“Supreme” caution required when applying “double identity” rule – RPC IP Hub

Posted March 19th, 2015 in intellectual property, news, trade marks by sally

‘A recent High Court decision1 not only demonstrates the difficulty for trade mark owners in enforcing descriptive trade marks (and the risk that those trade marks may be found to be invalid) but also highlights potential pitfalls where trade marks co-exist within the same market. Also of interest is Arnold J’s criticism of the Court of Appeal’s decision in Interflora with regard to burden of proof for “double identity” cases.’

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RPC IP Hub, 17th March 2015

Source: www.rpc.co.uk

Do not resuscitate order not to blame for patient death, coroner rules – The Guardian

Posted March 19th, 2015 in health, hospital orders, inquests, negligence, news by sally

‘A great-grandfather who died after hospital staff decided without consultation that he should not be resuscitated was not neglected because medics were following guidelines, a coroner has concluded.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

Fire safety – a hot topic! – Park Square Barristers

Posted March 19th, 2015 in appeals, fire, health & safety, news, regulations by sally

‘A recent case on the issue of fire safety — or, more exactly, the provisions of the Regulatory Reform (Fire Safety) Order 2005 — has proved both interesting and instructive on the desirability and necessity of precision when drafting an indictment for proceedings brought before the Crown Court.’

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Park Square Barristers, 4th MArch 2015

Source: www.parksquarebarristers.co.uk

EVENT: IALS – The Islamic Marriage Conundrum, Conflicts of Recognition

Posted March 19th, 2015 in Forthcoming events by sally

‘The inclusion or exclusion of Islamic law within the English legal frame has been a matter of huge controversy for almost a decade. Since the Archbishop of Canterbury’s famous lecture on the ‘Civil and Religious Law in England: a religious perspective’ in 2008, this issue has received great media coverage along with the creation of multiple research fora in Academia, political institutions and within the diverse British Muslim communities. It recently was the object of further controversy following the publication of guidelines by the Law Society for the drafting of Sharia compliant wills, which have now been publicly withdrawn, as well as the declarations of Lord Chief Justice Lord Phillips as to the possible application of Islamic law to resolve disputes among Muslims.

Although this issue has already been widely commented and researched through multiple reports and research articles, it surprisingly remains evasive as to its purely legal aspect. Indeed, the place of Islamic law within the English legal frame is by nature multi-faceted and touches upon social, religious, political as well as legal issues, covering topics as different as that of marriage, divorce, maintenance and inheritance. The legal basis for the application of Sharia also proves to be ambiguous: contractual, statutory, in application of freedom of religion provisions? Moreover, in which forum is or should it apply: arbitration or mediation tribunals, such as the so-called Sharia Councils, or English Courts?

This symposium seeks to draw attention to only one of those issues: non-registered marriages between British Muslims in front of English jurisdictions. It proposes to survey the question of their possible recognition, and the latter’s subsequent legal basis. It consists of two panels. First, a survey on the application of Islamic law in English Courts in the context of Private International Law and the problem as well as new questions raised by UK non-registered Muslim marriages, whilst drawing attention from a comparative perspective of the possible incorporation of Islamic law within a secular legal frame (India). Secondly, the current English legal scenario from a practitioner’s angle, its advantages, limits and possible reforms.’

Date: 9th May 2015, 10.00am-4.00pm

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

Charge: Full Rate: £75.00. Student Rate: £45.00.

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted March 19th, 2015 in legislation by sally

SI 2015/578 – The Employment Allowance (Care and Support Workers) Regulations 2015

SI 2015/577 – The Social Security (Contributions) (Limits and Thresholds) (Amendment) Regulations 2015

SI 2015/588 – The Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2015
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Judges Behaving Badly? – No. 5 Chambers

Posted March 19th, 2015 in employment tribunals, judiciary, news, professional conduct, recusal, tribunals by sally

‘Irvine Maccabe discusses practical issues and strategies to consider in relation to recusal, judicial misconduct and transcripts.’

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No. 5 Chambers, 12th January 2015

Source: www.no5.com

Bitcoin: Government to regulate cryptocurrency to avoid money laundering, says Treasury – The Independent

Posted March 19th, 2015 in banking, consultations, cryptocurrencies, money laundering, news, reports by sally

‘The Government is to regulate bitcoin exchanges to stop their use as money laundering hubs, the Treasury said today.’

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The Independent, 18th March 2015

Source: www.independent.co.uk

Meaning of “totally without merit” – Free Movement

Posted March 19th, 2015 in civil procedure rules, judicial review, news, tribunals by sally

‘Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement of service and summary grounds of defence, then decide without holding a hearing whether permission should be granted. Lawyers commonly refer to this decision as being “on the papers” because there is no oral hearing.’

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Free Movement, 19th March 2015

Source: www.freemovement.org.uk

Nottingham man in court over football stadium drones – BBC News

Posted March 19th, 2015 in aircraft, crime, news by sally

‘A man has been summoned to appear in court over allegations he flew a drone over London landmarks and at several football grounds during matches.’

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BBC News, 18th March 2015

Source: www.bbc.co.uk

Uninsured Drivers Agreement: serious breach of European Law – Park Square Barristers

Posted March 19th, 2015 in agreements, crime, damages, EC law, news, uninsured drivers by sally

‘Judy Dawson looks at the recent judgment of the Court of Appeal in Delaney v Secretary of State for Transport and the insurance indemnity issues that arise.’

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Park Square Barristers, 11th March 2015

Source: www.parksquarebarristers.co.uk

Judge hits out at Court of Appeal over consent order in deprivation of liberty case – Local Government Lawyer

‘A High Court judge has accused the Court of Appeal of apparently taking a “procedurally impermissible route” and making a consent order that was ultra vires, in legal proceedings over whether a woman looked after at home had been deprived of her liberty.’

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Local Government Lawyer, 18th March 2015

Source: www.localgovernmentlawyer.co.uk

A change in the landscape for victimless prosecutions? – Park Square Barristers

Posted March 19th, 2015 in domestic violence, hearsay evidence, news, prosecutions, victims by sally

‘As the Crown Prosecution Service places increasing focus on securing convictions in domestic-violence cases, there is a sense that victimless prosecutions have become far more common, particularly in the Magistrates’ Courts.’

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Park Square Barristers, 6th March 2015

Source: www.parksquarebarristers.co.uk

Burglar who sued prison for back injuries caught carrying stolen widescreen TV – Daily Telegraph

Posted March 19th, 2015 in compensation, costs, news, personal injuries, prisons, theft by sally

‘Judge rules HMP Manchester still has to pay Ryan Hough nearly £3,000 compensation for bunk bed fall despite burglar being caught taking TV in raid on fire-hit home.’

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Daily Telegraph, 18th March 2015

Source: www.telegraph.co.uk

Personal injury Newsletter – Thirty Nine Essex Street

Posted March 19th, 2015 in asbestos, costs, damages, news, personal injuries, vicarious liability by sally

Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Why the cookies law wasn’t fully baked – and how to avoid being tracked online – The Guardian

Posted March 19th, 2015 in computer programs, data protection, EC law, internet, news, privacy by sally

‘The UK uses the most tracking cookies of any EU country. How should you be protecting your privacy online?’

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The Guardian, 19th March 2015

Source: www.guardian.co.uk