Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

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The more things change, the more they stay the same – Hardwicke Chambers

‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

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Freedom of speech, the Prevent duty and higher education – Law & Religion UK

‘S 43 Education (No. 2) Act 1986 (Freedom of speech in universities, polytechnics and colleges) requires “Every individual and body of persons concerned in the government” of further and higher education institutions to “take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured” for staff, students and visiting speakers. The institutions must ensure, “so far as is reasonably practicable”, that use of the premises is not denied to anyone on any ground connected with their beliefs, views, policy or objectives. On the other hand, the Prevent duty in s 26 Counter-Terrorism and Security Act 2015 requires specified authorities – including relevant higher education bodies – to have due regard in the exercise of their functions to the need to prevent people from being drawn into terrorism.’

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Law & Religion UK, 5th April 2017

Source: www.lawandreligionuk.com

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UK charities fined for data law breaches – BBC News

‘Eleven charities have been fined by the UK’s data watchdog for misusing information about millions of past donors to seek further funds.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

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BSB to launch plans for ‘barrister apprenticeships’ – Legal Futures

‘The Bar Standards Board (BSB) is to launch a consultation this summer setting out the rule changes it needs to implement its fiercely contested training reforms, and among them will be a new route to qualification similar to solicitor apprenticeships.’

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Legal Futures, 4th April 2017

Source: www.legalfutures.co.uk

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Crackdown on ‘disguised self-employment’ behind increased HMRC payroll tax take, says expert – OUT-LAW.com

‘HM Revenue and Customs (HMRC) collected an additional £705 million in tax from investigations into companies’ payroll taxes last year, almost half of which was collected from small or medium-sized businesses (SMEs), according to new figures.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

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Assisted dying again: R (Conway) – Law & Religion UK

‘By 2:1, the Administrative Court has dismissed the application of Mr Noel Conway for a declaration that s 2(1) of the Suicide Act 1961 breached his human rights under Articles 8(1) and 14 ECHR.’

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Law & Religion UK, 3rd April 2017

Source: www.lawandreligionuk.com

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Competition tribunal rejects bid to throw out first opt-out class action application – Litigation Futures

‘The Competition Appeal Tribunal (CAT) has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure.’

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Litigation Futures, 5th April 2017

Source: www.litigationfutures.com

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Parking fine appeal success varies between council areas – BBC News

‘The likelihood of successfully challenging parking fines varies widely depending on where drivers get a ticket, research has shown.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

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First ‘snapshot’ of gender pay gap due as reporting requirements come into force – OUT-LAW.com

Posted April 5th, 2017 in disclosure, employment, equal pay, news, Northern Ireland, regulations, statistics by sally

‘Large UK employers will begin publishing their gender pay gaps over the coming months, based on the pay which their employees receive within the pay period in which today’s date falls.’

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OUT-LAW.com, 5th April 2017

Source: www.out-law.com

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Routine denial of access to court file in procurement claims is wrong: judge – Local Government Lawyer

Posted April 5th, 2017 in confidentiality, courts, documents, judges, news, public procurement by sally

‘A practice where all public procurement claims are being marked on the court file as “private”, so that access to the court file in such cases is being routinely denied, is wrong in principle, the judge in charge of the Technology and Construction Court (TCC) has ruled.’

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Local Government Lawyer, 4th April 2017

Source: www.localgovernmentlawyer.co.uk

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Revenge porn victims complain police treated their abuser ‘like the victim’ – Daily Telegraph

‘Revenge porn victims have complained police treated their abuser ‘like the victim’ after he was given police protection at court and was not sent to jail.’

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Daily Telegraph, 4th April 2017

Source: www.telegraph.co.uk

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What is it with judges and women? – The Guardian

‘Men who inflict terrible violence on their partners are walking free from courts that treat their crimes lightly.’

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The Guardian, 2nd April 2017

Source: www.guardian.co.uk

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Road Traffic Liability: stick to your own side of the road … and that means cyclists too – Zenith PI Blog

Posted April 5th, 2017 in appeals, bicycles, negligence, news, road traffic offences by sally

‘One cold, dull January morning (at about 8am) C and a friend, R, were riding their bicycles on a single carriageway road. They were both overtaking a stationary line of traffic on their nearside. There was an area of the road which had flooded and C cycled onto the opposing carriageway in an attempt to avoid a large puddle. In doing so, he collided with D’s car travelling on the opposite side of road. R had managed to cycle through the puddle and avoided going onto the opposing carriageway.’

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Zenith PI Blog, 4th April 2017

Source: www.zenithpi.wordpress.com

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One in three councils targeting rough sleepers with enforcement measures: Crisis – Local Government Lawyer

‘More than one in three councils (36%) are targeting rough sleepers with enforcement measures such as Criminal Behaviour Orders (CBOs) and Public Space Protection Orders (PSPOs), research by national homelessness charity Crisis has suggested.’

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Local Government Lawyer, 4th April 2017

Source: www.localgovernmentlawyer.co.uk

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Driver faces private prosecution over death of cyclist in London – The Guardian

Posted April 5th, 2017 in dangerous driving, homicide, news, private prosecutions by sally

‘The driver of a car that hit a cyclist who later died has appeared at the Old Bailey in a private case brought by the Cyclists’ Defence Fund.

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The Guardian, 3rd April 2017

Source: www.guardian.co.uk

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English court dismisses ‘international law’ issues in Ukrainian Eurobond case – OUT-LAW.com

‘Questions of international law raised by Ukraine in a dispute with Russia involving overdue Eurobond repayments cannot be dealt with by the English courts, the High Court has ruled.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

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Decorator cleared of killing Czech man in London street attack – The Guardian

Posted April 5th, 2017 in homicide, London, news, self-defence by sally

‘A painter and decorator has been cleared of killing a Czech man in a street attack which sparked fears of post-Brexit violence.’

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The Guardian, 3rd April 2017

Source: www.guardian.co.uk

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Licensing Act review committee calls for ‘radical comprehensive overhaul’ – OUT-LAW.com

‘Licensing laws in England and Wales should be changed to give local planning authorities responsibility for determining the rights of businesses to sell alcohol on their premises, according to a House of Lords committee.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

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Council defeats High Court challenge to masterplan and planning permissions – Local Government Lawyer

Posted April 5th, 2017 in judges, judicial review, local government, news, planning, road traffic by sally

‘A Planning Court judge has dismissed three judicial review challenges to Newcastle City Council’s adoption of a masterplan for a major development and two subsequent grants of planning permission.’

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Local Government Lawyer, 3rd April 2017

Source: www.localgovernmentlawyer.co.uk

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