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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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

Budějovický Budvar, národní podnik v Anheuser-Busch Inc (Case C-482/09) – WLR Daily

Posted September 27th, 2011 in EC law, law reports, trade marks by sally

Budějovický Budvar, národní podnik v Anheuser-Busch Inc

“Acquiescence, within the meaning of article 9(1) of First Council Directive 89/104/EEC, was a concept of European Union law and the proprietor of an earlier trade mark could not be held to have acquiesced in the long and well-established honest use, of which he had long been aware, by a third party of a later trade mark which was identical with that of the proprietor if that proprietor was not in any position to oppose that use. Registration of the earlier trade mark in the member state concerned did not constitute a prerequisite for the running of the period of limitation in consequence of acquiescence prescribed in article 9(1).”

(Case C-482/09); [2011] WLR (D) 279

WLR Daily, 22nd September 2011

Source: www.iclr.co.uk

Police right not to release anonymised sex offender statistics on teachers, Tribunal rules – OUT-LAW.com

Posted September 27th, 2011 in anonymity, freedom of information, news, sexual offences, statistics, tribunals by sally

“Police did not have to disclose anonymised data about the number of teachers investigated and charged for sexual offences as the information could have been used to identify individuals, a Information Rights Tribunal has ruled.”

Full story

OUT-LAW.com, 26th September 2011

Source: www.out-law.com

Leveson inquiry to hear expert evidence – The Guardian

Posted September 27th, 2011 in expert witnesses, inquiries, interception, media, news, telecommunications by sally

“Two experts on banking and financial services law have been invited to make presentations to the Leveson inquiry as part of its bid to come up with a new model for press regulation in the wake of the phone-hacking scandal.”

Full story

The Guardian, 26th September 2011

Source: www.guardian.co.uk

Moat inquest to examine taser use – The Independent

Posted September 27th, 2011 in inquests, news, police, weapons by sally

“A jury at the inquest of cornered killer Raoul Moat will consider whether police should have used unauthorised Taser weapons on the night, the coroner has said.”

Full story

The Independent, 26th September 2011

Source: www.independent.co.uk

Dale Farm residents win further reprieve – The Guardian

Posted September 27th, 2011 in enforcement notices, injunctions, local government, news, repossession, travellers by sally

“Judge extends injunction to stop evictions at illegal Travellers’ site, saying council enforcement notices lacked clarity.”

Full story

The Guardian, 26th September 2011

Source: www.guardian.co.uk

Regulator warns of secret app charges and proposes industry guidance – OUT-LAW.com

Posted September 27th, 2011 in consultations, consumer protection, news, telecommunications by sally

“Some makers of mobile phone apps are secretly charging phone users for services they never asked for, premium rate phone regulator PhonepayPlus (PPP) has said. It has proposed guidance that it hopes would prevent consumers being harmed.”

Full story

OUT-LAW.com, 27th September 2011

Source: www.out-law.com