Author: sally

SPCs – unhealthy combinations of new cases – Technology Law Update

Posted February 27th, 2014 in intellectual property, medicines, news, patents by sally

‘The Supplementary Protection Certificate. A marvellous little device for giving back to a patent owner the lost years during which it has been obtaining regulatory approval for its products in those heavily regulated areas: pharmaceuticals and plant protection products. You simply extend the patent by the number of years that the product has spent caught up in the approval process, and there you are. A gain of up to five valuable years on the end of your patent in the prime of the product’s life.’

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Technology Law Update, 26th February 2014

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

DPP seeks public views on bringing non-recent cases to court – where a nominal penalty is likely – Crown Prosecution Service

Posted February 27th, 2014 in consultations, Crown Prosecution Service, delay, news, prosecutions, victims by sally

‘The Director of Public Prosecutions has today instructed prosecutors not to dismiss complaints about crimes allegedly committed decades ago just because of the lapse in time of reporting, in a shift of focus towards ensuring potential victims have their day in court.’

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Crown Prosecution Service, 27th February 2014

Source: http://blog.cps.gov.uk

FOIA disclosures: ‘motive blindness’ and risks to mental health – Panopticon

Posted February 27th, 2014 in disclosure, freedom of information, mental health, news, tribunals by sally

‘Some FOIA ‘mantras’ frustrate requesters, such as judging matters as at the time of the request/refusal, regardless of subsequent events. Others tend to frustrate public authorities, such as ‘motive blindness’. A recent Tribunal discusses and illustrates both principles – in the context of the distress (including a danger to mental health) likely to arise from disclosure.’

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Panopticon, 26th February 2014

Source: www.panopticonblog.com

Cap on housing benefit is lawful, says Court of Appeal – UK Human Rights Blog

Posted February 27th, 2014 in appeals, benefits, domestic violence, housing, human rights, news, regulations, sex discrimination, social security, treaties by sally

‘The Court of Appeal has rejected on all grounds a claim that the cap on housing benefit amounted to unlawful discrimination against women.’

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UK Human Rights Blog, 26th February 2014

Source: www.ukhumanrightsblog.com

Lee Rigby murder: Michael Adebolajo gets whole-life jail term – The Guardian

Posted February 27th, 2014 in appeals, murder, news, sentencing, terrorism by sally

‘The two terrorists who murdered British soldier Lee Rigby on a south London street fought with guards yesterday in the dock of the court yards from the grieving family of the soldier they butchered as a judge sentenced the mastermind of the attack to die in prison.’

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The Guardian, 26th February 2014

Source: www.guardian.co.uk

Education Law for Local Authorities in the Age of Academies – 11 KBW

Posted February 27th, 2014 in disability discrimination, education, local government, news, special educational needs, teachers by sally

‘Local authorities no longer run many of our publicly funded schools in England but still have plenty to occupy them in the education field. They have a role in the setting up of new academies. They still run their maintained community schools. In Wales, they remain the Welsh government’s preferred providers of state education. They have intervention powers and can suspend a school’s delegated budget.’

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11 KBW, 24th February 2014

Source: www.11kbw.com

Domestic violence puts 10,000 at high risk of death or serious injury – The Guardian

Posted February 27th, 2014 in domestic violence, news, police, statistics by sally

‘More than 10,000 women and children are at high risk of being murdered or seriously injured by current or former partners, according to police assessments obtained by the Guardian.’

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The Guardian, 26th February 2014

Source: www.guardian.co.uk

Pianist John Briggs jailed for indecent assaults – BBC News

Posted February 27th, 2014 in news, sentencing, sexual offences by sally

‘A renowned concert pianist has been jailed for eight years after being found guilty of indecently assaulting music pupils.’

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BBC News, 26th February 2014

Source: www.bbc.co.uk

Judge approves Savile compensation scheme – Daily Telegraph

Posted February 27th, 2014 in banking, compensation, executors, news, trusts, victims by sally

‘Victims of serial sex offender Jimmy Savile are a step closer to getting compensation after a judge sanctioned a scheme to award payouts.’

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Daily Telegraph, 26th February 2014

Source: www.telegraph.co.uk

Jeremy Hunt: Mid Staffordshire NHS Trust will be dissolved – The Independent

Posted February 27th, 2014 in health, hospitals, news by sally

‘The troubled Mid Staffordshire NHS Trust will be dissolved, the Health Secretary Jeremy Hunt has confirmed, with its two hospitals taken over by neighbouring NHS Trusts.’

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The Independent, 26th February 2014

Source: www.independent.co.uk

Pre-nuptial agreements ‘should be legally binding in divorce cases’ – The Guardian

Posted February 27th, 2014 in divorce, Law Commission, news, prenuptial agreements, reports by sally

‘Prenuptial agreements should be legally binding in divorce settlements, but only after the needs of the separating couple and any children have been taken into account, the Law Commission has recommended.’

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The Guardian, 27th February 2014

Source: www.guardian.co.uk

Magistrate numbers in England and Wales fall by 1,837 – BBC News

Posted February 27th, 2014 in elderly, magistrates, news, statistics by sally

‘The number of magistrates in England and Wales fell by 1,837 last year, new figures have revealed.’

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BBC News, 27th February 2014

Source: www.bbc.co.uk

Soldier jailed for brutally kicking injured cat to death – The Independent

Posted February 27th, 2014 in animal cruelty, armed forces, news, sentencing by sally

‘A former soldier has been jailed for 18 weeks after he savagely kicked an injured cat to death in the middle of the street.’

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The Independent, 26th February 2014

Source: www.independent.co.uk

Prince Charles’s letters: recipients’ identities must stay secret, say lawyers – The Guardian

Posted February 27th, 2014 in appeals, confidentiality, disclosure, freedom of information, news, royal family, veto by sally

‘The identities of the ministers who received confidential letters from Prince Charles promoting his personal views must remain concealed, government lawyers argued on Wednesday.’

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The Guardian, 26th February 2014

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 25th, 2014 in law reports by sally

High Court (Chancery Division)

Constantin Medien AG v Ecclestone & Ors [2014] EWHC 387 (Ch) (20 February 2014)

Clutterbuck & Anor v Al Amoudi [2014] EWHC 383 (Ch) (20 February 2014)

Cometson & Anor v Merthyr Tydfil County Borough Council [2014] EWHC 419 (Ch) (21 February 2014)

High Court (Family Division)

K v B [2014] EWHC B7 (Fam) (31 January 2014)

SAB (A Child), Re [2014] EWHC 384 (Fam) (23 January 2014)

High Court (Commercial Court)

Mar -Train Heavy Haulage Ltd v Shipping.Dk Chartering A/S (t/a Frank&tobiesen A/S) & Ors [2014] EWHC 355 (Comm) (20 February 2014)

Summit Navigation Ltd & Anor v Generali Romania Asigurare Reasigurare SA Ardaf SA & Anor [2014] EWHC 398 (Comm) (21 February 2014)

Source: www.bailii.org

Regina v Price and another – WLR Daily

Posted February 25th, 2014 in appeals, armed forces, duty of care, law reports, negligence, standards by sally

Regina v Price and another [2014] EWCA Crim 229; [2013] WLR (D) 86

‘The standard of care required to avoid the service offence of negligent performance of a duty, contrary to section 15(2) of the Armed Forces Act 2006, was to be measured against the standard to be expected of the reasonable serviceman having similar training, knowledge and experience as the accused. A subjective consideration of a defendant’s skills or weaknesses had no place in the objective judgment whether the defendant had reached the appropriate standard of care.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same – WLR Daily

Posted February 25th, 2014 in appeals, asylum, EC law, human rights, international law, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same [2014] UKSC 12; [2014] WLR (D) 89

‘A presumption that members of an alliance of states such as those which comprised the European Union would comply with their international obligations in regard to refugee protection did not extinguish the need to examine whether in fact those obligations would be fulfilled when evidence was presented that it was unlikely that they would be. The removal of a person from a member state of the European Union was forbidden if it were shown that there was a real risk that the person removed would suffer inhuman or degrading treatment in violation of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It did not need to be shown that the source of that risk was a systemic deficiency in the asylum and reception procedures of the state to which the person was being removed.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Lee Rigby’s murderers – are whole life terms inevitable? – Halsbury’s Law Exchange

Posted February 25th, 2014 in human rights, murder, news, sentencing by sally

‘Michael Adebolajo and Michael Adebowale were convicted of murdering Fusilier Lee Rigby last year. Sentencing was adjourned, however, until such time as the domestic courts had ruled on the legality of the whole life tariff following the Strasbourg ruling in Vinter v UK.’

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Halsbury’s Law Exchange, 25th February 2014

Source: www.halsburyslawexchange.co.uk

Landlords win legal battle over Game – Daily Telegraph

Posted February 25th, 2014 in appeals, insolvency, landlord & tenant, news, rent by sally

‘Court of Appeal ruling gives high street landlords more protection in administrations’

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Daily Telegraph, 24th February 2014

Source: www.telegraph.co.uk

Family set blames legal aid cuts for closure – Law Society’s Gazette

Posted February 25th, 2014 in barristers, legal aid, news by sally

‘Barristers at a leading family law set with 28 members have voted to dissolve the chambers, blaming the impact of legal aid cuts.’

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Law Society’s Gazette, 24th February 2014

Source: www.lawgazette.co.uk