Month: August 2015

Arcadia Group Brands Ltd and others v Visa Inc and others – WLR Daily

Posted August 12th, 2015 in appeals, competition, law reports, limitations by sally

Arcadia Group Brands Ltd and others v Visa Inc and others [2015] EWCA Civ 883; [2015] WLR (D) 359

‘Competition cases were not to be treated differently to other claims for the purposes of the application of the “statement of claim” test in the context of section 32(1)(b) of the Limitation Act 1980, which provided for the postponement of the limitation period in the case of concealment of any fact relevant to the plaintiff’s right of action.’

WLR Daily, 5th August 2015

Source: www.iclr.co.uk

Lord Janner child sex abuse charges: Making peer attend court would breach his human rights, lawyers argue – The Independent

Posted August 12th, 2015 in child abuse, Crown Prosecution Service, elderly, families, human rights, news, privacy, public interest, sexual offences by sally

‘Lord Janner should not appear in court to answer charges of child sex abuse because it would be a breach of his human rights, his lawyer has argued.’

Full story

The Independent, 11th August 2015

Source: www.independent.co.uk

Williams v Law Society of England and Wales – WLR Daily

Posted August 12th, 2015 in consent orders, law reports, legal aid, limited liability partnerships, solicitors, Solicitors Regulation Authority by sally

Williams v Law Society of England and Wales [2015] EWHC 2302 (Ch); [2015] WLR (D) 360

‘Where an intervention took place into a solicitor’s practice and a resolution was made under paragraph 6 of Schedule 1 to the Solicitors Act 1974 for the vesting of moneys in connection with the solicitors current or former practice, it was moneys connected with that solicitor’s activities as a solicitor which vested in the Society.’

WLR Daily, 30th July 2015

Source: www.iclr.co.uk

Dawson-Damer and others v Taylor Wessing LLP and others – WLR Daily

Posted August 12th, 2015 in confidentiality, data protection, disclosure, documents, interpretation, law reports, legal profession, privacy, privilege by sally

Dawson-Damer and others v Taylor Wessing LLP and others [2015] EWHC 2366 (Ch); [2015] WLR (D) 361

‘The purpose of section 7 of the Data Protection Act 1998 entitling an individual to have access to information in the form of his “personal data” was to enable him to check whether the data controller’s processing of it unlawfully infringed his privacy and, if so, to take such steps as the Act provided, to protect it. It was no part of its purpose to enable the individual to obtain discovery of documents that might assist him in litigation or complaints against third parties.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

Consumer rights rules will not apply where personal data, not money, is exchanged for digital content – OUT-LAW.com

Posted August 12th, 2015 in consumer protection, contracts, data protection, EC law, internet, news, privacy by sally

‘Businesses selling or licensing digital content will not have to honour most “rights and remedies” that consumers will have under new UK consumer protection laws where those consumers exchange access to their personal data rather than money in return for that content, a UK regulator has said.’

Full story

OUT-LAW.com, 7th August 2015

Source: www.out-law.com

Nuisance call blocking firm fined £50,000… for nuisance calling – The Independent

Posted August 12th, 2015 in complaints, fines, news, nuisance, telecommunications by sally

‘A company which offered a nuisance call blocking service has been been fined £50,000 for making “bullying” phone calls.’

Full story

The Independent, 11th August 2015

Source: www.independent.co.uk

Adopted girl wins right to return to biological family after abuse – The Guardian

Posted August 12th, 2015 in adoption, care orders, child abuse, names, news by sally

‘A 14-year-old girl has won a “highly exceptional” legal ruling that revokes an adoption order made more than 10 years ago.’

Full story

The Guardian, 11th August 2015

Source: www.guardian.co.uk

UK prisons inspector seeks time limits on detention of migrants without trial – The Guardian

Posted August 12th, 2015 in asylum, detention, health, human rights, immigration, news, pregnancy, refugees, sexual offences, standards, statistics, time limits, women by sally

‘The chief prisons inspector has called for time limits on the detention of migrants without trial after fresh warnings of a significant deterioration in conditions at an immigration removal centre for women.’

Full story

The Guardian, 12th August 2015

Source: www.guardian.co.uk

Adam Stokes jailed for killing baby daughter Scarlett – BBC News

Posted August 12th, 2015 in causing death of children or vulnerable adults, children, homicide, news, sentencing by sally

‘A father who shook his nine-week-old daughter to death has been jailed for seven years.’

Full story

BBC News, 11th August 2015

Source: www.bbc.co.uk

What is life like in the UK’s witness protection programme? – BBC News

Posted August 12th, 2015 in gangs, news, police, rape, witnesses by sally

The UK has a witness protection scheme but little has been revealed about it to date. Newsnight’s James Clayton has been given an exclusive insight into the programme and the people who’ve been through it.

Full story

BBC News, 12th August 2015

Source: www.bbc.co.uk

More parents in England prosecuted for taking children out of school – The Guardian

Posted August 12th, 2015 in children, education, fines, news, prosecutions, school children, statistics, truancy by sally

‘Increasing numbers of parents are being taken to court because their children have skipped school, with thousands facing action last year.’

Full story

The Guardian, 12th August 2015

Source: www.guardian.co.uk

Wherever I lay my hat… Residence tests for allocation policies – Nearly Legal

Posted August 11th, 2015 in domestic violence, domicile, homelessness, housing, local government, news by sally

‘This is, I think, a very significant case for all Councils who have or are considering setting residence requirements in their allocation policies.’

Full story

Nearly Legal, 9th August 2015

Source: www.nearlylegal.co.uk

Lord Janner lawyers challenge court attendance ruling – The Guardian

Posted August 11th, 2015 in child abuse, elderly, human rights, news, trials by sally

‘A high court judge will consider whether it was unlawful to order dementia sufferer Lord Janner to appear in court in person to face child sexual abuse charges.’

Full story

The Guardian, 11th August 2015

Source: www.guardian.co.uk

UK court drops extradition case against Rwandan spy chief – The Guardian

Posted August 11th, 2015 in extradition, intelligence services, news, terrorism, war crimes by sally

‘A British court has freed Rwanda’s intelligence chief Karenzi Karake and dismissed an extradition case against him, officials said on Monday.’

Full story

The Guardian, 10th August 2015

Source: www.guardian.co.uk

Appeal judges limit professional privilege where lives are at risk – Legal Futures

Posted August 11th, 2015 in appeals, mental health, news, nurses, privilege, restraint, solicitors by sally

‘Legal professional privilege can be qualified in the “rare circumstances” where it is necessary to impose a requirement that other people are present at discussions between lawyers and clients, the Court of Appeal has ruled.’

Full story

Legal Futures, 10th August 2015

Source: www.legalfutures.co.uk

Rule committee bids to ease burden of costs management – Litigation Futures

Posted August 11th, 2015 in children, civil procedure rules, costs, news, reports by sally

‘Cases relating to children are to be excluded from the scope of costs management, the Civil Procedure Rule Committee (CPRC) has decided, while there will be new provisions to encourage agreement of budgets.’

Full story

Litigation Futures, 10th August 2015,

Source: www.litigationfutures.com

An intergalactic battle over starwars.uk domain – Technology Law Update

Posted August 11th, 2015 in domain names, internet, news, trade marks by sally

‘A year after a change to UK domain names a skirmish in (web)space shows how effective Nominet’s Dispute Resolution Service can be in protecting a trade mark owner’s rights.’
Full story

Technology Law Update, 6th August 2015

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

Successful judicial review of social services age assessment – Free Movement

Posted August 11th, 2015 in children, documents, evidence, judicial review, local government, news, social services, tribunals by sally

‘R (on the application of GB by litigation friend, Francesco Jeff) v Oxfordshire County Council (age dispute- relevance of documents) IJR [2015] UKUT 429 (IAC) is an interesting and successful judicial review challenge to an age assessment. My colleague Shu Shin Luh was Counsel, instructed by Scott-Moncrieff & Associates.

Full story

Free Movement, 10th August 2015

Source: www.freemovement.org.uk

Co-op Bank escapes regulatory fine – BBC News

Posted August 11th, 2015 in banking, financial regulation, fines, news by sally

‘The Co-operative Bank has escaped a fine from regulators investigating the “failings” throughout 2009-13 that led to its bailout.’

Full story

BBC News, 11th August 2015

Source: www.bbc.co.uk

Car crash not to blame for lack of training contract, judge tells litigant-in-person – Legal Futures

Posted August 11th, 2015 in litigants in person, news, personal injuries, solicitors, trainee solicitors by sally

‘A judge has told a litigant-in-person that a road traffic accident (RTA) she was involved in was not to blame for her failure to secure a training contract.’

Full story

Legal Futures, 10th August 2015

Source: www.legalfutures.co.uk