Public Relations Consultants Association Limited (Appellant) v The Newspaper Licensing Agency Limited and others (Respondents) – Supreme Court

Posted April 18th, 2013 in copyright, internet, law reports, licensing, media, Supreme Court by sally

Public Relations Consultants Association Limited (Appellant) v The Newspaper Licensing Agency Limited and others (Respondents) [2013] UKSC 18 | UKSC 2011/0202 (YouTube)

Supreme Court, 17th April 2013

Source: www.youtube.com/user/UKSupremeCourt

How to challenge a parking ticket – The Guardian

Posted April 18th, 2013 in appeals, contracts, fines, news, parking by sally

“Don’t be taken for a ride over parking tickets – know your rights on private car parks, penalty charges and your right to appeal.”

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The Guardian, 18th April 2013

Source: www.guardian.co.uk

High Court issues strong warning over costs budget mistakes – Litigation Futures

Posted April 18th, 2013 in budgets, costs, news by sally

“It will usually be ‘extremely difficult’ to persuade a court to revise a costs budget that contains mistakes, even if the other party has not been misled or suffered prejudice, the High Court has warned.”

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Litigation Futures, 18th April 2013

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted April 18th, 2013 in law reports by sally

Supreme Court

Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd & Ors [2013] UKSC 18 (17 April 2013)

Jones v First Tier Tribunal & Anor (Rev 1) [2013] UKSC 19 (17 April 2013)

Court of Appeal (Criminal Division)

Dixon v R [2013] EWCA Crim 465 (17 April 2013)

Court of Appeal (Civil Division)

Woolway (Valuation Officer) v Mazars LLP [2013] EWCA Civ 368 (17 April 2013)

Olympic Airlines SA v ACG Acquisition XX LLC [2013] EWCA Civ 369 (17 April 2013)

Fortress Value Recovery Fund I LLC & Ors v Blue Skye Special Opportunities Fund LP & Ors [2013] EWCA Civ 367 (17 April 2013)

Reeves (Listing Officer) v Northrop [2013] EWCA Civ 362 (17 April 2013)

Abdollahi, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 366 (17 April 2013)

George v The Ministry of Justice [2013] EWCA Civ 324 (17 April 2013)

High Court (Queen’s Bench Division)

Banwaitt v Dewji [2013] EWHC 879 (QB) (17 April 2013)

Renpower Investments Ltd v Clark Willmott LLP & Anor [2013] EWHC 800 (QB) (17 April 2013)

High Court (Chancery Division)

International Stem Cell Corporation v Comptroller General of Patents [2013] EWHC 807 (Ch) (17 April 2013)

High Court (Family Division)

A and S (Children) v Lancashire County Council [2013] EWHC 851 (Fam) (17 April 2013)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted April 18th, 2013 in legislation by sally

The Promotion of the Use of Energy from Renewable Sources (Amendment) Regulations 2013

The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2013

Source: www.legislation.gov.uk

More than 1,600 law firms and barristers now on Legal Ombudsman’s complaints list – Legal Futures

Posted April 18th, 2013 in barristers, complaints, law firms, legal ombudsman, news by sally

“The names of 1,617 law firms and barristers who have been the subject of a formal decision by the Legal Ombudsman (LeO) are now in the public domain.”

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Legal Futures, 18th April 2013

Source: www.legalfutures.co.uk

The Bellwether Report 2013: Survive or Thrive? – Legal Week

Posted April 18th, 2013 in law firms, legal profession, news, reports by sally

“The LexisNexis Bellwether Report, Survive or Thrive?, takes the temperature of independent lawyers, sole practitioners and owner/lawyers in smaller law firms, to see how they are dealing with the current financial, regulatory and legal climate.”

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Legal Week, 17th April 2013

Source: www.legalweek.com

Supreme court rules web browsing does not infringe newspapers’ copyright – The Guardian

Posted April 18th, 2013 in appeals, copyright, internet, licensing, media, news, Supreme Court by sally

“The UK supreme court has ruled that readers who open articles via a website link are not breaking the law, overturning the high court’s ruling that browsing was a breach of newspaper owners’ copyright.”

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The Guardian, 17th April 2013

Source: www.guardian.co.uk

Not So Great Expectations – NearlyLegal

Posted April 18th, 2013 in appeals, disabled persons, housing, local government, news by sally

“We are all aware that there is no general entitlement to permanent accommodation via the Part VII route (R v Brent ex p Awua). So it is interesting to find a s.204 appeal where it was argued that the Appellant had a legitimate expectation of permanent accommodation in preference to anything else that the Council might offer.”

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NearlyLegal, 17th April 2013

Source: www.nearlylegal.co.uk

Luke Harwood death: Three guilty of playing field murder – BBC News

“Two men and a woman have been found guilty of the murder of a teenager whose body was found in a playing field in east London.”

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BBC News, 17th April 2013

Source: www.bbc.co.uk

Facebook comment leaves juror facing contempt charge – The Guardian

Posted April 18th, 2013 in contempt of court, internet, juries, news, prosecutions by sally

“A juror will be prosecuted for contempt of court after allegedly writing on Facebook that he wanted to “f*** up a paedophile” during the trial of a convicted child sex offender.”

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The Guardian, 17th April 2013

Source: www.guardian.co.uk

Paralysed builder to carry on Tony Nicklinson’s right-to-die battle – The Guardian

Posted April 18th, 2013 in appeals, assisted suicide, disabled persons, human rights, news by sally

“A paralysed builder who has required round-the-clock care since a car accident 23 years ago has applied to the high court to be allowed to die with the help of a doctor, carrying on the legal fight begun by another seriously disabled man last year.”

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The Guardian, 18th April 2013

Source: www.guardian.co.uk

Unauthorised browsing of copyrighted material online is legitimate, says UK Supreme Court – OUT-LAW.com

Posted April 17th, 2013 in copyright, EC law, internet, news, Supreme Court by sally

“The UK Supreme Court has asked the EU’s highest court to rule on whether the temporary copies that computers make to allow material to be read online breach copyright laws.”

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OUT-LAW.com, 17th April 2013

Source: www.out-law.com

Command Papers – official-documents.gov.uk

Posted April 17th, 2013 in parliamentary papers by sally

The draft Anti-social Behaviour Bill: pre-legislative scrutiny, Cm 8607 (PDF)

Wild Animals in Circuses, Cm 8538 (PDF)

National Minimum Wage, Cm 8565 (PDF)

Human Rights and Democracy: The 2012 Foreign & Commonwealth Office Report, Cm 8593 (PDF)

Independent Police Complaints Commission, Cm 8598 (PDF)

Treaty on the Transfer of Sentenced Persons between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United Arab Emirates, Cm 8604 (PDF)

Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia for Defence and Security Cooperation, Cm 8603 (PDF)

Source: www.official-documents.gov.uk

Fast-track legislation preventing proper scrutiny, says rights committee – The Guardian

“The increasing use emergency legislation, lack of adequate debating time and insertion of last-minute amendments are preventing effective parliamentary scrutiny of new laws, a committee has said.”

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The Guardian, 15th April 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 17th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Cosford & Ors v R [2013] EWCA Crim 466 (16 April 2013)

Cairns v R [2013] EWCA Crim 467 (16 April 2013)

Morris v R [2013] EWCA Crim 436 (16 April 2013)

Khan & Ors v R [2013] EWCA Crim 468 (16 April 2013)

Foran v R [2013] EWCA Crim 437 (16 April 2013)

Court of Appeal (Civil Division)

Bibi & Anor, R (on the application of) v Secretary of State for the Home Department (Rev 1) [2013] EWCA Civ 322 (12 April 2013)

Obiorah v London Borough of Lewisham [2013] EWCA Civ 325 (12 April 2013)

High Court (Queen’s Bench Division)

Smith v Dha [2013] EWHC 838 (QB) (12 April 2013)

Ecclestone v Medway NHS Foundation Trust [2013] EWHC 790 (QB) (12 April 2013)

High Court (Administrative Court)

CF v Secretary of State for the Home Department [2013] EWHC 843 (Admin) (12 April 2013)

H, R (on the application of) v Kingston Upon Hull City Council [2013] EWHC 388 (Admin) (08 April 2013)

Dr EY v General Medical Council [2013] EWHC 860 (Admin) (15 April 2013)

High Court (Chancery Division)

HSBC Bank v Tambrook Jersey Ltd [2013] EWHC 866 (Ch) (12 April 2013)

High Court (Family Division)

FT and NT (Children), Re [2013] EWHC 850 (Fam) (11 April 2013)

DW (A Minor) & Anor v SG [2013] EWHC 854 (Fam) (12 April 2013)

High Court (Technology and Construction Court)

Murray & Anor v Neil Dowlman Architecture Ltd [2013] EWHC 872 (TCC) (16 April 2013)

West & Anor v Ian Finlay & Associates (A Firm) [2013] EWHC 868 (TCC) (16 April 2013)

Lazari v London & Newcastle (Camden) Ltd [2013] EWHC 812 (TCC) (15 April 2013)

Manolete Partners Plc v Hastings Borough Council [20131 EWHC 842 (TCC) (12 April 2013)

High Court (Commercial Court)

FXCM Securities v Digby [2013] EWHC 762 (Comm) (15 February 2013)

High Court (Patents Court)

Resolution Chemicals Ltd v H. Lundbeck A/S [2013] EWHC 739 (Pat) (12 April 2013)

Source: www.bailii.org

Commerzbank ‘victimised’ employee over discrimination case, tribunal rules – The Guardian

“A City banker was ‘victimised’ by her bank after it discovered she was suing her former employer for sexual discrimination, a tribunal has ruled. Latifa Bouabdillah was sacked by Commerzbank after less than a month when her boss heard she was suing her former employer, Deutsche Bank, for more than £1m in damages for sexual discrimination.”

Full story

The Guardian, 15th April 2013

Source: www.guardian.co.uk

Banks Take First Round In Interest Rate Swap Mis-Selling Claims – No. 5 Chambers

Posted April 17th, 2013 in banking, financial regulation, interest, news, unfair commercial practices by sally

“Following the announcement in June 2012 by the Financial Services Authority of a two month investigation in to the sale (and in particular mis-selling) of interest rate hedging products such as swaps, collars, structured collars there is considerable interest in whether such claims are likely, following Payment Protection Insurance, to become another key battleground in financial services litigation.”

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No. 5 Chambers, 7th February 2013

Source: www.no5.com

What’s Wrong with Money Laundering? – No. 5 Chambers

“Quite a lot, actually. This note considers, two recent High Court (QBD) decisions: Shah v HSBC [2012] EWHC 1283 (Supperstone J.) that clarifies the effect of making a ‘consent’ SAR – to the advantage and benefit of banks and solicitors but disadvantage of their customers and clients; and Dare v CPS [2012] EWHC 2074 (Bean J.) that provides an explanation of what it means to ‘facilitate’ a transaction under PoCA s. 328. In addition there is an afterword about the continuing problem of legal privilege that remains a little discussed, but unresolved, problem for solicitors.”

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No. 5 Chambers, 4th February 2013

Source: www.no5.com

Private Trusts and the Court of Protection – No. 5 Chambers

Posted April 17th, 2013 in Court of Protection, damages, gifts, news, trusts by sally

“The Court of Protection has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. Among its various roles the Court is responsible for determining disputes as to the registration of enduring powers of attorney (“EPA”), and Lasting Powers of Attorney (‘LPA’), appointing new trustees, authorising certain gifts and making statutory wills.”

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No. 5 Chambers, 4th February 2013

Source: www.no5.com