Gypsies and Travellers: “A litmus test not of democracy but of civil society” – No. 5 Chambers

Posted January 6th, 2015 in equality, housing, human rights, news, planning, race discrimination, travellers by sally

‘“[T]here is force in the observation attributed to Václav Havel, no doubt informed by the dire experience of central Europe: “The Gipsies are a litmus test not of democracy but of civil society”.” So said Lord Bingham of Cornhill in the House of Lords in South Buckinghamshire DC v Porter (No 1).’

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No. 5 Chambers, 18th December 2014

Source: www.no5.com

Further appeal against European Commission ‘pay for delay’ patent settlement decision – Zenith Chambers

Posted January 6th, 2015 in appeals, delay, EC law, medicines, news, patents by sally

‘The European Commission’s controversial infringement decision relating to ‘pay for delay’ pharmaceutical patent settlements is subject to a further challenge.’

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Zenith Chambers, 23rd December 2014

Source: www.zenithchambers.co.uk

Service Charge Disputes in the First Tier Tribunal – Hardwicke Chambers

Posted January 6th, 2015 in evidence, landlord & tenant, news, service charges, tribunals by sally

‘Over many years of representing landlords (usually by their appointed property management company) in leasehold service charge disputes before the Tribunals, various themes have developed. One of them is my frustration, in the majority of cases, at the quality of evidence with which I must present my client’s case. It actually isn’t that difficult to get your best evidence before the Tribunals and secure the best possible recovery. Especially with the benefit of hindsight!’

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Hardwicke Chambers, 17th December 2014

Source: www.hardwickec.co.uk

CC & C Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 6th, 2015 in appeals, customs and excise, jurisdiction, law reports, tribunals by sally

CC & C Ltd v Revenue and Customs Comrs [2014] EWCA Civ 1653; [2014] WLR (D) 557

‘In exceptional cases, the court could entertain a claim for judicial review of a decision, under section 100G(5) of the Customs and Excise Management Act 1979, to revoke the registration of a registered excise dealer and shipper and could make an order for interim re-registration pending determination of that claim where it was arguable that the decision was not simply unreasonable but was unlawful on some other ground, such as being an abuse of power or improper or taken in bad faith.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Greater Glasgow and Clyde Health Board v Doogan and another – WLR Daily

Greater Glasgow and Clyde Health Board v Doogan and another [2014] UKSC 68; [2014] WLR (D) 550

‘The right of conscientious objection under section 4(1) of the Abortion Act 1967 extended to the whole course of medical treatment which brought about the ending of a pregnancy including the medical and nursing care connected with the process, but only in relation to the actual looking after and treatment of the patient rather than the host of ancillary, administrative and managerial tasks associated with it.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

Horton v Henry – WLR Daily

Posted January 6th, 2015 in bankruptcy, insolvency, law reports, pensions, trustees in bankruptcy by sally

Horton v Henry [2014] EWHC 4209 (Ch); [2014] WLR (D) 551

‘There was no power vested in the court pursuant to section 310 of the Insolvency Act 1986 to make an income payments order in respect of an uncrystallised pension not yet in payment.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

Regina (Delezuch) v Chief Constable of Leicestershire Police; Regina (Duggan) v Association of Chief Police Officers – WLR Daily

Posted January 6th, 2015 in appeals, complaints, human rights, law reports, police by sally

Regina (Delezuch) v Chief Constable of Leicestershire Police; Regina (Duggan) v Association of Chief Police Officers [2014] EWCA Civ 1635; [2014] WLR (D) 560

‘The College of Policing guidance relating to post-incident management of investigations into deaths that followed the use of force by police officers met the procedural requirements of article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was lawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) – WLR Daily

Posted January 6th, 2015 in appeals, charities, human rights, immigration, law reports, legal aid by sally

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) [2014] EWCA Civ 1622; [2014] WLR (D) 547

‘Provisions in the Exceptional Funding Guidance (Non-Inquests), issued by the Lord Chancellor under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, although correctly identifying many of the particular factors which were to be taken into account by the Director of Legal Aid Casework and legal aid caseworkers in deciding whether to make an exceptional case determination for legal aid in a particular case, mis-stated the discretion conferred by section 10(3)(b) of the 2012 Act, and failed to comply with both article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, and article 47 of the Charter of Fundamental Rights of the European Union, by impermissibly sending a clear signal to the director and the caseworkers that the refusal of legal aid would amount to a breach only in rare and exceptional cases.’

WLR Daily, 15th December 2014

Source: www.iclr.co.uk

Patents: Court of Appeal allows the appeal in Jarden – NIPC Law

Posted January 6th, 2015 in appeals, intellectual property, news, patents by sally

‘In Jarden Consumer Solutions (Europe) Ltd v SEB SA and Another [2014] EWHC 445 (Pat) (28 Feb 2014) Jarden Consumer Solutions (Europe) Ltd (“Jarden”) sued SEB SA (“SEB”) for the revocation of its European patent number 2.085,003 (“the patent”) for deep fryer with automatic fat coating. SEB counterclaimed for infringement of the patent by importing and selling the Breville Halo Health fryer. The action came on for trial before Mr Justice Arnold who found that 3 of the claims of the patent were invalid but 3 others were valid and had been infringed. Jarden appealed against the judge’s construction of the patent and his finding of infringement. The appeal was heard by Lord Justices Vos and Burnett and Sir Timothy Lloyd in Jarden Consumer Solutions (Europe) Ltd v SEB SA and Another [2014] EWCA Civ 1629 (17 Dec 2014).’

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NIPC Law, 1st January 2015

Source: www.nipclaw.blogspot.co.uk

Illicit prison phones to be cut off – Ministry of Justice

Posted January 6th, 2015 in bills, crime, news, prisons, telecommunications by sally

‘Mobile phones that are being used by prisoners will be cut off under proposed new legislation.’

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Ministry of Justice, 5th January 2015

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

Thousands detained under controversial immigration powers – Daily Telegraph

Posted January 6th, 2015 in detention, immigration, news, statistics by sally

‘Newly released Home Office figures show that 3,378 people have been detained under divisive immigration laws – including some held for years.’

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Daily Telegraph, 5th January 2015

Source: www.telegraph.co.uk

High Court bats away challenge to privilege of ‘without prejudice’ costs letters – UK Human Rights Blog

Posted January 6th, 2015 in costs, law firms, news, privilege by sally

‘Without prejudice’ correspondence between law firms on the costs of a complex dispute between mosquito net manufacturers was protected by privilege and not admissible in court, the High Court has ruled in a case with combined costs of £4.6m.’

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UK Human Rights Blog, 6th January 2015

Source: www.ukhumanrightsblog.com

How to make family hearings fair – UK Human Rights Blog

‘This case raises a very stark problem. A father wants to see his children aged 5 and 4. The mother has an elder daughter, Y, aged 17. Y told her teacher that the father sexually abused her. The truth or otherwise of this allegation is relevant to whether there should be contact between father and his children.’

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UK Human Rights Blog, 5th January 2015

Source: www.ukhumanrightsblog.com

EastEnders cleared of breaching Ofcom rules – BBC News

Posted January 6th, 2015 in BBC, codes of practice, complaints, media, news, ombudsmen by sally

‘Media watchdog Ofcom has cleared the BBC of breaching broadcasting rules over a rape storyline, which prompted complaints from the public.’

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BBC News, 5th January 2015

Source: www.bbc.co.uk

Judge orders MoJ to pay for LiP’s lawyer – Law Society’s Gazette

‘The High Court has ordered the government to pay for a litigant in person to be represented at a hearing despite his lack of eligibility for legal aid.’

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Law Society’s Gazette, 5th January 2015

Source: www.lawgazette.co.uk

Why must we pay attention to the law of pension trusts? – OUP Blog

Posted January 6th, 2015 in news, pensions, trusts by sally

‘Little has been written on the subject of pension trusts, and the ways in which pension laws and trust laws interact. As academic subjects, many issues such as the purpose of a pension trust, employer duties, and the duties of directors of trustee companies, have long been under-represented. However, pension trust law is a technical area that requires more attention, and is also considered to be an exciting area of law that has been ignored in academia for too long. Author of The Law of Pension Trusts, David Pollard, explains why he decided to fill this gap and what issues he felt needed to be tackled in the law of pension trusts.’

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OUP Blog, 6th January 2015

Source: http://blog.oup.com

A new era for the Bar beckons as barristers can now apply to set up new business models without changing regulators – Bar Standard Board

Posted January 6th, 2015 in alternative business structures, barristers, legal profession, news by sally

‘From today, 5 January 2015, the Bar Standards Board (BSB) will accept applications from those wishing to set up BSB-regulated businesses (“entities”), owned and managed by lawyers, and which provide “reserved legal activities” such as appearing in court as an advocate. The barristers’ regulator is due to begin authorising applications in April this year.’

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Bar Standards Board, 5th January 2015

Source: www.barstandardsboard.org.uk

Man jailed for murdering ex-wife in custody battle – BBC News

Posted January 6th, 2015 in custody, murder, news, sentencing by sally

‘A man who “brutally” battered to death his ex-wife to get custody of their young son has been given a life sentence for murder.’

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BBC News, 5th January 2015

Source: www.bbc.co.uk

Sun journalists set for trial on charges of paying public officials for stories – The Guardian

Posted January 6th, 2015 in armed forces, corruption, media, news by sally

‘A panel of 24 potential jurors has been selected in the trial of four senior journalists at the Sun accused of paying public officials for stories.’

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The Guardian, 5th January 2014

Source: www.guardian.co.uk