Clare’s law letting women know if partner has abusive past rolled out – The Guardian

Posted March 10th, 2014 in criminal records, disclosure, domestic violence, news by sally

‘Women will be able to find out if their partners have an abusive past as the domestic violence disclosure scheme – known as Clare’s law – is rolled out across every police force across England and Wales.’

Full story

The Guardian, 8th March 2014

Source: www.guardian.co.uk

Legal aid cuts for prisoners face high court challenge – The Guardian

Posted March 10th, 2014 in budgets, legal aid, ministers' powers and duties, news, prisons by sally

‘The government’s decision to deprive prisoners of legal aid has been challenged in the high court on Thursday by charities warning that it will hamper rehabilitation efforts and fail to save money.’

Full story

The Guardian, 6th March 2014

Source: www.guardian.co.uk

Lawyers to walk out for second time in protest against legal aid cuts – The Guardian

Posted March 10th, 2014 in barristers, budgets, industrial action, legal aid, news, solicitors by sally

‘Barristers and solicitors will attempt to bring the criminal justice system to a standstill on Friday in protest at the government’s latest round of £215m cuts to legal aid.’

Full story

The Guardian, 7th March 2014

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted March 10th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Dang & Ors v R [2014] EWCA Crim 348 (07 March 2014)

Court of Appeal (Civil Division)

Bailey & Anor v Angove’s PTY Ltd [2014] EWCA Civ 215 (07 March 2014)

Mohamoud v Birmingham City Council [2014] EWCA Civ 227 (07 March 2014)

High Court (Queen’s Bench Division)

Malvicini v Ealing Primary Care Trust [2014] EWHC 378 (QB) (05 March 2014)

McCreaner v Ministry of Justice [2014] EWHC 569 (QB) (07 March 2014)

High Court (Chancery Division)

Hague Plant Ltd v Hague & Ors [2014] EWHC 568 (Ch) (05 March 2014)

Burnard v Burnard & Ors [2014] EWHC 340 (Ch) (03 March 2014)

Bank St Petersburg & Anor v Arkhangelsky & Ors [2014] EWHC 574 (Ch) (05 March 2014)

High Court (Family Division)

Ivleva v Yates [2014] EWHC 554 (Fam) (04 March 2014)

AS (a child), Re [2014] EWHC 606 (Fam) (04 March 2014)

F (Abduction: Consent), Re [2014] EWHC 484 (Fam) (25 February 2014)

High Court (Administrative Court)

Alexander, R (on the application of) v The Parking Adjudicator & Anor [2014] EWHC 560 (Admin) (07 March 2014)

Rosemarine, R (on the application of) v The Office for Legal Complaints [2014] EWHC 601 (Admin) (07 March 2014)

Sturgess, R (on the application of) v Swansea County Court & Ors [2014] EWHC 608 (Admin) (06 March 2014)

Naylor v Essex County Council [2014] EWHC 90 (Admin) (07 March 2014)

Source: www.bailii.org

Tribunal fees regime rolls on. For now… – 13 KBW Employment

‘The union challenge to the Tribunal fees regime was seen off by Chambers’ own Susan Chan, representing the Lord Chancellor as sole counsel, who herself enjoys a busy employment practice. For obvious reasons she is unable to comment on the matter herself. Though of course a public law case, there can scarcely have been a judicial review decision in recent memory of more interest to the employment practitioner.’

Full story

13 KBW Employment, 7th March 2014

Source: www.13bbwemployment.wordpress.com

‘Sexually motivated’ doctor Srinivas Yenugula struck off – BBC News

‘A doctor whose treatment of some female patients was ruled to be sexually motivated has been struck off the medical register.’

Full story

BBC News, 7th March 2014

Source: www.bbc.co.uk

“The Only Girl in the World”: the Rihanna judgment and the protection of ‘image rights’ in English law – Sports Law Bulletin from Blackstone Chambers

Posted March 10th, 2014 in intellectual property, media, news, photography, sport, trade marks by sally

‘Despite the evident commercial value in the ‘image’ of modern sports personalities (indeed there are annual awards held by the BBC to identify the most noteworthy) there is no specific right to protect one’s image under English law. Relying on a cocktail of different causes of action and legal rights, English law offers some protections to a person whose ‘image’ is exploited for commercial reasons. The ingredients include: copyright and trademarks, the torts of defamation, breach of confidence, passing-off as well potentially through statutory rules ensuring data protection.’

Full story

Sports Law Bulletin from Blackstone Chambers, 7th March 2014

Source: www.sportslawbulletin.org

Jessemy v Rowstock Ltd: post-termination victimisation and the limits of judicial reasoning – Employment Law Blog

‘Harini Iyengar explains the Court of Appeal’s conclusion in Jessemy v Rowstock Ltd [2014] EWCA Civ 185 that victimisation of former employees remains unlawful even though “on any natural reading of the relevant provisions of the [Equality Act 2010], taken on their own and without reference to any contextual material, post-termination victimisation is not proscribed”.’

Full story

Employment Law Blog, 7th March 2014

Source: www.employment11kbw.com

Non-payment of TV licence fee may be taken out of criminal law – The Guardian

Posted March 8th, 2014 in criminal records, licensing, media, news, prosecutions by sally

‘Plans to decriminalise the non-payment of the TV licence fee are being considered by government departments in a move designed to ease pressure on the courts, but which could have major repercussions for the BBC.’

Full story

The Guardian, 8th March 2014

Source: www.guardian.co.uk

Man caught on video ‘performing sex act on dog’ escapes jail time – The Indepedent

Posted March 8th, 2014 in dogs, news, sentencing, sexual offences, video recordings by sally

‘A man who filmed himself having sex with his girlfriend’s dog has avoided jail time.’

Full story

The Independent, 6th March 2014

Source: www.independent.co.uk

Abortion provider BPAS fined £200,000 for data breach – BBC News

Posted March 7th, 2014 in abortion, data protection, fines, internet, news, privacy by tracey

‘An abortion provider has been fined £200,000 for a data breach that revealed almost 10,000 people’s details to a hacker.’

Full story

BBC News, 7th March 2014

Source: www.bbc.co.uk

Norfolk former headmaster admits sex abuse of eight boys – BBC News

Posted March 7th, 2014 in child abuse, guilty pleas, news, sexual offences, teachers by tracey

‘The headmaster of a former Norfolk boarding school has been warned he could face a life sentence after admitting sex offences.’

Full story

BBC News, 7th March 2014

Source: www.bbc.co.uk

Right to conduct litigation spurs barrister’s high street direct access business – Legal Futures

Posted March 7th, 2014 in barristers, fees, legal services, news by tracey

‘One of the first barristers to receive authority from the Bar Standards Board (BSB) to conduct litigation has said her fixed-fee direct access business has been so successful she plans to license the venture to other barristers.’

Full story

Legal Futures, 7th March 2014

Source: www.legalfutures.co.uk

Strasbourg on Mormons and their temples – UK Human Rights Blog

Posted March 7th, 2014 in human rights, news, rates, religious discrimination, taxation by tracey

‘The Church of Jesus Christ of Latter-Day Saints v. the United Kingdom, ECHR, 4 March 2014. An apparently dry dispute about business rates on one of the Mormons’ temples in Preston  has reached Strasbourg and raises interesting issues about indirect discrimination on religious grounds. The underlying question was whether the temple was a place of “public religious worship” and therefore exempt from rates.’

Full story

UK Human Rights Blog, 5th March 2014

Source: www.ukhumanrightsblog.com

Meg Russell: The Byles/Steel bill – unless amended – holds grave dangers for the Lords – UK Constitutional Law Association

‘On Friday 28 February Dan Byles’ Private Member’s Bill on Lords reform completed its Commons passage. It is now in the Lords, and will be sponsored by David Steel. The bill, which allows retirement from the Lords and expulsion of non-attendees and serious criminals, has been presented as a small, uncontroversial “housekeeping” measure. But as already argued in an earlier blog post, as currently drafted it would in fact introduce a very major change that would alter the Lords fundamentally, and in very undesirable ways.’

Full story

UK Constitutional Law Association, 6th March 2014

Source: www.ukconstitutionallaw.org/blog

Watchdog seeks greater clarity over public sector suppliers’ FOI responsibilities – OUT-LAW.com

‘The contracts agreed between public sector bodies and their suppliers should be “more explicit” about which one of the organisations holds information for the purposes of compliance with freedom of information (FOI) rules, the UK’s Information Commissioner’s Office (ICO) has said.’

Full story

OUT-LAW.com, 6th March 2014

Source: www.out-law.com

Abortion counselling – why statutory regulation is needed – Halsbury’s Law Exchange

Posted March 7th, 2014 in abortion, doctors, news by tracey

‘Abortion is an emotive subject, regardless of political persuasion. It is one of the few issues that genuinely has the ability to polarise opinion, with neither side likely to be persuaded to the other’s point of view.’

Full story

Halsbury’s Law Exchange, 6th March 2014

Source: www.halsburyslawexchange.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 7th, 2014 in legislation by tracey

The Ukraine (European Union Financial Sanctions) Regulations 2014

The Scottish Parliament (Constituencies and Regions) Order 2014

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2014

The Ukraine (Sanctions) (Overseas Territories) Order 2014

The Taxes (Interest Rate) (Amendment) Regulations 2014

The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) (Amendment) Regulations 2014

The Income and Corporation Taxes (Electronic Communications)(Amendment) Regulations 2014

The Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2014

The National Savings Bank (Investment Deposits) (Limits) (Amendment) Order 2014

The Judicial Pensions (Contributions) (Amendment) Regulations 2014

The Civil Procedure (Amendment No.2) Rules 2014

The Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc.) (Amendment) Regulations 2014

The Other Fuel Substitutes (Rates of Excise Duty etc.) (Amendment) Order 2014

The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) Amendment Regulations 2014

The HIV Testing Kits and Services (Revocation) (England) Regulations 2014

The Firefighters’ Compensation Scheme (England) (Amendment) Order 2014

The Firefighters’ Pension Scheme (Amendment) (England) Order 2014

The Firefighters’ Pension Scheme (England) (Amendment) Order 2014

The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) Order 2014

The Seeds and Vegetable Plant Material (Nomenclature Changes) Regulations 2014

Source: www.legislation.gov.uk

Backaldrin Österreich The Kornspitz Co GmbH v Pfahnl Backmittel GmbH – WLR Daily

Posted March 7th, 2014 in EC law, law reports, trade marks by tracey

Backaldrin Österreich The Kornspitz Co GmbH v Pfahnl Backmittel GmbH(Case C-409/12); [2014] WLR (D) 112

‘Under article 12(2)(a) of Parliament and Council Directive 2008/95/EC a trade mark was liable to revocation in respect of a product for which it was registered if, in consequence of acts or “inactivity” of the proprietor, that trade mark had become the common name for that product from the point of view solely of end users of the product. There was “inactivity” if the proprietor of the trade mark did not encourage sellers to make more use of that mark in marketing a product in respect of which the mark was registered; and the revocation of a trade mark did not presuppose that it had to be ascertained whether there were other names for a product for which that trade mark had become the common name in the trade.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening) – WLR Daily

Posted March 7th, 2014 in aircraft, carriage by air, damages, disabled persons, EC law, law reports by tracey

Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening): [2014] UKSC 15; [2014] WLR (D) 111

‘The court could not award damages for distress and injury to feelings caused to a disabled passenger during flight in breach of Council Regulation (EC) No 1107/2006 (implemented in domestic law by the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007) since such an award was precluded by article 29 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 (“the Montreal Convention”), as adopted in the European Union by Council Regulation (EC) No 2027/97, as amended by article 3(1) of Parliament and Council Regulation (EC) No 889/2002, (“the Montreal Regulation”), and pursuant to the European Communities Act 1972, as amended.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk