Administration of rights associated with digital information as part of the deceased’s estate – New Square Chambers

Posted April 29th, 2015 in administrators, internet, news by sally

‘Under English law, information does not pass as property to a personal representative after the death of the deceased, (See Oxford v Moss [1979] 68 Cr App R 183; per Lord Upjohn in Boardman v Phipps [1967] 2 AC 46, at 127; and per Floyd LJ in Your Response Limited v Datateam Business Media Ltd [2015] QB 41, at paragraph [42]) but rights associated with the information can vest in the representative. Where the information is digital, it exists as electrical signals rather than as an integral part of a physical form such as the words printed on the paper of a book. Digital information can exist both locally, on computing devices that were owned and used by the deceased, and in a cloud, on computing devices that are connected to the internet and to which the deceased had been connected for the provision of digital and other services. It is no longer sufficient to deliver a computing device to the relevant beneficiary without investigating what digital information is stored on that device and whether the deceased stored any digital information in a cloud. In some cases, information stored on a local device can provide the only clue to the existence of cloudstored information.’

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New Square Chambers, March 2015

Source: www.newsquarechambers.co.uk

‘You are a snob, your honour’: Village in uproar after judge’s ‘slur’ on its good name – Daily Telegraph

Posted April 29th, 2015 in judges, news, sentencing, violence by sally

;Locals accuse Judge Stuart Rafferty of suggesting the community was populated by thugs as he heard an assault case.’

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Daily Telegraph, 28th April 2015

Source: www.telegraph.co.uk

Moore v Secretary of State: The Consequences for Gypsy and Traveller Planning –

‘Charmaine Moore a Romani Gypsy and a single mother of 3 dependent children. She and one of her daughters are disabled. She owns and occupies land in the London Borough of Bromley. In 2010 she applied for planning permission to live on her land. That application has still to be determined finally. The application was a modest one “change of use – private Gypsy and Traveller Caravan Site comprising pitch, accommodating one mobile home and one touring caravan”. She has never sought more.’

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No. 5 Chambers, 24th April 2015

Source: www.no5.com

Private Children Law Update – No. 5 Chambers

Posted April 29th, 2015 in appeals, children, custody, domestic violence, families, news by sally

‘Ricky Seal, member of No5 Chambers Family Group, has compiled a list of private children case law updates for the Leicester & Leicestershire Family Justice Board.’

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No. 5 Chambers, 9th April 2015

Source: www.no5.com

Civil fraud Update – Park Square Barristers

Posted April 29th, 2015 in fraud, news by sally

‘Following Matthew Smith’s recent seminar ‘Fraud Update’, the following is a summary of the changes over the past 12 months which practitioners in the field of civil fraud are likely to find useful.’

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Park Square Barrister, 25th April 2015

Source: www.parksquarebarristers.co.uk

Procedure – 39 Essex Chambers

Posted April 29th, 2015 in anonymity, costs, damages, dismissal, legislation, media, news, personal injuries by sally

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

TUPE and Property Management – Tanfield Chambers

‘It is well known that where the management or ownership of property passes from one company to another, the employment of staff engaged in property management or maintenance may transfer with it under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). However, it is not unusual for several different managed service contracts simultaneously to transfer from one contractor to another or for a number of sub-contracted maintenance contracts to be taken in-house by a property management company. A recent case has considered how TUPE applies in these circumstances involving multiple contracts.’

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Tanfield Chambers, 27th April 2015

Source: www.tanfieldchambers.co.uk

Informed Consent – a new era? – 39 Essex Chambers

Posted April 29th, 2015 in consent, health, medical treatment, news, pregnancy, Supreme Court by sally

‘In a powerful, unanimous, 7 member-decision the Supreme Court has resolved, and possibly revolutionised, the issue of consent.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

Court orders UK to cut pollution – BBC News

Posted April 29th, 2015 in EC law, environmental health, news, pollution by sally

‘The UK’s highest court has ruled that the government must take immediate action to cut air pollution.’

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BBC News, 29th April 2015

Source: www.bbc.co.uk

ISPA-Daisy – Panopticon

Posted April 29th, 2015 in disclosure, freedom of information, news by sally

‘It has been said in the recent past that FOIA is sexy. We at 11KBW know all too well how difficult it can be to maintain a constant level of supreme attractiveness. Like all sexy beasts, even FOIA can have a day on which even its own mother would struggle would struggle to describe it as worthy of a second glance. The decision of the Court of Appeal in The Independent Parliamentary Standards Authority v ICO & Leapman [2015] EWCA Civ 388 might be thought to be one of FOIA’s off-days.’

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Panopticon, 28th April 2015

Source: www.panopticonblog.com

Court of Appeal warns solicitors over standards of ‘commoditised’ services – Legal Futures

Posted April 29th, 2015 in appeals, compensation, miners, news, solicitors by sally

‘Economic pressures forcing solicitors to ‘commoditise’ their advice “throw into sharp focus the need for standard form letters of advice to be clear in their exposition”, the Court of Appeal warned yesterday.’

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Legal Futures, 29th April 2015

Source: www.legalfutures.co.uk

Review of Costs Budgeting Process by Jackson LJ – Zenith Chambers

Posted April 29th, 2015 in budgets, costs, negligence, news, personal injuries, telephone hearings by sally

‘Following the introduction of costs budgeting as part of his wide-ranging package of civil justice reforms, Jackson LJ is now undertaking a review of the process.’

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Zenith Chambers, 20th April 2015

Source: www.zenithchambers.co.uk

ParkingEye drives home a penalty – charge for a breach of contract allowed – Technology Law Update

Posted April 29th, 2015 in appeals, consumer protection, contracts, fines, news, parking by sally

‘A dispute over a parking fine has received a lot of press attention from the angle of the aggrieved motorist standing up to big business. But there are wider implications. The recent Court of Appeal decision in ParkingEye v Beavis demonstrates a more flexible approach to penalty clauses in contracts, and illustrates how the unfairness rules will be applied to penalty charges in consumer-facing contracts (EULAs, e-commerce terms etc).’

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Technology Law Update, 28th April 2015

Source: www.technology-law-blog.co.uk

Ofsted inspections harm children’s services, says report – BBC News

Posted April 29th, 2015 in children, local government, news, school children, social services, teachers by sally

‘Ofsted inspections of children’s services are outdated and do not always protect vulnerable children, according to a new report.’

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BBC News, 29th April 2015

Source: www.bbc.co.uk

Two key changes to familiar three letter acronyms – EIA and CIL – 39 Essex Chambers

Posted April 29th, 2015 in EC law, environmental health, legislation, news, planning by sally

‘As the planning world turns its attention to the upcoming election and wonders what the future holds post 7 May 2015, it would be wise not to overlook the significance of today: 6 April. Two notable changes to environmental and planning law came into force this morning and they will be likely significantly to impact large development proposals across the country. They may, in turn, become the subject of litigation in the future. I discuss each below.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

Court case dropped after police sell evidence at auction – Daily Telegraph

Posted April 29th, 2015 in evidence, handling stolen goods, mistake, news, police, sale of goods by sally

‘Cumbria Police apologise after admitting they sold a stolen bicycle at auction before a criminal case came to court.’

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Daily Telegraph, 28th April 2015

Source: www.telegraph.co.uk

Rosslyn Mansions Tenants’ Association v Winstonworth Limited – Tanfield Chambers

Posted April 29th, 2015 in landlord & tenant, news, tribunals by sally

‘There is no requirement that the potential membership of a proposed tenants’ association must be at least 60% for a certificate of recognition to be granted under section 29 of the Landlord and Tenant Act 1985.’

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Tanfield Chambers, 16th April 2015

Source: www.tanfieldchambers.co.uk

Mental Capacity Law Newsletter – 39 Essex Chambers

Posted April 29th, 2015 in deprivation of liberty safeguards, mental health, news, Scotland by sally

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, April 2015

Source: www.39essex.com

Lord Janner’s alleged victims seek formal review of DPP decision – The Guardian

‘A group of people who say they were abused by Lord Janner are seeking a formal review of the decision not to prosecute the former Labour MP following child sex abuse claims.’
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The Guardian, 28th April 2015

Source: www.guardian.co.uk

Curbing the Good Character Direction – Zenith Chambers

Posted April 29th, 2015 in appeals, civil procedure rules, crime, good character, juries, news by sally

‘A specially constituted fivemember Court of Appeal handed down judgment last week in the case of R v Hunter & Others [2015] EWCA Crim 631. The court heard a number of appeals concerning the circumstances in which a good character direction should be given and the extent of such a direction.’

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Zenith Chambers, 20th April 2015

Source: www.zenithchambers.co.uk