Database supported by UK servers means High Court can rule over alleged claims of infringement, says judge – OUT-LAW.com

Posted November 13th, 2012 in copyright, database right, EC law, jurisdiction, news by sally

“The High Court will determine whether a Dutch company, its managing director and two employees are liable for infringements of database rights and copyright as well as a breach of confidence after rejecting claims that the case should be heard in the Dutch courts.”

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OUT-LAW.com, 12th November 2012

Source: www.out-law.com

Command Papers – official-documents.gov.uk

Posted November 13th, 2012 in parliamentary papers by sally

Government response on the Eighty Second Report from the Committee of Public Accounts: Session 2010-12 and Government responses on the First to the Fourth and on the Sixth to the Tenth Reports from the Committee of Public Accounts: Session 2012-13, Cm 8467 (PDF)

Future Reserves 2020: Delivering the Nation’s Security Together, Cm 8475 (PDF)

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, Cm 8477 (PDF)

Source: www.official-documents.gov.uk

Criminologist Dr Silvia Casale to lead investigation in to the death in police custody of mentally ill man Sean Rigg – The Independent

Posted November 13th, 2012 in complaints, death in custody, inquiries, mental health, news, police by sally

“An international expert in the prevention of torture and inhuman treatment of prisoners is to lead an independent review into the way the death of a mentally ill man in police custody was investigated by the police watchdog.”

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The Independent, 12th November 2012

Source: www.independent.co.uk

Birmingham city council faces £757m bill to settle equal pay claims – The Guardian

Posted November 13th, 2012 in compensation, equal pay, local government, news by sally

“The country’s largest local authority faces a potential bill of £757m to settle a string of equal pay claims lodged by mainly women workers, amid speculation that other councils and private sector firms could be targeted by a new wave of legal action.”

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The Guardian, 12th November 2012

Source: www.guardian.co.uk

Peterborough ex-wife murder: Rimas Venclovas gets life sentence – BBC News

Posted November 13th, 2012 in domestic violence, kidnapping, murder, news, sentencing by sally

“A man who kidnapped and murdered his ex-wife in the UK before taking her body to Poland to bury it, has been jailed for life.”

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BBC News, 12th November 2012

Source: www.bbc.co.uk

Female genital mutilation: time for a prosecution – The Guardian

Posted November 13th, 2012 in child abuse, female genital mutilation, news, prosecutions, women by sally

“There has been legislation in this country to criminalise female genital mutilation (FGM) for 27 years and not one successful prosecution. Three cases referred to the Crown Prosection Service (CPS) in the last two years had significant evidential difficulties and were not pursued. Last week the Association of Women Barristers (AWB) and the CPS held a joint seminar to address these issues.”

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The Guardian, 13th November 2012

Source: www.guardian.co.uk

Abu Qatada: what happens next? – Head of Legal

Posted November 13th, 2012 in appeals, deportation, immigration, news, terrorism, tribunals by sally

“Abu Qatada has won his appeal against the Home Secretary Theresa May’s refusal to revoke the fresh deportation order she issued in his case this April, following assurances she’d received from the Jordanian government about his retrial, if and when he arrives there, on terrorist offences.”

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Head of Legal, 12th November 2012

Source: www.headoflegal.com

David Walliams and Lara Stone fail in harassment claim against photographer – The Independent

Posted November 12th, 2012 in harassment, injunctions, news, photography by sally

“Actor David Walliams and his model wife Lara Stone have failed to bring a harassment claim against a freelance photographer.”

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The Independent, 12th November 2012

Source: www.independent.co.uk

Residential Placement: The Upper Tribunal strikes again – Education Law Blog

Posted November 12th, 2012 in local government, news, residential care, special educational needs, tribunals by sally

“Special educational needs (“SEN”) cases involving residential placements are often particularly contentious: the pupil will often have (or be alleged to have) particularly significant SENs, but the local authority will be potentially facing a very large bill for such a placement. The issue has again been considered by the Upper Tribunal in London Borough of Hammersmith and Fulham v JH [2012] UKUT 328 (AAC).”

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Education Law Blog, 12th November 2012

Source: www.education11kbw.com

Abu Qatada wins appeal against deportation – The Guardian

Posted November 12th, 2012 in appeals, deportation, human rights, news, terrorism, torture by sally

“The radical Islamist cleric Abu Qatada has won his latest legal challenge against being sent back to Jordan where he faces allegations of plotting bomb attacks.”

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The Guardian, 12th November 2012

Source: www.guardian.co.uk

Spencer v General Osteopathic Council – WLR Daily

Spencer v General Osteopathic Council [2012] EWHC 3147 (Admin); [2012] WLR (D) 314

“The natural meaning of the language in the Osteopaths Act 1993 pointed to a threshold for the finding of ‘unacceptable professional conduct’ which there was no reason to distinguish from ‘misconduct’ in medical and dental legislation.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Gülbahce v Freie und Hansestadt Hamburg – WLR Daily

Posted November 12th, 2012 in cohabitation, EC law, law reports, migrant workers, retrospectivity by sally

Gülbahce v Freie und Hansestadt Hamburg (Case C-268/11); [2012] WLR (D) 313

“The first indent of article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council precluded the competent national authorities from withdrawing the residence permit of a Turkish worker with retroactive effect from the point in time at which there was no longer compliance with the ground on the basis of which his residence permit had been issued under national law if there was no question of fraudulent conduct on the part of that worker and that withdrawal occurred after the completion of the period of one year of legal employment provided for in the first indent of article 6(1).”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Hudson v Secretary of State for the Department for Work and Pensions – WLR Daily

Hudson v Secretary of State for the Department for Work and Pensions [2012] EWCA Civ 1416; [2012] WLR (D) 312

“Fixed-term contracts by which an employee worked on a government scheme regardless of when the scheme began or ended could not be included in any calculation of four years’ continuous employment which would otherwise allow a fixed-term employee to become a permanent employee.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

Speech at Bar Council Conference 2012 – Lady Justice Rafferty

Posted November 12th, 2012 in barristers, news, speeches by sally

Speech at Bar Council Conference 2012 (PDF)

Lady Justice Rafferty

Bar Council Conference 2012

Source: www.judiciary.gov.uk

Leveson Report: What price will the press have to pay? – The Guardian

Posted November 12th, 2012 in freedom of expression, inquiries, media, news, privacy, regulations by sally

“Lord Justice Leveson has an unenviable and, some say, impossible task: to come up with a press regulation plan that will at once preserve privacy and freedom of speech, and offer a solution to deal with the growing problem of libel in blogs and social media. So too has David Cameron when he receives Leveson’s long-awaited report at the end of this month.”

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The Guardian, 11th November 2012

Source: www.guardian.co.uk

Jailed for a crime you didn’t commit: Landmark case could be costly for UK – The Independent

Posted November 12th, 2012 in compensation, human rights, miscarriage of justice, news by sally

“Lorraine Allen is an unlikely crusader for justice. The 43-year-old grandmother wants the world to forget that she was wrongly accused of killing her baby and leave her to get on with life. But first she needs the authorities to accept that she was wrongly convicted and make amends. That could happen this week when Europe’s highest court for human rights hears Mrs Allen’s plea for compensation 12 years after she was wrongfully imprisoned for shaking her four-month-old son to death.”

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The Independent, 11th November 2012

Source: www.independent.co.uk

Wheelie bin murder: Karen Otmani jailed for killing boyfriend – The Guardian

Posted November 12th, 2012 in murder, news, sentencing by sally

“A woman who killed her lover and hid his body in a wheelie bin in her bedroom for 11 days has been jailed for life.”

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The Guardian, 12th November 2012

Source: www.guardian.co.uk

Do Human Rights Make Bad Citizens? – Lord Justice Laws

Posted November 12th, 2012 in citizenship, constitutional law, human rights, news, proportionality by sally

Do Human Rights Make Bad Citizens? (PDF)

Lord Justice Laws

Northumbria University, Inaugural Lecture 2012

Source: www.judiciary.gov.uk

Prisons Bill to block mobile phones – Ministry of Justice

Posted November 12th, 2012 in bills, news, prisons, telecommunications by sally

“Legislation providing new powers to block mobile phone signals in prisons has progressed in the House of Lords.”

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Ministry of Justice, 9th November 2012

Source: www.justice.gov.uk

Payment surcharge ban should apply to all businesses, says OFT – OUT-LAW.com

Posted November 12th, 2012 in consumer protection, fees, news by sally

“A ban on payment surcharges above the cost of processing a transaction should apply to all businesses, the Office of Fair Trading (OFT) has said.”

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OUT-LAW.com, 9th November 2012

Source: www.out-law.com