Recent Statutory Instruments – legislation.gov.uk

Posted October 16th, 2017 in legislation by Verity

The Democratic People’s Republic of Korea (European Union Financial Sanctions) (Amendment) (No. 4) Regulations 2017

The Offshore Asset Moves Penalty (Specified Territories) (Amendment) Regulations 2017

The Sections 106B, 106C and 106D of the Taxes Management Act 1970 (Specified Threshold Amount) Regulations 2017

The Adoption and Children Act Register (Search and Inspection) Regulations 2017

The Agricultural Holdings (Units of Production) (England) Order 2017

The Social Security (Qualifying Young Persons Participating in Relevant Training Schemes) (Amendment) Regulations 2017

The Criminal Justice (Sentencing) (Licence Conditions) (Amendment) Order 2017

Source: www.legislation.gov.uk

Conscientious objection again: Adyan v Armenia – Law & Religion UK

‘In Adyan and Ors v Armenia [2017] ECHR 882, four Jehovah’s Witnesses had been convicted and imprisoned for refusing to perform either military or alternative civilian service.’

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Law & Religion UK, 16th October 2017

Source: www.lawandreligionuk.com

Bar Council say BSB registration plan risks deterring barristers from youth court work – Legal Futures

Posted October 16th, 2017 in advocacy, barristers, news, remuneration, youth courts by sally

‘The Bar Council has strongly attacked a plan by the Bar Standards Board (BSB) for the compulsory registration of youth court advocates, the first scheme of its type.’

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Legal Futures, 16th October 2017

Source: www.legalfutures.co.uk

What’s in a Word? Home Office Lose Torture Definition Case – RightsInfo

‘Last week, the Home Office lost a case over its controversial definition of “torture,” which the High Court ruled was unlawful.’

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RightsInfo, 16th October 2017

Source: rightsinfo.org

Man jailed for fatally stabbing father on busy high street in London – The Guardian

Posted October 16th, 2017 in homicide, imprisonment, London, news, sentencing by sally

‘An insurance worker who stabbed a father to death on a busy high street while his seven-year-old daughter was buying sweets has been jailed for 18 years.’

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The Guardian, 13th October 2017

Source: www.theguardian.com

Construction of Terms in Cross-Licensing Agreements: Koninklijke Philips N.V. v Asustek Computer Incorporation and Others – NIPC Law

‘In FRAND 8 Oct 2017 I discussed the terms upon which patents for inventions that are essential to a standard are licensed. I noted that courts around the world had held that those terms should be fair, reasonable and non-discriminatory – in other words, FRAND. The Court of Appeal’s decision in Koninklijke Philips N.V. v Asustek Computer Incorporation and Others [2017] EWCA Civ 1526 (11 Oct 2017) concerned the construction of a clause licensing such patents. It is important to note, however, that none of the judges who heard the appeal mentioned the acronym, FRAND, and it appeared only twice in the judgment of the trial judge.’

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NIPC Law, 13th October 2017

Source: nipclaw.blogspot.co.uk

High Court judge grants malicious falsehood and data protection injunctions over video content – OUT-LAW.com

‘A UK businessman has been barred from repeating false statements he made about a rival company and one of its senior employees, and ordered not to process the personal data of that employee again.’

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OUT-LAW.com, 13th October 2017

Source: www.out-law.com

Divorce forum disputes: when dual nationality may not be a possibility – Family Law

‘As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important. It is sometimes based on nationality. But some countries prevent citizens having nationality of more than one country. International family lawyers need to be aware of which countries allow or prohibit dual nationality.’

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Family Law, 13th October 2017

Source: www.familylaw.co.uk

Senior judge warns over ‘shaming’ impact of legal aid cuts – The Guardian

‘One of the most senior family court judges has warned about the impact of legal aid cuts and said it was “shaming” to preside over cases in which individuals are forced to represent themselves.’

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The Guardian, 13th October 2017

Source: www.theguardian.com

Copyright in Photographs – Pablo Star Media Ltd v Bowen – NIPC Law

‘The infringement that was the subject of the appeal was the lifting of a fragment of a photo of the great man’s wedding photo in 1937 from the VisitWales.com website and its reuse on a website that advertises holiday cottages in Wales. Liability was not contested so the hearing before Deputy District Judge Vary was an assessment of damages only. According to paragraph [7] of Judge Hacon’s judgment, the learned deputy district judge awarded £250 on the user principle and declined to award additional damages under s.97 (2) of the Copyright, Designs and Patents Act 1988 (“the CDPA”). He ordered the copyright owner to pay the infringer’s travelling expenses on the ground that the claimant had failed in its obligation under CPR 1.3 to help the court further the overriding objective by bringing proceedings in the Irish Republic for infringement of the corresponding Irish copyright and threatening similar proceedings in the USA to maximize cost and pressure on the defendant to settle.’

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NIPC Law, 15th October 2017

Source: nipclaw.blogspot.co.uk

Couple who faked holiday sickness are jailed – The Guardian

Posted October 16th, 2017 in compensation, fraud, holidays, insurance, news, private prosecutions by sally

‘The government has stepped up attempts to eliminate fake holiday sickness scams, as a middle-aged British couple who had boasted on social media about having “sun, laughter and fun” on their holidays were jailed after making false insurance claims.’

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The Guardian, 13th October 2017

Source: www.theguardian.com

News Media Association fails in claim for judicial review of Press Recognition Panel – Transparency Project

Posted October 16th, 2017 in charters, judicial review, media, news, publishing by sally

‘The High Court has rejected NMA’s claim for judicial review of the PRP’s decision to recognise IMPRESS as an independent, charter-compliant press regulator.’

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Transparency Project, 13th October 2017

Source: www.transparencyproject.org.uk

Islamic Faith School’s Gender Segregation Ruled Unlawful – RightsInfo

Posted October 16th, 2017 in education, equality, gender, Islam, news, school children, sex discrimination by sally

‘An Islamic faith school which has a policy of separating girls and boys has been told the rules are unlawful.’

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RightsInfo, 13th October 2017

Source: rightsinfo.org

Lloyds shareholders’ court case over HBOS takeover set to begin – The Guardian

Posted October 16th, 2017 in banking, class actions, news, shareholders, takeovers by sally

‘A £600m case is due to begin in the high court this week which is expected to lead to five former directors of Lloyds Banking Group being asked to explain the circumstances that led to the rescue of HBOS during the height of the financial crisis.’

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The Guardian, 15th October 2017

Source: www.theguardian.com

Carrying acid in public could lead to six months in jail – BBC News

‘People caught twice carrying acid in public should receive a mandatory six-month prison sentence, the Home Office has proposed.’

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BBC News, 14th October 2017

Source: www.bbc.co.uk

Low-level crimes to go uninvestigated in Met police spending cuts – The Guardian

Posted October 16th, 2017 in budgets, crime, London, news, police by sally

‘The Metropolitan police are to stop investigating many lower level crimes as a result of spending cuts, a senior police officer has said.’

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The Guardian, 16th October 2017

Source: www.theguardian.com

Killer drivers to receive life sentences in law change – BBC News

‘Drivers who kill someone in the most serious cases of dangerous and careless driving will now face life sentences.’

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BBC News, 15th October 2017

Source: www.bbc.co.uk

Modern slavery referrals up 300% in UK due to improved identification – The Guardian

‘There has been a 300% increase in the number of victims of modern slavery referred for support in the past six years, and a huge increase in the number of men from Vietnam trafficked to work in illegal cannabis farms.’

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The Guardian, 16th October 2017

Source: www.theguardian.com