Paul Weller wins damages from the Mail Online – BBC News

‘Rock star Paul Weller has won £10,000 damages after pictures of his children were “plastered” on the Mail Online.’

Full story

BBC News, 16th April 2014

Source: www.bbc.co.uk

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Intellectual property law – achieving a balance between the right to enforce and protecting innovation – Law Commission

‘Patents, trade marks and design rights are valuable intellectual property (IP) rights and vital to economic growth. They ensure that research and innovation is encouraged and rewarded. And, for some small businesses, they can represent their most significant assets. The law provides effective ways to enforce IP rights but these can be misused to drive competitors from the market. In a report published today, the Law Commission is recommending reforms that will allow individuals and businesses to protect their IP rights but not at the expense of new ideas and inventions.’

Full report

Law Commission, 15th April 2014

Source: www.justice.gov.uk/lawcommission

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Schedule 7 Code of Practice – Home Office

‘Consultation on changes made to Schedule 7 to the Terrorism Act 2000 by the Anti-Social Behaviour, Crime and Policing Act 2014.’

Full text

Home Office, 15th April 2014

Source: www.gov.uk/home-office

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Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

Full story

UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

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Spoiling the Broth – NearlyLegal

‘Blake and others v LB Waltham Forest [2014] EWHC 1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.’

Full story

NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

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Regina (Refugee Action) v Secretary of State for the Home Department – WLR Daily

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by tracey

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin);   [2014] WLR (D)  167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening) – WLR Daily

Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening): [2014] EWHC 1041 (Admin);   [2014] WLR (D)  166

‘Any order made by any court under section 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years could not extend to reports of the proceedings after the subject of the order had reached the age of majority at 18.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted April 16th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for Communities And Local Government v Hopkins Developments Ltd [2014] EWCA Civ 470 (15 April 2014)

Tchenguiz v Director of the Serious Fraud Office [2014] EWCA Civ 472 (15 April 2014)

Court of Appeal (Criminal Division)

Gary Hyde v The Queen [2014] EWCA Crim 713 (15 April 2014)

High Court (Administrative Court)

Derrin Brother Properties Ltd, R (on the application of) v HM Revenue and Customs & Ors [2014] EWHC 1152 (Admin) (15 April 2014)

Rose, R (on the application of) v Thanet Clinical Commissioning Group [2014] EWHC 1182 (Admin) (15 April 2014)

E v Secretary of State for the Home Department [2014] EWHC 1030 (Admin) (15 April 2014)

Gomes, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1169 (Admin) (15 April 2014)

High Court (Chancery Division)

Kaneria v Kaneria & Ors [2014] EWHC 1165 (Ch) (15 April 2014)

Christophorus 3 Ltd & Anor, Re [2014] EWHC 1162 (Ch) (15 April 2014)

Balevents Ltd & Anor v Sartori [2014] EWHC 1164 (Ch) (15 April 2014)

Briggs & Ors v Gleeds (Head Office) & Ors [2014] EWHC 1178 (Ch) (15 April 2014)

Gaydamak v Leviev [2014] EWHC 1167 (Ch) (15 April 2014)

High Court (Family Division)

P (A Child), Re [2014] EWHC 1146 (Fam) (15 April 2014)

London Borough of Haringey v Musa [2014] EWHC 1200 (Fam) (11 April 2014)

High Court (Queen’s Bench Division)

Ashworth & Ors v The Royal National Theatre [2014] EWHC 1176 (QB) (15 April 2014)

Murray v Associated Newspapers Ltd [2014] EWHC 1170 (QB) (15 April 2014)

High Court (Technology and Construction Court)

MT Højgaard A/s v E.ON Climate And Renewables & Ors [2014] EWHC 1088 (TCC) (15 April 2014)

Source: www.bailii.org

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Claimant groups: 85% of injured workers not compensated – Law Society’s Gazette

‘More than 85% of people injured or made ill at work do not recover any compensation, a new report has stated.’

Full story

Law Society’s Gazette, 16th April 2014

Source: www.lawgazette.co.uk

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Callum Wilson murder: Mum Emma Wilson sentence increased – BBC News

‘A mother convicted of beating her 11-month-old son to death has had her “unduly lenient” sentence increased.’

Full story

BBC News, 15th April 2014

Source: www.bbc.co.uk

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Crohn’s patient Lizzie Rose loses egg-freezing case – BBC News

Posted April 16th, 2014 in assisted reproduction, health, human tissue, judicial review, news by tracey

‘A woman with Crohn’s disease has lost a legal challenge against a decision to refuse NHS funding to freeze her eggs.’

Full story

BBC News, 15th April 2014

Source: www.bbc.co.uk

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Baby in Alessandra Pacchieri forced caesarean case adopted – The Guardian

Posted April 16th, 2014 in adoption, birth, children, consent, Court of Protection, Italy, mental health, news by tracey

‘The daughter of an Italian woman who had a forced caesarean section while in the UK has been adopted by “good and loving people”, the country’s top family judge has announced.’

Full story

The Guardian, 15th April 2014

Source: www.guardian.co.uk

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War Horse musicians lose court bid for reinstatement – The Guardian

Posted April 16th, 2014 in contracts, employment, news, theatre by tracey

‘Five musicians who performed as a live band for four years in the West End production of the National Theatre’s hugely successful War Horse, but were then replaced by a recorded soundtrack, have lost their bid to be reinstated. But Mr Justice Cranston told Neyire Ashworth, Andrew Callard, Jonathan Eddie, David Holt and Colin Rae that their prospects at trial for a breach of contract by the National Theatre were “strong”.’

Full story

The Guardian, 15th April 2014

Source: www.guardian.co.uk

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Woman woke up on operating table as surgeons prepared to remove appendix – Daily Telegraph

Posted April 16th, 2014 in damages, hospitals, medical treatment, news, psychiatric damage by tracey

‘A woman who woke up on the operating table as surgeons prepared to remove her appendix but was unable to scream out, has won damages from the hospital responsible for the anaesthetic error.’

Full story

Daily Telegraph, 15th April 2014

Source: www.telegraph.co.uk

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Fraudster jailed for £4m boiler room scam – Daily Telegraph

Posted April 15th, 2014 in conspiracy, fraud, news, sentencing by tracey

‘John Curtin, one of five conspirators convicted for their roles in a £4 million boiler room scam, was jailed for three years yesterday. The 38 year old was the last of the five conspirators to be jailed. Brian James O’Brien, Lynne Jane D’Albertson, James Py and Damien Rodney Smith were sentenced in 2012.’

Full story

Daily Telegraph, 15th April 2014

Source: www.telegraph.co.uk

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Weber v Weber – WLR Daily

Posted April 15th, 2014 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by tracey

Weber v Weber: (Case C-438/12);   [2014] WLR (D)  165

‘There fell within the category of proceedings which had as their object “rights in rem in immovable property”, within the meaning of article 22(1) of Council Regulation (EC) No 44/2001, an action brought before the courts of another member state, seeking a declaration of invalidity of the exercise of a right of pre-emption attaching to that property and which produced effects with respect to all the parties. Before staying its proceedings in accordance with article 27(1) of Regulation No 44/2001, the court second seised was required to examine whether, by reason of a failure to take into consideration the exclusive jurisdiction laid down in article 22(1) thereof, the decision of the court first seised would be recognised in the other member states in accordance with article 35(1) of that Regulation.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

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Director of Public Prosecutions v Issler and others – WLR Daily

Posted April 15th, 2014 in emergency services, law reports, road traffic by tracey

Director of Public Prosecutions v Issler and others: [2014] EWHC 669 (Admin);   [2014] WLR (D)  164

‘For the purposes of the Road Vehicle (Construction and Use) Regulations 1986 and the Road Vehicles Lighting Regulations 1989 a vehicle used for “ambulance purposes” had to be capable of conveying sick, injured or disabled persons and do so with such frequency that that core activity might fairly and properly be designated as its primary use.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

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Kershaw v Roberts and another – WLR Daily

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, law reports by tracey

Kershaw v Roberts and another: [2014] EWHC 1037 (Ch);   [2014] WLR (D)  168

‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’

WLR Daily, 10th April 2014

Source: www.iclr.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted April 15th, 2014 in legislation by tracey

The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2014

The Social Security (Contributions) (Amendment No. 3) Regulations 2014

The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014

The Finance Act 2009, Sections 101 and 102 (Interest on Late Payments and Repayments), Appointed Days and Consequential Provisions Order 2014

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) (No. 2) Regulations 2014

The Plant Health (England) (Amendment) Order 2014

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014

The Dentists Act 1984 (Medical Authorities) Order 2014

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2014

The National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2014

The National Health Service (Property Expenses Scheme) (Amendment) Regulations 2014

The National Health Service (Liabilities to Third Parties Scheme) (Amendment) Regulations 2014

The Legislative and Regulatory Reform Code of Practice (Appointed Day) Order 2014

The Local Audit and Accountability Act 2014 (Commencement No. 2) Order 2014

The Local Government Finance Act 2012 (Transitional Provisions) Order 2014

The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2014

The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) (Amendment No.2) Regulations 2014

The European Parliamentary Elections (Amendment) Regulations 2014

The Police and Crime Commissioner Elections (Amendment) Order 2014

The Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2014

The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014

The Childcare (Welfare and Registration Requirements) (Amendment) Regulations 2014

The Social Security (Habitual Residence) (Amendment) Regulations 2014

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2014

The Diffuse Mesothelioma Payment Scheme (Amendment) Regulations 2014

The Stamp Duty and Stamp Duty Reserve Tax (Exchange Traded Funds) (Exemption) Regulations 2014

The Network Rail (Norton Bridge Area Improvements) Order 2014

The High Court and County Court Jurisdiction (Amendment) Order 2014

The Immigration and Nationality (Fees) Regulations 2014

The Customs (Inspections by Her Majesty’s Inspectors of Constabulary and the Scottish Inspectors) (Amendment) Regulations 2014

The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) (Amendment) Regulations 2014

The Copyright (Regulation of Relevant Licensing Bodies) Regulations 2014

The Statutory Sick Pay Percentage Threshold (Revocations, Transitional and Saving Provisions) (Great Britain and Northern Ireland) Order 2014

The Legal Officers (Annual Fees) (Amendment) Order 2014

The Legal Officers (Annual Fees) Order 2014

Source: www.legislation.gov.uk

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Supreme Court to hear case on EU migrants and temporary inability to work – Local Government Lawyer

‘The Supreme Court has agreed to hear an EU national’s appeal over a ruling that he was not eligible for housing assistance from a local authority as his inability to work was not temporary.’

Full story

Local Government Lawyer, 14th April 2014

Source: www.localgovernmentlawyer.co.uk

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