Hacking trial: Brooks cleared of charges, Coulson guilty – BBC News

‘Ex-News International chief executive Rebekah Brooks has been cleared of all charges in the phone-hacking trial.’

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BBC News, 24th June 2014

Source: www.bbc.co.uk

Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda – WLR Daily

Posted June 24th, 2014 in charities, EC law, hospitals, law reports, public procurement by sally

Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda (Case C‑574/12); ECLI:EU:C:2014:2004; [2014] WLR (D) 272

‘Where a contractor under a public contract was a non-profit association which, at the time of the award of the contract, had as partners not only public sector entities but also private social solidarity institutions carrying out non-profit activities, the requirement for “similar control”, established by the case law of the Court of Justice of the European Union in order that the award of a public contract could be regarded as an in-house operation, was not met, so that Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts applied.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

St Prix v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Posted June 24th, 2014 in benefits, EC law, employment, law reports, pregnancy, social security by sally

St Prix v Secretary of State for Work and Pensions (AIRE Centre intervening) (Case C-507/12; ECLI:EU:C:2014:2007; [2014] WLR (D) 275

‘A woman who gave up work, or looking for work, because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth retained the status of “worker”, within the meaning of article 45FEU of the FEU Treaty, provided she returned to work or found another job within a reasonable period after the birth of her child.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Karen Millen Fashions Ltd v Dunnes Stores and others – WLR Daily

Karen Millen Fashions Ltd v Dunnes Stores and others (Case C-345/13); ECLI:EU:C:2014:2013; [2014] WLR (D) 273

‘Article 6 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs meant that, in order for a design to be considered to have individual character, the overall impression which that design produced on the informed user had to be different from that produced on such a user, not by a combination of features taken in isolation and drawn from a number of earlier designs, but by one or more earlier designs, taken individually. Article 85(2) meant that, in order for a Community design court to treat an unregistered Community design as valid, the right holder of that design was not required to prove that it had individual character within the meaning of article 6, but need only indicate what constituted the individual character of that design, ie, indicated what, in his view, were the element or elements of the design concerned which gave it its individual character.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Sanger and another v Newham London Borough Council – WLR Daily

Posted June 24th, 2014 in enforcement, law reports, local government, planning by sally

Sanger and another v Newham London Borough Council [2014] EWHC 1922 (Admin); [2014] WLR (D) 269

‘Criminal liability for an offence of failing to comply with an enforcement notice, contrary to section 179(2) of the Town and Country Planning Act 1990, only crystallised once the period for compliance set out in the notice had expired whereupon it became a continuing offence.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) – WLR Daily

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) [2014] UKSC 35; [2014] WLR (D) 271

‘The provisions in Part V of the Police Act for the automatic release of a person’s convictions, cautions and warnings— regardless of their relevance or the length of time that had elapsed— when that person was required, by reason of articles 3 or 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, to obtain and disclose an enhanced criminal record certificate for the purpose of obtaining employment or some other position which involved working with children or other vulnerable groups of persons, did not meet the requirement of legality for the purposes of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was incompatible with the person’s right to respect for their private life guaranteed by that article. Moreover, the provisions contravened article 8 in that they were not “necessary in a democratic society”, as required by article 8.2.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same – WLR Daily

Posted June 24th, 2014 in banking, EC law, intellectual property, law reports, trade marks by sally

Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same (Joined Cases C-217/13 and C-218/13); ECLI:EU:C:2014:2012; [2014] WLR (D) 274

‘Article 3(1) and (3) of Parliament and Council Directive 2008/95/EC of 22 October 2008 to approximate the laws of the member states relating to trade marks precluded an interpretation of national law according to which, in the context of proceedings raising the question whether a contourless colour mark had acquired a distinctive character through use, it was necessary in every case that a consumer survey indicated a degree of recognition of at least 70%.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) – WLR Daily

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) [2014] EWHC 1881 (TCC); [2014] WLR (D) 270

‘A costs draftsman whose only involvement in a case consisted of preparing a costs budget and who did not give any form of legal advice or legally based representation was not a “senior legal representative” for the purposes of paragraph 6 of Practice Direction 3E on Costs Management.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

Judge jails ‘worst car thief he has ever seen’ – Daily Telegraph

Posted June 24th, 2014 in drug abuse, news, recidivists, sentencing, theft by sally

‘Ian Liversidge, 47, jumped into a grandmother’s Nissan Micra and sped off as she was getting her granddaughter out of the vehicle, before hitting a taxi.’

Full story

Daily Telegraph, 23rd June 2014

Source: www.telegraph.co.uk

Tribunal upholds decision to overturn ICO fine for unsolicited marketing activities – OUT-LAW.com

Posted June 24th, 2014 in advertising, appeals, fines, news, privacy, tribunals by sally

‘The Information Commissioner’s Office (ICO) has lost its appeal against a decision to overturn a £300,000 monetary penalty it served on an individual for his part in what the watchdog claimed was a serious breach of UK privacy laws.’

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OUT-LAW.com, 23rd June 2014

Source: www.out-law.com

Leicester fire deaths: Eight people found guilty – BBC News

Posted June 24th, 2014 in conspiracy, fire, homicide, murder, news by sally

‘Seven men and a teenager have been convicted for their part in a revenge arson attack that killed four people.’

Full story

BBC News,

Source: www.bbc.co.uk

High Court grants relief despite “deliberate and non-trivial” breach – Litigation Futures

Posted June 24th, 2014 in civil procedure rules, costs, news, payment into court, sanctions by sally

‘A High Court judge has granted relief from sanctions despite finding that the non-compliance was non-trivial and deliberate, and that there was some delay in lodging the application for relief – using instead powers to impose conditions on the order.’

Full story

Litigation Futures, 24th June 2014

Source: www.litigationfutures.com

High Court: provision of reference containing details of uncompleted disciplinary action was “unfair” use of personal data – OUT-LAW.com

‘Whether it is “fair” to share an individual’s personal data for lawful public policy reasons requires a careful balancing of the interests of that individual and the interests of others, including the public interests, the High Court in England has said.’

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OUT-LAW.com, 23rd June 2014

Source: www.out-law.com

Woman who took selfies next to dead body cleared of murder – The Guardian

Posted June 24th, 2014 in drug abuse, fraud, murder, news, photography, sentencing, theft by sally

‘A man has been jailed for life after he was found guilty of murdering a former teacher, but a woman who took selfies next to the corpse has been cleared.’


Full story

The Guardian, 23rd June 2014

Source: www.guardian.co.uk

Sham marriages ‘double in four years’, Home Office figures show – Daily Telegraph

Posted June 24th, 2014 in fraud, immigration, marriage, news, sentencing, statistics by sally

‘The number of suspected sham marriages being reported by registrars has doubled in four years, official Home Office figures show.’

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Daily Telegraph, 23rd June 2014

Source: www.telegraph.co.uk

Two men guilty of murdering a mother and children in botched revenge attack – The Guardian

Posted June 24th, 2014 in conspiracy, fire, homicide, murder, news by sally

‘Two men have been found guilty of murdering a mother and her three children in a botched revenge attack.’

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The Guardian, 23rd June 2014

Source: www.guardian.co.uk

Sex abuse victim has post traumatic stress from court questioning – BBC News

‘A sex abuse victim says a cross-examination in court in Jersey was so aggressive she has been diagnosed with Post Traumatic Stress Disorder (PTSD).’


Full story

BBC News, 23rd June 2014

Source: www.bbc.co.uk

Fall in number of offenders barred from working with children – The Guardian

Posted June 24th, 2014 in cautions, criminal records, freedom of information, news, statistics, vetting by sally

‘The number of people who have committed child sex offences and have been barred from working with children has fallen by nearly 10,000 over the past three years, according to freedom of information disclosures.’

Full story

The Guardian, 24th June 2014

Source: www.guardian.co.uk