‘Ignorant’ crane boss David Saunders fined over death – BBC News

Posted September 9th, 2014 in accidents, fines, health & safety, news by sally

‘A company has been fined £150,000 after a worker was killed when a crane wheel he was dismantling “exploded like a bomb”.’

Full story

BBC News, 9th September 2014

Source: www.bbc.co.uk

Command Papers – GOV.UK

Posted September 9th, 2014 in parliamentary papers by sally

Response to the House of Commons Foreign Affairs Committee’s second report of session 2014-15 on Gibraltar, Cm 8917

Treaty Series No 19 (2014), Cm 8931

Treaty Series No 20 (2014), Cm 8932

Treaty Series No 21 (2014), Cm 8933

Government response to the Joint Committee on Human Rights: Legal aid, children and the residence test, Cm 8936

Treaty Series No 22 (2014), Cm 8934

Source: www.gov.uk/government/publications

BAILII: Recent Decisions

Posted September 9th, 2014 in law reports by sally

Supreme Court

Robertson v Swift [2014] UKSC 50 (09 September 2014)

Court of Appeal (Criminal Division)

Jones & Ors, R, v [2014] EWCA Crim 1762 (16 July 2014)

High Court (Family Division)

AVH v SI & Anor (By Judith Bennett-Hernandez As Her Guardian) [2014] EWHC 2938 (Fam) (04 September 2014)

King (A Child), Re [2014] EWHC 2964 (Fam) (08 September 2014)

High Court (Commercial Court)

Comau UK Ltd v Lotus Lightweight Structures Ltd [2014] EWHC 2122 (Comm) (27 June 2014)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 9th, 2014 in legislation by sally

The Gas and Electricity Regulated Providers (Redress Scheme) (Amendment) Order 2014

The Vehicle Excise and Registration (Consequential Amendments) Regulations 2014

The Police (Promotion) (Amendment) Regulations 2014

The Financial Services Act 2012 (Consequential Amendments) Order 2014

The Appointment of Chief Officers of Police (Overseas Police Forces) Regulations 2014

The Police (Amendment) Regulations 2014

The Infrastructure Planning (Applications: Prescribed Forms and Procedure) (Amendment) Regulations 2014

Source: www.legislation.gov.uk

NHS Trust 1 and another v FG – WLR Daily

Posted September 9th, 2014 in consent, Court of Protection, health, law reports, medical treatment, mental health by sally

NHS Trust 1 and another v FG [2014] EWCOP 30; [2014] WLR (D) 384

‘Where a person lacked capacity to consent to proposed obstetric treatment, an NHS trust should make an application to the court: (1) where medical intervention proposed in the delivery of a baby amounted to serious medical treatment; (2) where there was a real risk of possible use of more than transient forcible restraint; (3) where there was a serious dispute as to what obstetric care was in the person’s best interests; and (4) where the proposed obstetric care and/or the proposed measures used to facilitate it would amount to a deprivation of liberty. That guidance was not intended to restrict the cases where trusts made an application to the court to only those cases which fell within those categories; it had always to remain open to trusts to make an application to the court if the individual circumstances of the case justified it.’

WLR Daily, 28th August 2014

Source: www.iclr.co.uk

Deckmyn and another v Vandersteen and others – WLR Daily

Posted September 9th, 2014 in copyright, EC law, intellectual property, law reports by sally

Deckmyn and another v Vandersteen and others (Case C-201/13; ECLI:EU:C:2014:2132; [2014] WLR (D) 385

‘The concept of “parody” within the meaning of article 5(3)(k) of Parliament and Council Directive 2001/29/EC was an autonomous concept of EU law and its essential characteristics were to evoke an existing work, while being noticeably different from it, and secondly, to constitute an expression of humour or mockery. The concept was not subject to the conditions that the parody should display an original character of its own, other than that of displaying noticeable differences with respect to the original parodied work; that it could reasonably be attributed to a person other than the author of the original work itself; and it should relate to the original work itself or mention the source of the parodied work. However, the application of the exception for parody, within the meaning of article 5(3)(k) of Directive had to strike a fair balance between the interests and rights of persons referred to in articles 2 and 3 of the Directive, and the freedom of expression of the user of a protected work who was relying on the exception for parody and it was for the national court to determine, in the light of all the circumstances of the case, whether the application of the exception for parody preserved a fair balance.’

WLR Daily, 3rd September 2014

Source: www.iclr.co.uk

Burgo Group SpA v Illochroma SA (in liquidation) and another – WLR Daily

Posted September 9th, 2014 in EC law, insolvency, jurisdiction, law reports by sally

Burgo Group SpA v Illochroma SA (in liquidation) and another (Case C-327/13); ECLI:EU:C:2014:2158; [2014] WLR (D) 386

‘Article 3(2) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings meant that, where winding-up proceedings were opened in respect of a company in a member state other than that in which it had its registered office, secondary insolvency proceedings could also be opened in respect of that company in the other member state in which its registered office was situated and in which it possessed legal personality. The question as to which person or authority was empowered to seek the opening of secondary proceedings had to be determined on the basis of the national law of the member state within the territory of which the opening of such proceedings was sought pursuant to article 29(b) of the Regulation. The right to seek the opening of secondary proceedings could not, however, be restricted to creditors who had their domicile or registered office within the member state in whose territory the relevant establishment was situated, or to creditors whose claims arose from the operation of that establishment. Where the main insolvency proceedings were winding-up proceedings, the decision as to whether the court before which the action seeking the opening of secondary insolvency proceedings had been brought could take account of criteria as to appropriateness was governed by the national law of the member state within the territory of which the opening of secondary proceedings was sought. However, when establishing the conditions for the opening of secondary proceedings, member states had to comply with EU law and, in particular, its general principles, as well as the provisions of the Regulation.’

WLR Daily, 4th September 2014

Source: www.iclr.co.uk

Nickel & Goeldner Spedition GmbH v “Kintra” UAB – WLR Daily

Posted September 9th, 2014 in carriage of goods, debts, EC law, insolvency, jurisdiction, law reports by sally

Nickel & Goeldner Spedition GmbH v “Kintra” UAB (Case C-157/13) ECLI:EU:C:2014:2145; [2014] WLR (D) 387

‘An action for the payment of a debt based on the provision of carriage services taken by the insolvency administrator of an insolvent undertaking in the course of insolvency proceedings opened in one member state and taken against a service recipient established in another member state came under the concept of “civil and commercial matters” within the meaning of article 1(1) of Council Regulation (EC) No 44/2001. Moreover, article 71 of Regulation No 44/2001 meant that, in a situation where a dispute fell within the scope of both that regulation and the Convention on the Contract for the International Carriage of Goods by Road, as amended, a member state could, in accordance with article 71(1) of that Regulation, apply the rules concerning jurisdiction laid down in article 31(1) of that Convention.’

WLR Daily, 4th September 2014

Source: www.iclr.co.uk

Ministers to review enforcement of TV licence payment – BBC News

Posted September 9th, 2014 in BBC, bills, crime, enforcement, licensing, media, news by sally

‘Ministers are to review how payment of the TV licence fee is enforced amid concerns about the number of people appearing in court for evasion.’

Full story

BBC News, 9th September 2014

Source: www.bbc.co.uk

“New normal” – what it means for the Bar – The Future of Law

Posted September 9th, 2014 in barristers, legal services, news by sally

We’ve read about it to the point of exasperation. The “new normal” for the legal services market. Basically, a shift in buying behaviours in a changing market environment, brought about by a compelling combination of external factors over a period of time, with increased competition from new market entrants thrown into the mix.

Full story

The Future of Law, 9th September 2014

Source: www.blogs.lexisnexis.co.uk

Case dropped against parents of boy who missed school – BBC News

‘Legal action has been dropped against parents who took their child out of school without permission, as the family has moved to the US.’

Full story

BBC News, 8th September 2014

Source: www.bbc.co.uk

Christian man jailed for attacking gay flatmate with claw hammer as he slept – The Independent

Posted September 9th, 2014 in attempted murder, attempts, homosexuality, murder, news, sentencing by sally

‘A Catholic man who attacked his openly gay flatmate by striking him on the head with a claw hammer as he slept has been found guilty of attempted murder.’

Full story

The Independent, 9th September 2014

Source: www.independent.co.uk

Iraq inquiry will tell ‘whole story’ insists Heywood – BBC News

Posted September 9th, 2014 in delay, documents, inquiries, Iraq, news, publishing, reports by sally

‘The Iraq Inquiry report will “not be a cover-up in any shape or form”, the UK’s top civil servant has insisted.’

Full story

BBC News, 9th September 2014

Source: www.bbc.co.uk

The different burdens of proof in “highway tripping” and “shop slipping” cases – Zenith PI Blog

Posted September 9th, 2014 in accidents, burden of proof, news, personal injuries by sally

‘There is an important difference in the burden of proof between tripping accidents on highway and slipping accidents in shops.’

Full story

Zenith PI Blog,

Source: www.zenithpi.wordpress.com

Match.com conmen: two men found guilty of dating website scam – The Guardian

Posted September 9th, 2014 in conspiracy, fraud, internet, money laundering, news by sally

‘Two men have been found guilty of money laundering over a dating website scam that targeted single women looking for love online.’

Full story

The Guardian, 8th September 2014

Source: www.guardian.co.uk

Judge condemns Crown Prosecution Service for pursuing sex case – Daily Telegraph

‘Judge Anthony Morris QC had urged prosecutors to pull the sex assault case before the trial had even begun because of lack of evidence.’

Full story

Daily Telegraph, 8th September 2014

Source: www.telegraph.co.uk