Wikipedia refuses to delete photo as ‘monkey owns it’ – Daily Telegraph

Posted August 6th, 2014 in animals, copyright, internet, news, photography by sally

‘Wikimedia, the organisation behind Wikipedia, has refused a photographer’s repeated requests to delete his most famous shot as it is jeopardising his livelihood – because a monkey pressed the shutter button and “owns the copyright”.’

Full story

Daily Telegraph, 6th August 2014

Source: www.telegraph.co.uk

EVENT: IALS – Banking Regulation in the aftermath of the financial crisis

Posted August 6th, 2014 in Forthcoming events by sally

‘Chairman: Michael Ashe QC;

Bob Penn, Allen & Overy, on Banking resolutioin: solving too big to fail
Professor Andrew Haynes, University of Wolverhampton; Visiting Professor of Law, University of Macau, China; Visiting Senior Research Fellow, Institute of Advanced Legal Studies, on the Banking Reform Act 2013
Professor Rosa Lastra, Queen Mary, University of London on Is the system more resilient following reforms at national, European and international level?
Richard Barfield, KPMG, on Regulatory change – the firms perspective
Nicholas Walmsley, (TBC), Deutschebank: lunchtime speech on In house training issues caused by developments in regulation
Nick Andrews, MPAC, on The challenge for banks
Dr Costanza Russo, Queen Mary, University of London, on The efficacy of banking union through the lenses of co-operation mechanisms
Peter Casey, former Head of Islamic Finance, Dubai Financial Services Authority, on Regulatory change: the impact on Islamic banking
Professor Peter Cartwright, University of Nottingham, on Consumer redress and financial services’

Date: 16th September 2014, 9.15-5.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: See website for details

More information can be found here.

EVENT: UCL Inaugural Lecture – Patient no longer? What next in health care law?

Posted August 6th, 2014 in Forthcoming events by sally

‘Jonathan Montgomery’s inaugural lecture as Professor of Health Care Law argues that the ‘patient’ is no longer the main concept that defines the subject and organises its doctrines. His earlier work suggested that focus on the doctor-patient relationship had blinded commentators to important issues and allowed only a partial account of the roles of the law. Recent case law confirms that other paradigms are becoming important. The use of human rights arguments makes the immediate health care context less relevant. This feature is amplified by increasingly common permission for ’intervenors’ to make submissions showing how individual cases are linked to wider issues. This in turn is an example of a wider trend – the increasing use of health care litigation by groups and corporate bodies – which further dilutes the role of the ‘patient’ as an organising concept for the law. In the face of these developments, many of the reasons for traditional judicial protection of clinical freedom in English health care law ebb away. It is therefore not surprising that the courts are seeking to redefine their roles in regulating health care. If the patient is no longer the central concern of health care law, then it is appropriate that judges are less patient with the idea that there might be lowered scrutiny for health professional s compared to those working in other areas.’

Date: 30th October 2014, 6.00-7.00pm

Location: UCL Law Faculty, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

EVENT: UCL CLP – More than just a different face? Judicial Diversity and Decision-Making

Posted August 6th, 2014 in Forthcoming events by sally

‘This lecture addresses a key question in debates around judicial diversity: what evidence is there that a more diverse judiciary will make a difference to substantive decision-making? The lecture will begin by outlining the range of arguments for a more diverse judiciary, which include but are not confined to making a difference to substantive decision-making. It will then turn to consider the considerable evidence which now exists both to refute and to support the existence of substantive differences in decision-making following the appointment of women and others from non-traditional backgrounds to the judiciary. On the basis of this evidence, it will draw conclusions as to the kinds of differences in decision-making which might be expected, and the circumstances under which different approaches to decision-making are likely to flourish.’

Date: 23rd October 2014, 6.00-7.00pm

Location: UCL Law Faculty, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

What is the future for UK human rights? – Garden Court Chambers Blog

Posted August 6th, 2014 in constitutional law, human rights, international relations, news by sally

‘Human Rights analysis: What does the future hold for human rights in the UK? Stephanie Harrison QC at Garden Court Chambers warns repealing the Human Rights Act 1998 (HRA 1998) would be a seriously retrograde step, that would reverberate around the world.’

Full story

Garden Court Chambers Blog, 6th August 2014

Source: www.gclaw.wordpress.com

Revisiting Habitual Residence – The Court of Appeal Decision in Re H – Family Law Week

‘Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction) [2014] EWCA Civ 1101.’

Full story

Family Law Week, 6th August 2014

Source: www.familylawweek.co.uk

CoCos go pop – RPC Commercial Disputes Blog

Posted August 6th, 2014 in financial regulation, interest, loans, news by sally

‘In the wake of the banking crisis, the Financial Services Act 2012 gave the FCA a range of new and enhanced powers with which to pursue its regulatory objectives. Today, it has used – for the first time – one if its shiny new tools; the FCA has issued a Temporary Product Intervention Rule (TPIR).’

Full story

RPC Commercial Disputes Blog, 5th August 2014

Source: www.rpc.co.uk

In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd – WLR Daily

Posted August 6th, 2014 in administrators, debts, energy, insolvency, law reports by sally

In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd [2014] EWHC 2721 (Ch); [2014] WLR (D) 364

‘Charges arising under deemed contracts for supplies of gas and electricity to retail premises after the companies had entered into administration and after the premises had been vacated by the companies were provable debts within rule 13(12(1)(b) of the Insolvency Rules 1986.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Constance Briscoe removed from judicial office after jail disgrace – Daily Telegraph

‘Barrister and part-time judge stripped of office for her role in the Chris Huhne ‘points-swap’ scandal.’

Full story

Daily Telegraph, 6th August 2014

Source: www.telegraph.co.uk

The gaps in the welfare ‘safety net’ and the scope for using judicial review – Halsbury’s Law Exchange

‘Desmond Rutledge considers the use of judicial review as a remedy of last resort in welfare benefits cases where the claimant is in financial crisis.’

Full story

Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

‘Juvenile’ TV science fan jailed for making pipe bombs – BBC News

Posted August 6th, 2014 in explosives, news, sentencing by sally

‘A science fan who made six pipe bombs after being inspired by a television show has been jailed for six months.’

Full story

BBC News, 5th August 2014

Source: www.bbc.co.uk

Appeal court backs publication of arrest names – Law Society’s Gazette

‘A man arrested but never charged over sexual offences has failed to persuade the Court of Appeal that newspapers should be barred from identifying him.’

Full story

Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

Supreme Court agrees to hear case on eviction and disability discrimination – Local Government Lawyer

‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’

Full story

Local Government Lawyer, 6th August 2014

Source: www.localgovernmentlawyer.co.uk

Nominal damages for ‘negligent’ yacht advice – Law Society’s Gazette

Posted August 6th, 2014 in contracts, damages, guarantees, law firms, negligence, news, sale of goods by sally

‘A leading firm has avoided paying out significant damages despite admitting negligence when it gave advice on the purchase of a £3.6m yacht.’

Full story

Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted August 6th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Ali v R [2014] EWCA Crim 1658 (31 July 2014)

Court of Appeal (Civil Division)

IG Index Ltd v Cloete [2014] EWCA Civ 1128 (31 July 2014)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2014] EWCA Civ 714 (31 July 2014)

R, Re [2014] EWCA Civ 1110 (31 July 2014)

Wagenaar v Weekend Travel Limited (t/a Ski Weekend) [2014] EWCA Civ 1105 (31 July 2014)

Landau v The Big Bus Company Ltd & Anor [2014] EWCA Civ 1102 (31 July 2014)

Drysdale v The Department of Transport (The Maritime And Coastguard Agency) [2014] EWCA Civ 1083 (31 July 2014)

Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 1107 (31 July 2014)

MB v Secretary of State for Work And Pensions [2014] EWCA Civ 1112 (31 July 2014)

Rawlinson And Hunter Trustees S.A. & Ors v Director of the Serious Fraud Office [2014] EWCA Civ 1129 (31 July 2014)

Prince Abdulaziz v Apex Global Management Ltd & Anor [2014] EWCA Civ 1106 (31 July 2014)

High Court (Queen’s Bench Division)

NNN v D1 & Anor [2014] EWHC B14 (QB) (23 July 2014)

Gopaul & Anor v Naidoo & Anor [2014] EWHC 2684 (QB) (31 July 2014)

Chakrabarty v Ipswich Hospital NHS Trust & Anor [2014] EWHC 2735 (QB) (31 July 2014)

High Court (Administrative Court)

Gunduz, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2688 (Admin) (31 July 2014)

A4 Metal Recycling v Secretary of State for Communities And Local Government & Anor [2014] EWHC 2524 (Admin) (31 July 2014)

Maries, R (On the Application Of) v London Borough of Merton [2014] EWHC 2691 (Admin) (31 July 2014)

Maries, R (On the Application Of) v London Borough of Merton [2014] EWHC 2689 (Admin) (31 July 2014)

Norton v Bar Standards Board [2014] EWHC 2681 (Admin) (31 July 2014)

High Court (Chancery Division)

Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors [2014] EWHC 2692 (Ch) (01 August 2014)

Santander UK Plc v National Westminster Bank Plc & Ors [2014] EWHC 2626 (Ch) (31 July 2014)

High Court (Family Division)

Cumbria County Council [2014] EWHC 2596 (Fam) (28 July 2014)

Family Court Decisions (other Judges)

LW (A Child) [2014] EWFC B96 (4 August 2014)

LW (A Child) [2014] EWFC B97 (4 August 2014)

M S and B (Fact Finding) [2014] EWFC B95 (24 July 2014)

Lincolnshire County Council v LU & Ors [2014] EWFC B94 (17 July 2014)

High Court (Technology and Construction Court)

Stratton & Anor v Patel & Anor [2014] EWHC 2677 (TCC) (01 August 2014)

High Court (Patents Court)

Adaptive Spectrum And Signal Alignment, Inc v British Telecom Communications Plc [2014] EWHC 2730 (Pat) (22 July 2014)

Source: www.bailii.org

Should children give evidence in family proceedings? – Halsbury’s Law Exchange

‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’

Full story

Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

‘Offensive’ Rio Christ statue advert banned by watchdog – BBC News

Posted August 6th, 2014 in advertising, Christianity, complaints, gambling, news, ombudsmen by sally

‘Complaints over an advert showing Rio de Janeiro’s Christ the Redeemer statue and a bikini-clad woman have been upheld by the advertising watchdog.’

Full story

BBC News, 6th August 2014

Source: www.bbc.co.uk

Lawyers must step up data protection measures after series of breaches, says watchdog – Daily Telegraph

Posted August 6th, 2014 in barristers, data protection, documents, news, ombudsmen, privacy, solicitors by sally

‘Christopher Graham, the Information Commissioner, highlights a series of recent privacy breaches by barristers and solicitors.’

Full story

Daily Telegraph, 5th August 2014

Source: www.telegraph.co.uk

What is the point of victim impact statements? – The Independent

Posted August 6th, 2014 in bereavement, confidentiality, data protection, evidence, judges, murder, news, parole, victims by sally

‘A parole judge has apologised to bereaved parents for saying that victim impact statements make no difference. So what are they really for? Paul Gallagher finds out.’

Full story

The Independent, 6th August 2014

Source: www.independent.co.uk

Union law review frozen after barrister objects to ministerial statements – The Guardian

Posted August 6th, 2014 in barristers, industrial action, inquiries, news, political parties, trade unions by sally

‘An independent review of laws governing industrial disputes has been dramatically scaled back after the QC in charge objected to recent ministerial announcements on introducing anti-strike laws.’

Full story

The Guardian, 5th August 2014

Source: www.guardian.co.uk