Valuers Breathe Sigh of Relief – Hardwicke Chambers

Posted September 28th, 2011 in mortgages, negligence, news, valuation by sally

“Since the early 1990s it has been common place for ‘the ordinary domestic householder purchasing his own home’ to pursue the valuer contracted by the prospective mortgagee for negligent over-valuation.”

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Hardwicke Chambers, 19th September 2011

Source: www.hardwicke.co.uk

Nowhere to run: insolvency is no protection from possession proceedings – Zenith Chambers

Posted September 28th, 2011 in debts, insolvency, landlord & tenant, news, rent by sally

“Social landlords face a constant struggle trying to persuade heavily indebted tenants that paying rent is a priority over paying off the tenants’ bigger, more threatening creditors.”

Full story (PDF)

Zenith Chambers, 13th September 2011

Source: www.zenithchambers.co.uk

Settling Employment Claims: some recent developments – 11KBW

Posted September 28th, 2011 in contract of employment, news by sally

“The settlement of ordinary commercial disputes is familiar territory for all lawyers, and settlements rarely require any particular formalities beyond sufficient clarity as to the terms of the agreement. This is equally so for purely contractual disputes in the field of employment, but there the comparison stops. It is a basic principle of statutory employment rights that the parties cannot simply contract out of the rights, and therefore particular formality is needed to effect an enforceable settlement of any employment dispute where the employee may make a claim based on statutory employment rights.”

Full story (PDF)

11KBW, 23rd September 2011

Source: www.11kbw.com

Arbitrator’s work with lawyers on separate case will not make him biased, rules High Court – OUT-LAW.com

Posted September 28th, 2011 in arbitration, conflict of interest, news by sally

“An arbitrator is not likely to be biased by the mere fact that he is working for one of the parties on an unrelated case, a judge has said.”

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OUT-LAW.com, 28th September 2011

Source: www.out-law.com

Brain-damaged woman should not be allowed to die, high court rules – The Guardian

Posted September 28th, 2011 in euthanasia, families, medical ethics, medical treatment, news by sally

“A brain-damaged, minimally-conscious woman should not be allowed to die, a high court judge has ruled.”

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The Guardian, 28th September 2011

Source: www.guardian.co.uk

Simplifying the law of kidnapping – Law Commission

Posted September 28th, 2011 in consultations, fraud, kidnapping, news by sally

“In a consultation opening today, the Law Commission is seeking views on its provisional ideas for reform of the common law offence of kidnapping. The existing definition of kidnapping is unclear and leaves room for confusion. The Commission aims to clarify the definition of kidnapping, rectify the problems associated with the current law and ensure that all types of kidnapping can be dealt with efficiently by the courts.”

Full story

Law Commission, 28th September 2011

Source: www.justice.gov.uk

Interflora Inc and another v Marks & Spencer plc (Case C-323/09) – WLR Daily

Posted September 28th, 2011 in advertising, EC law, internet, law reports, trade marks by sally

Interflora Inc and another v Marks & Spencer plc (Case C-323/09); [2011] WLR (D) 281

“Article 5(1)(a) of First Council Directive 89/104/EEC and article 9(1)(a) of Council Regulation (EC) No 40/94 on the Community trade mark was to be interpreted as meaning that the proprietor of a trade mark was entitled to prevent a competitor from advertising on the basis of a keyword which was identical with the trade mark and which had been selected in an internet referencing service by the competitor without the proprietor’s consent, where that use was liable to have an adverse effect on one of the functions of the trade mark. Article 5(2) of Directive 89/104 and article 9(1)(c) of Regulation No 40/94 was to be interpreted as meaning that the proprietor of a trade mark with a reputation was entitled to prevent a competitor from advertising on the basis of a keyword corresponding to that trade mark, which the competitor had, without the proprietor’s consent, selected in an internet referencing service, where the competitor thereby took unfair advantage of the distinctive character or repute of the trade mark (free-riding) or where the advertising was detrimental to that distinctive character (dilution) or to that repute (tarnishment).”

WLR Daily, 22nd September 2011

Source: www.iclr.co.uk

Egan v Basildon Borough Council – WLR Daily

Posted September 28th, 2011 in enforcement notices, law reports, local government, news, planning, travellers by sally

Egan v Basildon Borough Council [2011] EWHC 2416 (QB); [2011] WLR (D) 280

“The date of construction of unlawfully erected buildings or structures could be critical when enforcement action was proposed pursuant to a notice to rectify breaches of planning control.”

WLR Daily, 26th September 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 28th, 2011 in legislation by sally

The National Minimum Wage (Amendment) Regulations 2011

The National Minimum Wage (Amendment) (No.2) Regulations 2011

The Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011

The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2011

The Health Research Authority Regulations 2011

The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2011

The Health Research Authority (Establishment and Constitution) Order 2011

Source: www.legislation.gov.uk

Lawcast 198: Catherine Bailey on Marketing The Bar – Charon QC

Posted September 28th, 2011 in advertising, barristers, podcasts by sally

“Today I am talking to Catherine Bailey founder and managing director of Bar marketing Limited. With the changing legal landscape, the cuts in legal aid and competition from solicitor-advocates there can be no better time for barristers to market themselves within, of course, the rules of ethics prescribed by the Bar Council and Bar Standards Board.

We look at the opportunities open to the Bar generally, procurecos, direct access and the value of social media and the net.”

Podcast

Charon QC, 28th September 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Riots appeal judges to review BBC news coverage – The Guardian

Posted September 28th, 2011 in appeals, judiciary, media, news, sentencing, violent disorder by sally

“Three appeal court judges are to view BBC television news coverage of the summer riots before they decide whether any of the sentences handed down were excessive.”

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The Guardian, 27th September 2011

Source: www.guardian.co.uk

Harsh sentences were suited to ‘ghastliness’ of looting, Chief Justice tells appeal – The Independent

Posted September 28th, 2011 in appeals, judiciary, news, sentencing, violent disorder by sally

“Britain’s most senior judge said the lengthy sentences meted out to rioters reflected the ‘ghastliness’ of the unrest that swept through England in August, as he heard the first batch of challenges by defendants jailed for their involvement.”

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The Independent, 28th September 2011

Source: www.independent.co.uk

Appeal court criticises judge’s approach to riot sentencing – The Guardian

Posted September 28th, 2011 in appeals, judiciary, news, sentencing, violent disorder by sally

“A Manchester judge who made influential comments on sentencing offenders in the immediate aftermath of the August riots has been criticised by the appeal court.”

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The Guardian, 27th September 2011

Source: www.guardian.co.uk

Warning over kidnap legal loophole – BBC News

Posted September 28th, 2011 in consultations, fraud, kidnapping, news by sally

“A loophole means some people guilty of kidnap may not face the full force of the law, the government’s law reform experts have warned.”

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BBC News, 28th September 2011

Source: www.bbc.co.uk

ICO publishes guide to university research disclosure – OUT-LAW.com

Posted September 28th, 2011 in disclosure, electronic mail, freedom of information, news, universities by sally

“University workers must release information from personal webmail accounts on request if it is related to public business, the Information Commissioner’s Office (ICO) has said.”

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OUT-LAW.com, 27th September 2011

Source: www.out-law.com

Max Mosley loses privacy law appeal bid – The Independent

Posted September 28th, 2011 in appeals, freedom of expression, human rights, media, news, privacy by sally

“Human rights judges have rejected an appeal by ex-Formula One boss Max Mosley against his failed bid to force a change in UK privacy laws.”

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The Independent, 27th September 2011

Source: www.independent.co.uk

Raoul Moat death was suicide, inquest jury rules – The Guardian

Posted September 28th, 2011 in coroners, inquests, news, police, suicide, weapons by sally

“The fugitive gunman Raoul Moat took his own life after police fired an unapproved Taser at him, an inquest jury decided on Tuesday. The jury concluded that the armed officers had behaved properly during the six-hour stand-off with the 37-year-old former bouncer at Rothbury, Northumberland, in July 2010.”

Full story

The Guardian, 27th September 2011

Source: www.guardian.co.uk