Nokia Oyj (Nokia Corpn) v IPCom GmbH & Co KG – WLR Daily

Posted October 28th, 2011 in law reports, patents by tracey

Nokia Oyj (Nokia Corpn) v IPCom GmbH & Co KG: [2011] EWHC 2719 (Pat);  [2011] WLR (D)  303

“Section 63(2) of the Patents Act 1977 was not intended to act as a sanction against careless drafting or lack of good faith when those matters had no bearing on the damages or other remedy sought by the patentee.”

WLR Daily, 26th October 2011

Source: www.iclr.co.uk

Construction Industry Training Board v Beacon Roofing Ltd – WLR Daily

Posted October 28th, 2011 in construction industry, employment, law reports by tracey

Construction Industry Training Board v Beacon Roofing Ltd: [2011] EWCA Civ 1203;  [2011] WLR (D)  302

“The issue as to whether the purpose of an agreement or arrangement between an employer and another person was wholly or mainly the provision of that or any other person’s services to the employer in his trade or business within the definition of a ‘labour-only agreement’ in article 2(1)(h) of the Industrial Training Levy (Construction Industry Training Board) Order 2009 was to be determined objectively by reference to the terms of the contract and the relevant background, and not by reference to the reasons of either or both of the parties for entering into the contract.”

WLR Daily, 26th October 2011

Source: www.iclr.co.uk

Taylor Wimpey wins High Court planning battle – OUT-LAW.com

Posted October 28th, 2011 in news, planning by tracey

“Developer Taylor Wimpey has won a High Court planning case against the Secretary of State to build more homes on its greenbelt development in Surrey.”

Full story

OUT-LAW.com, 27th October 2011

Source: www.out-law.com

Clarke: Tough intelligent sentences – Ministry of Justice

Posted October 28th, 2011 in press releases, sentencing by tracey

“Justice Secretary Kenneth Clarke has today announced a new sentencing regime.”

Full press release

Ministry of Justice, 26th October 2011

Source: www.justice.gov.uk

First football club signs sports charter – Home Office

Posted October 28th, 2011 in homosexuality, press releases, sexual orientation discrimination, sport by tracey

“Last night, Wycombe Wanderers became the first football club to sign the Charter against homophobia and transphobia in sport.”

Full press release

Home Office, 26th October 2011

Source: www.homeoffice.gov.uk

Consultation on ‘Clare’s Law’ launched – Home Office

Posted October 28th, 2011 in consultations, domestic violence, press releases by tracey

“The public are to be asked their views on whether to introduce a scheme for disclosing information about an individual’s history of domestic violence to a new partner, the Home Secretary Theresa May announced today.”

Full press release

Home Office, 25th October 2011

Source: www.homeoffice.gov.uk

We will consult on a new Code of Conduct for barristers and Alternative Business Structures – Bar Standards Board

“We will issue a new consultation on a future Code of Conduct for the profession and legal business structures. The consultation will be released in January 2012.”

Full press release

Bar Standards Board, 27th October 2011

Source: www.barstandardsboard.org.uk

New requirements for first tier complaints handling – Bar Standards Board

Posted October 28th, 2011 in barristers, complaints, press releases, professional conduct by tracey

“Following extensive consultation with the Bar, practice managers and senior clerks, we are now in a position to release the final requirements for Chambers in relation to first tier complaints handling. These arrangements have been approved by the Legal Services Board. The requirements place an obligation on Chambers and barristers to ensure that the lay client is aware of their right to complain to Chambers and to the Legal Ombudsman.”

Full story

Bar Standards Board, 25th October 2011

Source: www.barstandardsboard.org.uk

A Manifesto for Family Justice – Alliance of Interest Groups Calls on Government to Change Plans – The Bar Council

Posted October 28th, 2011 in families, family courts, legal aid, press releases, victims by tracey

“An alliance of organisations which represents the rights and needs of women, children, families and victims of domestic abuse and/or are engaged in the administration of family justice, has published a Manifesto for Family Justice, ahead of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill moving into Report Stage in the House of Commons.”

Full press release

The Bar Council, 24th October 2011

Source: www.barcouncil.org.uk

Unlocking Disputes: Groundbreaking New Industry-Led Campaign Promotes London as the Global Dispute Resolution Centre – The Bar Council

Posted October 28th, 2011 in courts, dispute resolution, press releases by tracey

“Unlocking Disputes, the groundbreaking new industry-led campaign to promote London as the global dispute resolution centre, will be unveiled this evening at Rolls Building, London’s brand new court complex specialising in financial, business and property litigation.”

Full press release

The Bar Council, 27th October 2011

Source: www.barcouncil.org.uk

Suzanne Knox spared jail over husband’s pavement death – BBC News

Posted October 28th, 2011 in dangerous driving, news, sentencing by tracey

“A woman who drove her car into her husband in Suffolk, killing him, has been given a suspended jail sentence.”

Full story

BBC News, 27th October 2011

Source: www.bbc.co.uk

European Court of Human Rights reform ‘will take time’ – BBC News

Posted October 28th, 2011 in constitutional reform, human rights, news by tracey

“Ministers have said attempts to reform the European Court of Human Rights will ‘take time’ as the UK must persuade 46 other nations of the need for change.”

Full story

BBC news, 27th October 2011

Source: www.bbc.co.uk

Is the Attorney General right on prisoner votes and subsidiarity? – Dr Ed Bates – UK Human Rights Blog

Posted October 28th, 2011 in elections, human rights, news, prisons by tracey

“In his speech earlier this week the Attorney General announced that he would appear in person before the Grand Chamber of the European Court of Human Rights in two weeks’ time, when it hears Scoppola v Italy No2, a case concerning prisoner voting. The United Kingdom is due to intervene in this case, for reasons that readers of this blog will be fully aware of.”

Full story

UK Human Rights Blog, 27th October 2011

Source: http://ukhumanrightsblog.com

NHS maternity deaths: patients still at risk, Care Quality Commission warns – The Guardian

Posted October 28th, 2011 in birth, complaints, hospitals, news by tracey

“Watchdog publishes damning report into deaths at two London hospitals, Queen’s in Romford and King George’s in Goodmayes.”

Full story

The Guardian, 27th October 2011

Source: www.guardian.co.uk

Met chief says officers’ use of fake identities in court was not illegal – The Guardian

Posted October 28th, 2011 in evidence, news, perjury, police by tracey

“Britain’s most senior police officer has defended the practice of undercover officers using fake identities in court, claiming there is no specific law forbidding it. Bernard Hogan-Howe, the Metropolitan police commissioner, made the comments as he announced that Scotland Yard has begun two new inquiries.”

Full story

The Guardian, 27th October 2011

Source: www.guardian.co.uk

Legal aid lawyers overpaid by £50m – Daily Telegraph

Posted October 28th, 2011 in accounts, fees, legal aid, news by tracey

“Lawyers were overpaid by more than £50 million for legal aid work last year, auditors have discovered.”

Full story

Daily Telegraph, 27th October 2011

Source: www.telegraph.co.uk

David Cameron declares an end to ‘outdated’ laws on succession – Daily Telegraph

Posted October 28th, 2011 in news, royal family, succession by tracey

“Heralding an end to more than 300 years of English constitutional tradition, the Prime Minister will urge Commonwealth leaders to end laws that pass the Crown to the oldest male heir. Under the current rules of primogeniture, any male child takes precedence in the order of succession over his sisters. That would mean that any son born to Prince William would become King even if he had an older sister.”

Full story

Daily Telegraph, 28th October 2011

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted October 27th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Rheines v R. [2011] EWCA Crim 2397 (26 October 2011)

R. v E [2011] EWCA Crim 2393 (06 October 2011)

Court of Appeal (Civil Division)

The Construction Industry Training Board (aka CITB-Construction Skills) v Beacon Roofing Ltd [2011] EWCA Civ 1203 (26 October 2011)

High Court (Queen’s Bench Division)

Morrissey v McNicholas & Anor [2011] EWHC 2738 (QB) (26 October 2011)

High Court (Administrative Court)

BA, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2748 (Admin) (26 October 2011)

High Court (Commercial Court)

Glencore Energy (UK) Ltd v Sonol Israel Ltd [2011] EWHC 2756 (Comm) (26 October 2011)

High Court (Admiralty Division)

MIOM 1 Ltd & Anor v Sea Echo ENE (No 2) [2011] EWHC 2715 (Admlty) (26 October 2011)

High Court (Patents Court)

Nokia OYJ (Nokia Corporation) v IPCom GmbH & Co Kg [2011] EWHC 2719 (Pat) (26 October 2011)

Protecting Kids the World Over (PKTWO) Ltd, Re [2011] EWHC 2720 (Pat) (26 October 2011)

Source: www.bailii.org

Psychiatric patient loses groundbreaking appeal – The Guardian

Posted October 27th, 2011 in appeals, detention, mental health, news, tribunals by sally

“The first psychiatric patient to have an appeal against detention heard in public lost his legal battle to be freed from Broadmoor hospital on Wednesday.”

Full story

The Guardian, 26th October 2011

Source: www.guardian.co.uk

Costs rule ‘will fuel litigation’ – Law Society’s Gazette

Posted October 27th, 2011 in costs, news, proportionality, speeches by sally

“Litigators may face a tough new rule on the ‘proportionality’ of their costs that could fuel satellite litigation and uncertainty, experts warned last week.”

Full story

Law Society’s Gazette, 27th October 2011

Source: www.lawgazette.co.uk