Iraqi Civilians v Ministry of Defence (No 2) – WLR Daily

Iraqi Civilians v Ministry of Defence (No 2) [2015] EWCA Civ 1241; [2015] WLR (D) 515

‘The primary limitation period of three years under Iraqi limitation law applied to claims in tort brought in the English High Court by Iraqi civilians in respect of alleged unlawful detention and ill-treatment by British armed forces while those forces were in Iraq between March 2003 and the end of 2008.’

WLR Daily, 9th December 2015

Source: www.iclr.co.uk

Naeem v Secretary of State for Justice – WLR Daily

Naeem v Secretary of State for Justice [2015] EWCA Civ 1264; [2015] WLR (D) 517

‘In a claim under section 19 of the Equality Act 2010 for indirect discrimination, based on a system of pay relating to length of service, once the claimant had shown that use of the particular provision, criterion or practice, namely the length of service criterion, had lead to a disparity in pay, it was permissible to consider the reason for the disparity complained of in the sense of the factors which had caused it to occur.’

WLR Daily, 9th December 2015

Source: www.iclr.co.uk

DM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted December 15th, 2015 in appeals, crime, deportation, human rights, immigration, law reports by sally

DM (Zimbabwe) v Secretary of State for the Home Department [2015] EWCA Civ 1288; [2015] WLR (D) 516

‘Where the Home Secretary was intending to deport a man unlawfully present in the United Kingdom who had been convicted of offences it remained the case that, despite strong pointers towards deportation, the Home Secretary might not make a deportation order if that would breach his rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 11th December 2015

Source: www.iclr.co.uk

The Importance of Keeping Promises: Warner-Lambert Company LLC v Sandoz GmbH and Others – NIPC Law

Posted December 15th, 2015 in appeals, medicines, news, patents, restraining orders by sally

‘In Swiss Style Claims: Warner-Lambert Companv Actavis 25 Jan 2015 I explained that Warner-Lambert LLC had a patent for a drug called pregabalin for treating epilepsy and GAD (generalized anxiety disorder). That patent expired in 2013 although the monopoly was extended for a short time by a supplementary protection certificate which has now lapsed. Warner-Lambert discovered a new use for pregabalin in the treatment of neuropathic pain for which it was granted a new patent. Actavis sought the revocation of the new patent on grounds of obviousness and insufficiency and applied for permission to market pregabalin for the treatment of epilepsy and GAD. The case that I discussed in my case note was an unsuccessful attempt by Warner-Lambert to impose conditions on the sale of pregabilin in the UK (see Warner -Lambert Company, LLC v Actavis Group Ptc EHF and others [2015] EWHC 72 (Pat)).’

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NIPC Law, 9th December 2015

Source: www.nipclaw.blogspot.co.uk

Money, money, money – LAG Housing Law

Posted December 15th, 2015 in benefits, budgets, housing, news, social security by sally

‘Sam Madge-Wyld considers the Autumn Statement and its implications for housing.’

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LAG Housing Law, 10th December 2015

Source: www.laghousinglaw.com

A house reasonably so called – New Law Journal

Posted December 15th, 2015 in appeals, enfranchisement, housing, news by sally

‘Andy Creer looks at the decision in Jewelcraft.’

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New Law Journal, 11th December 2015

Source: www.newlawjournal.co.uk

Domestic Violence and Care Proceedings: Re-victimising the Victim? – Family Law Week

Posted December 15th, 2015 in care orders, children, domestic violence, news, victims by sally

‘Rebekah Wilson, barrister, of Garden Court Chambers examines the plight of victims of domestic violence who find themselves caught up in care proceedings.’

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Family Law Week, 11th December 2015

Source: www.familylawweek.co.uk

English courts will extend arbitration clauses to widest possible range of disputes, expert says – OUT-LAW.com

Posted December 15th, 2015 in arbitration, dispute resolution, news by sally

‘A contract’s arbitration clause should be extended to apply to a claim not directly covered by that contract, the High Court has ruled. The claim was brought by Russian businessmen against their former partners in the redevelopment of a Moscow hotel.’

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OUT-LAW.com, 15th December 2015

Source: www.out-law.com

Martin Lewis begins legal challenge over quiet student loans change – Daily Telegraph

Posted December 15th, 2015 in loans, news, repayment by sally

‘Campaigner Martin Lewis has engaged lawyers to investigate whether the Government has acted illegally in asking students to repay more.’

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Daily Telegraph, 14th December 2015

Source: www.telegraph.co.uk

Ex-civil service chief criticises government for attempts to curb FoI legislation – The Guardian

Posted December 15th, 2015 in civil servants, freedom of information, legislation, news by sally

‘The UK government’s reasons for curbing freedom of information laws have been challenged by Lord Kerslake, the former head of the civil service.’

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The Guardian, 15th December 2015

Source: www.guardian.co.uk

DJ Neil Fox cleared of sexually assaulting young women – The Guardian

Posted December 15th, 2015 in crime, news, sexual offences by sally

‘The radio DJ Neil Fox broke down in tears after he was cleared of sexually abusing young fans and colleagues, saying his case highlighted concerns over the investigation and prosecution of high-profile cases.’

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The Guardian, 14th December 2015

Source: www.guardian.co.uk

BSB reveals low expectations of ABS take-up – Legal Futures

Posted December 15th, 2015 in alternative business structures, barristers, consultations, news by sally

‘The Bar Standard Board (BSB) expects to regulate just 20 alternative business structures (ABS) each year in the first three years after it becomes a licensing authority.’

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Legal Futures, 15th December 2015

Source: www.legalfutures.co.uk

Antiques dealer jailed for organising theft of Alzheimer’s sufferers’ cherished belongings – Daily Telegraph

Posted December 15th, 2015 in artistic works, elderly, mental health, news, sentencing, theft by sally

‘The treasured possessions and family heirlooms were stolen from elderly homeowners as they slept.’

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Daily Telegraph, 14th December 2015

Source: www.telegraph.co.uk

Jack Adcock death: Doctor and nurse get suspended sentences for manslaughter – BBC News

‘A doctor and an agency nurse who “seriously neglected” a six-year-old boy who died in hospital have been sentenced for his manslaughter.’

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BBC News, 14th December 2015

Source: www.bbc.co.uk

When humanitarian law meets human rights – OUP Blog

Posted December 15th, 2015 in human rights, international law, news, treaties, war by sally

‘As we reflect on Human Rights Month and the implications of conflict throughout 2015, we have asked some of the humanitarian law scholars who contributed to the new Geneva Conventions Commentary to explore the interplay between these two important legal disciplines, and how we should approach them in the future.’

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OUP Blog, 15th December 2015

Source: www.blog.oup.com

Nurofen makers under investigation after court rules on misleading adverts – The Guardian

Posted December 15th, 2015 in advertising, complaints, medicines, news by sally

‘The UK’s advertising watchdog is investigating claims made by the makers of Nurofen after an Australian court ordered the company to step selling several versions of the popular painkiller.’

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The Guardian, 15th December 2015

Source: www.guardian.co.uk

Lords reject attempt to lower EU referendum voting age to 16 – The Guardian

Posted December 15th, 2015 in children, elections, news, parliament, referendums by sally

‘Sixteen- and 17-year-olds will not be given the vote in the the planned EU referendum, after peers succumbed to a government demand and voted to reject an extension of the franchise.’

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The Guardian, 14th December 2015

Source: www.guardian.co.uk

Police forces let down vulnerable victims, says watchdog – Daily Telegraph

Posted December 15th, 2015 in disabled persons, domestic violence, elderly, news, police, reports, victims by sally

‘Official report says the elderly, disabled and domestic violence victims are not receiving an adequate service from nearly three quarters of forces in England and Wales.’

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Daily Telegraph, 15th December 2015

Source: www.telegraph.co.uk

Nurses jailed for falsifying stroke patients’ records – The Guardian

Posted December 15th, 2015 in community service, negligence, news, nurses, sentencing by sally

‘Two nurses have been jailed for “playing with people’s lives” by falsifying vulnerable stroke patients’ vital medical tests.’

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The Guardian, 14th December 2015

Source: www.guardian.co.uk

‘Battle of Orgreave’: Legal submission for public inquiry – BBC News

Posted December 15th, 2015 in industrial action, inquiries, news, police by sally

‘Legal papers demanding a public inquiry into police conduct during violent clashes of the 1984-5 miners’ strike are due to be handed to the government.’

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BBC News, 15th December 2015

Source: www.bbc.co.uk