson Report (Review of Civil Litigation Costs: Final Report, December 2009).”

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New Law Journal, 2nd May 2013

Source: www.newlawjournal.co.uk

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Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd – NIPC Law

Posted May 7th, 2013 in civil procedure rules, costs, county courts, fees, insurance, news, patents by sally

“As I mentioned in “Intellectual Property Litigation – the Funding Options” 10 April 2013, it was possible until the 31 March 2013 for a litigant to enter an agreement with his or her solicitors and counsel known as a conditional fee agreement (‘CFA’) whereby the lawyers would look to the other side for payment not only of their assessed costs but also of an uplift known as a success fee and the premium for insurance against their own and the other side’s costs in case of failure known as after-the-event (‘ATE’) insurance if they won the case or obtained a satisfactory settlement. As I also mentioned in that article, it is still possible to enter a CFA but any success fee and ATE insurance premium must now be paid by the successful party – usually out of any damages or accountable profits he or she may receive.”

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NIPC Law, 4th May 2013

Source: www.nipclaw.blogspot.co.uk

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Jackson Masterclass: The new regime – New Law Journal

Posted May 7th, 2013 in civil procedure rules, disclosure, news, proportionality by sally

“It is understandable that so much attention has been directed at the recent costs and funding changes. However, the reach of Jackson is far greater. Any step or process has an inevitable cost attached to it and now is the time to look at how the disclosure process will change under the new regime.”

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New Law Journal, 2nd May 2013

Source: www.newlawjournal.co.uk

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Anonymity Before Charge – Part I – Criminal Law and Justice Weekly

Posted May 7th, 2013 in anonymity, Law Commission, news, rape, sexual offences by sally

“In our article ‘Rape Defendant Anonymity’ last year ((2012) 176 JPN pp.5-8 and 24-26) we suggested that there was a strong case for banning the publication of the identities of rape defendants prior to any conviction. We included this as part of our submission to Lord Justice Leveson’s inquiry into the press, suggesting that he should consider the issue as part of his remit. Tucked away in the depths of the report (The Report into the Culture, Practices and Ethics of the Press, November 29, 2012 at G Ch 3 para.2.39), whether or not in response to our submission the relevant text does not make clear, Leveson proposes that, other than in exceptional circumstances, the names of suspects and arrested people (referred to as ‘arrestees’) should not be published and that police guidance relating to publication should be tightened up to reflect this. The Law Commission disagreed (Contempt of Court: A Consultation Paper, Number 209, Law Commission) but in a judicial response to the Consultation Paper, Lord Justice Treacy and Mr Justice Tugendhat – supported by many other senior Judges, including the President of the Queen’s Bench Division and the Senior Presiding Judge – backed Leveson (A Judicial Response to Law Commission Consultation Paper no.209, March 4, 2013, released April 9, 2013).”

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Criminal Law and Justice Weekly, 4th May 2013

Source: www.criminallawandjustice.co.uk

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Bleddyn King loses web date murder minimum term appeal – BBC News

Posted May 7th, 2013 in appeals, murder, news, sentencing, young offenders by sally

“A teenager found covered in the blood of a 64-year-old man he stabbed 72 times has failed to cut his 28-year minimum jail term for the murder.”

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BBC News, 3rd May 2013

Source: www.bbc.co.uk

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Carers to receive legal rights under new laws – Daily Telegraph

Posted May 7th, 2013 in bills, carers, financial provision, news, parliament, pensions, speeches by sally

“Hundreds of thousands of people who care for elderly or disabled relations will be given new rights to state support for the first time, Norman Lamb, the Care and Support Minister, says.”

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Daily Telegraph, 7th May 2013

Source: www.telegraph.co.uk

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More major rule of law changes, more dodgy statistics used to justify them – UK Human Rights Blog

Posted May 7th, 2013 in judicial review, legal aid, news, rule of law by sally

“‘Access to justice should not be determined by your ability to pay’, begins the Justice Secretary Chris Grayling – perhaps accompanied by a subtle wink – at the beginning of the Ministry of Justice’s new consultation document. As many readers will know, the Government is currently consulting on a second round of legal aid cuts. This time, savings of £220m per year are estimated. The consultation closes in just under a month, on 4 June 2013.”

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UK Human Rights Blog, 5th May 2013

Source: www.ukhumanrightsblog.com

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Sex offenders secretly removed from register – Daily Telegraph

Posted May 7th, 2013 in human rights, news, sexual offences by sally

“Convicted sex offenders, including paedophiles and rapists, have been secretly from the Sex Offenders’ Register, it has been revealed.”

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Daily Telegraph, 7th May 2013

Source: www.telegraph.co.uk

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Family court ‘delays’ on care decisions cut – BBC News

Posted May 7th, 2013 in delay, family courts, news, reports, time limits by sally

“The time it takes for the family courts to make decisions about whether children should be taken in to care or adopted has been cut.”

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BBC News, 4th May 2013

Source: www.bbc.co.uk

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Who “holds” the working papers of the Climategate inquiry? – UK Human Rights Blog

“In 2009 someone hacked into e-mails belonging to the Climate Research Unit at UEA and leaked them widely. Climate change sceptics whooped with delight because they thought that the e-mails showed attempts to suppress or gerrymander climate data (see e.g. this example from James Delingpole with some of the ticklish e-mails, and for more background, less tendentiously put, my post on an earlier UEA case). And the CRU data was important; it had made its way into the highly influential IPCC reports.”

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UK Human Rights Blog, 7th May 2013

Source: www.ukhumanrightsblog.com

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Parental choice of mainstream education – Education Law Blog

“In Harrow Council v AM [2013] UKUT 0157 (AAC), the Upper Tribunal considered a local authority’s obligations where a parent chose mainstream education for a child with complex special educational needs. The decision also discusses two important procedural issues, namely when a First-tier Tribunal can rely on its own knowledge without seeking views from the parties and its powers on review.”

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Education Law Blog, 6th May 2013

Source: www.education11kbw.com

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Exclusive: Victims blame insurers for ‘insulting’ asbestos payouts – The Independent

“A new law intended to ensure insurance firms pay compensation when employers’ paperwork is lost will apply only to some cancer sufferers, and they will get less than expected.”

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The Independent, 5th May 2013

Source: www.independent.co.uk

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Boy wins Birmingham Magistrates’ Court cell ruling – BBC News

Posted May 7th, 2013 in children, detention, learning difficulties, news, young offenders by sally

“Child protection rules were breached when a teenager with learning difficulties was held in a court cell for adults, the High Court has ruled.”

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BBC News, 4th May 2013

Source: www.bbc.co.uk

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Probation privatisation plan prompts fears over mentally ill offenders – The Guardian

Posted May 7th, 2013 in mental health, news, probation, release on licence by sally

“Government plans to allow private companies to run parts of the probation service, to be unveiled on Wednesday, have sparked concerns about the future supervision of offenders with serious mental health issues.”

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The Guardian, 5th May 2013

Source: www.guardian.co.uk

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Sex in prisons: Campaigners warn of culture of denial over sexual relationships between inmates as new commission publishes report – The Independent

Posted May 7th, 2013 in HIV, news, prisons, reports by sally

“The first Commission into Sex in Prisons has drawn attention to a rarely reported issue.”

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The Independent, 6th May 2013

Source: www.independent.co.uk

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Queen’s speech: consumer bill of rights to cover faulty apps or downloads – The Guardian

Posted May 7th, 2013 in bills, consumer protection, internet, news, parliament, speeches by sally

“Consumer rights covering products such as cars and white goods are to be extended to apps and music downloads in a consumer bill of rights to be unveiled in the Queen’s speech on Wednesday.”

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The Guardian, 6th May 2013

Source: www.guardian.co.uk

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