Council ordered to fund support for disabled Roma boy when outside area – Local Government Lawyer

‘A High Court judge has ruled that a council has the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside the council’s borders.’

Full story

Local Government Lawyer, 6th December 2013

Source: www.localgovernmentlawyer.co.uk

TalkTalk v Ofcom – the Court of Appeal stresses that market definition is a tool not an end – Competition Bulletin from Blackstone Chambers

Posted December 9th, 2013 in appeals, competition, news, telecommunications by sally

‘The Court of Appeal, in TalkTalk v Ofcom [2013] EWCA Civ 1318, recently gave an important reminder to all competition practitioners that market definitions are a tool rather than an end: what matters is substance not form.’

Full story

Competition Bulletin from Blackstone Chambers, 9th December 2013

Source: www.competitionbulletin.com

High Court judge warns of dangers of lawyers “over-specialising” – Legal Futures

Posted December 9th, 2013 in barristers, jurisdiction, legal education, legal profession, news, queen's counsel by sally

‘Specialisation in the legal profession has narrowed to the point where it is possible for a barrister to become a Queen’s Counsel without ever having cross-examined a witness, according to Mr Justice Rabinder Singh.’

Full story

Legal Futures, 6th December 2013

Source: www.legalfutures.co.uk

Continued detention pending removal of failed asylum seeker on hunger strike not unlawful – UK Human Rights Blog

‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’

Full story

UK Human Rights Blog, 6th December 2013

Source: www.ukhumanrightsblog.com

The Permissive Notice – NearlyLegal

Posted December 9th, 2013 in appeals, interpretation, landlord & tenant, news, repossession by sally

‘Spencer v Taylor [2013] EWCA Civ 1600. This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report.’

Full story

NearlyLegal, 8th December 2013

Source: www.nearlylegal.co.uk

Judges to rule on ‘right to die’ – Daily Telegraph

Posted December 9th, 2013 in appeals, assisted suicide, bills, human rights, judiciary, news, Supreme Court by sally

‘A panel of Britain’s most senior judges are preparing to make a landmark ruling over attempts to introduce a ”right to die” under human rights legislation.’

Full story

Daily Telegraph, 8th December 2013

Source: www.telegraph.co.uk

Violent rapist jailed after court of appeal quashes acquittal – The Guardian

‘A violent rapist has been jailed for life after a landmark legal ruling in which his original acquittal for the offence was quashed by the court of appeal.’

Full story

The Guardian, 7th December 2013

Source: www.guardian.co.uk

Couples should not have children until they are ready to marry, says High Court judge – The Independent

Posted December 9th, 2013 in children, cohabitation, families, judges, marriage, news, statistics, taxation by sally

‘A senior High Court judge has argued that couples should not have children until they are ready to wed.’

Full story

The Independent, 8th December 2013

Source: www.independent.co.uk

Muslim vigilantes jailed for ‘sharia law’ attacks in London – The Guardian

Posted December 9th, 2013 in assault, harassment, intimidation, Islam, news, sentencing, threatening behaviour by sally

‘Three members of a self-styled “Muslim Patrol” vigilante group have been jailed for harassing, intimidating and assaulting people on the streets of east London while claiming they were enforcing sharia law.’

Full story

The Guardian, 6th December 2013

Source: www.guardian.co.uk

Killer Marine told he ‘increased risk of revenge attacks’ and sentenced to minimum 10 years – Daily Telegraph

Posted December 6th, 2013 in armed forces, murder, news, sentencing by tracey

‘Royal Marine filmed executing injured Taliban insurgent in cold blood is given ten year minimum jail sentence, as judge tells him: “You have betrayed all British service personnel. ” ‘

Full story

Daily Telegraph, 6th December 2013

Source: www.telegraph.co.uk

Detective jailed after failing to investigate alleged rape – Daily Teleraph

Posted December 6th, 2013 in misfeasance in public office, news, police, sentencing by tracey

‘Acting Detective Constable Hannah Notley never submitted papers on the case to the Crown Prosecution Service.’

Full story

Daily Telegraph, 6th December 2013

Source: www.telegraph.co.uk

Halesowen forklift death factory fined over impaled worker – BBC News

Posted December 6th, 2013 in accidents, fines, health & safety, news by tracey

‘A glue manufacturer has been fined more than £173,000 after a worker died when he was impaled on the prongs of a forklift truck.’

Full story

BBC News, 6th December 2013

Source: www.bbc.co.uk

Tetraplegic student Andrew Risk paralysed after diving into 2ft of water loses damages claim against college – The Independent

’25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup.’

Full story

The Independent, 6th December 2013

Source: www.independent.co.uk

Command Papers – official-documents.gov.uk

Posted December 6th, 2013 in parliamentary papers by tracey

Economic and fiscal outlook December 2013, Cm 8748 (PDF)

Autumn statement 2013, Cm 8747 (PDF)

Source: www.official-documents.gov.uk

Industrial disease victims central to changes – Ministry of Justice

‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’

Full press release

Ministry of Justice, 4th December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Government backtracks on mesothelioma reforms but moves to end recoverability – Litigation Futures

‘The government has responded to widespread pressure and scrapped plans to impose an insurance industry-devised mesothelioma pre-action protocol (PAP) and the fixed recoverable costs regime (FRC) that underpinned it.’

Full story

Litigtaiton Futures, 5th December 2013

Source: www.litigationfutures.com

Social media users warned over court case comments – BBC News

Posted December 6th, 2013 in contempt of court, internet, news, publishing, trials, victims by tracey

‘The attorney general is to publish guidance on Twitter to help prevent social media users from committing contempt of court when commenting on legal cases.’

Full story

BBC News, 4th December 2013

Source: www.bbc.co.uk

Government proposes higher court fees for commercial cases – OUT-LAW.com

Posted December 6th, 2013 in civil justice, company law, consultations, courts, fees, news by tracey

‘Companies seeking to recover large sums through the civil courts could be charged up to £20,000 in fees under proposals put forward by the Ministry of Justice (MoJ).’

Full story

OUT-LAW.com, 6th December 2013

Source: www.out-law.com

Mba, Article 9 and Indirect Discrimination – Employment Law Blog

‘Ms Eweida, you may recall, is the British Airways employee who wanted to wear a cross on a necklace over her uniform so that others could see it. She considered that that was a religious belief. Over-simplifying, doing what she wanted to do meant a breach of her employer’s dress code. Ms Eweida complained that, amongst other things, she was the victim of an act of indirect discrimination.’

Full story

Employment Law Blog, 5th December 2013

Source: www.employment11kbw.com

HTC Corpn v Nokia Corpn – WLR Daily

Posted December 6th, 2013 in injunctions, intellectual property, law reports, patents, telecommunications by tracey

HTC Corpn v Nokia Corpn: [2013] EWHC 3778 (Pat);   [2013] WLR (D)  468

‘The criteria to be applied in deciding whether or not to grant an injunction for infringement of intellectual property rights were those of efficacy, proportionality, dissuasiveness, the avoidance of creating barriers to legitimate trade and the provision of safeguards against abuse as set out in article 3(2) of Parliament and Council Directive 2004/48/EC.’

WLR Daily, 3rd December 2013

Source: www.iclr.co.uk