Ministry of Sound sues Spotify for copyright infringement – The Guardian

Posted September 4th, 2013 in artistic works, copyright, injunctions, internet, news by sally

“Dance music brand Ministry of Sound is suing Spotify for copyright infringement, claiming the streaming music company has refused to delete users’ playlists that copy its compilation albums.”

Full story

The Guardian, 4th September 2013

Source: www.guardian.co.uk

First judicial order for non-therapeutic male sterilisation – Sovereign Chambers

Posted September 3rd, 2013 in consent, learning difficulties, news, sterilisation by sally

“A father has become the first man to be sterilised on the orders of a court after a judge ruled that it was ‘in his best interests’. It is the first time in this jurisdiction that a court has made orders permitting the sterilisation for non-therapeutic reasons of a male unable to consent to such a procedure.”

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Sovereign Chambers, 30th August 2013

Source: www.sovereignchambers.co.uk

Richard III and Judicial Review – Sovereign Chambers

Posted September 3rd, 2013 in burials and cremation, judicial review, news, royal family by sally

“There is a row about the bones of the late King Richard III. Or to be precise, where those bones should be reinterred. As is widely known, they were discovered, remarkably intact, buried beneath what is was now a car park for the Social Services Department for Leicester Council. It had previously been part of the graveyard of a Gray Friars Church, I believe, and Richard’s naked body was flung in to a grave after he had died defending his crown at the Battle of Bosworth on 22nd August 1485. All the evidence, including the skeleton itself with its curvature of the spine (scoliosis, not a hunchback, by the way – a Tudor slur, possibly one of many), the manner and cause of death (see below) and now DNA tests via the line of Richard’s relatives which still survive, prove beyond reasonable doubt that the body is that of the King.”

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Sovereign Chambers, 28th August 2013

Source: www.sovereignchambers.co.uk

Luis Suarez: When ‘Good Faith’ Bites – Littleton Chambers

Posted September 3rd, 2013 in contract of employment, contracts, news, sport by sally

“Will he stay or will he go? It appears that the future of Luis Suarez at Liverpool hinges on the operation of a release clause in his contract. According to various media sources, it provides that: if, subsequent to a failure to qualify for the Champions League, Liverpool receive a bid to buy Suarez in excess of £40m then the decision as to whether or not to accept the offer must be made in ‘good faith’.”

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Littleton Chambers, 22nd August 2013

Source: www.littletonchambers.com

Costs of Third Party Interveners in Regulatory Proceedings – Littleton Chambers

Posted September 3rd, 2013 in costs, health & safety, judicial review, news, third parties by sally

“The issue of the costs of third party interveners in judicial review proceedings was dealt with recently in the case of R (Peel Investments) v Health and Safety Executive [2013] EWHC 1012 (Admin), [2013] Env. L.R. D6. Peel involved a novel application of established principles on costs that will be of interest to all those advising commercial bodies in regulated industries in respect of intervening in judicial review proceedings.”

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Littleton Chambers, 22nd August 2013

Source: www.littletonchambers.com

Fighting economic crime in the modern world – Attorney General’s Office

“Solicitor General makes the opening speech of the 31st Cambridge International Symposium on Economic Crime Originally given at Cambridge.”

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Attorney General’s Office, 2nd September 2013

Source: www.gov.uk/ago

Important changes to Public Access training – Bar Standards Board

Posted September 3rd, 2013 in barristers, continuing professional development, legal education, news by sally

“New training requirements for Public Access barristers will come into force later this year.”

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Bar Standards Board, 2nd September 2013

Source: www.barstandardsboard.org.uk

EVENT: Inner Temple Lecture Series – Master Mahoney -The Relationship between the Strasboug Court and the National Courts.

Posted September 3rd, 2013 in Forthcoming events by sally

“Judge at the European Court of Human Rights and Master of the Bench at Inner Temple, Judge Paul Mahoney will be presenting the fourth of five lectures as part of the Inner Temple’s Lecture Series on Human Rights and our Relationship with the Strasbourg Court.

Having held numerous positions within the Strasbourg Court, including (but not exclusive to) Principle Administrator, Registrar, and the UK’s Judge at the European Court of Human Rights, Master Mahoney will be considering the relationship between the Strasbourg and National Courts.”

Date: Monday 7th October 2013, 6.30pm

Location: The Honourable Society of the Inner Temple.

Charge: Varied – please visit the Inner Temple Website for further information and details of how to book. Booking available from August 2013.

More information can be found here.

EVENT: Inner Temple Lecture Series – Master Reed – The Common Law and the ECHR

Posted September 3rd, 2013 in Forthcoming events by sally

“Justice of the Supreme Court and Master of the Bench at Inner Temple, The Rt Hon Lord Robert Reed, will be presenting the final lecture of the Inner Temple’s 2013 Lecture Series on Human Rights and our Relationship with the Strasbourg Court.

Having sat as a principle judge in the Commercial Court, at the Inner House of the Court of Session, on occasion as the UK’s Judge at the European Court of Human Rights, and hailed as the authority on human rights law in Scotland, Master Reed will be considering Common Law and the Strasbourg Court.”

Date: Monday 11th October 2013, 6.30pm

Location: The Honourable Society of the Inner Temple.

Charge: Varied – please visit the Inner Temple Website for further information and details of how to book. Booking available from August 2013.

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted September 3rd, 2013 in legislation by sally

The Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2013

The Growth and Infrastructure Act 2013 (Commencement No. 4) Order 2013

The Firefighters’ Pension Scheme (Amendment) (No. 3) (England) Order 2013

The Smoke Control Areas (Exempted Fireplaces) (England) (No. 2) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 3rd, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Carr v Penman [2013] EWHC 2679 (QB) (02 September 2013)

High Court (Chancery Division)

Eclairs Group Ltd & Anor v JKX Oil & Gas Plc & Ors [2013] EWHC 2631 (Ch) (30 August 2013)

High Court (Administrative Court)

United States of America (USA) v Shlesinger [2013] EWHC 2671 (Admin) (02 September 2013)

Source: www.bailii.org

Commercial Court waiting times increase – Litigation Futures

Posted September 3rd, 2013 in Commercial Court, courts, delay, news, reports by sally

“There are lengthening delays in the Commercial Court, with the Lord Chief Justice speaking of the ‘powerful’ pressures on the civil justice system.”

Full story

Litigation Futures, 3rd September 2013

Source: www.litigationfutures.com

Soca wields new powers to freeze global assets of super-rich foreigners – The Independent

“The embattled Serious Organised Crime Agency heads into fresh controversy on Tuesday as it emerges it has won sweeping new powers allowing it to freeze assets of super-rich foreigners suspected of fraud.”

Full story

The Independent,

Source: www.independent.co.uk

Mother jailed after knocking down cyclist as she fiddled with sat nav – Daily Telegraph

Posted September 3rd, 2013 in bicycles, dangerous driving, homicide, news, sentencing by sally

“A mother-of-two who knocked down and killed a cyclist because she was distracted by her sat nav has been jailed.”

Full story

Daily Telegraph, 3rd September 2013

Source: www.telegraph.co.uk

Unpaid intern who sued Sony awarded £4,600

Posted September 3rd, 2013 in employment, minimum wage, news, volunteers by sally

“An intern at Sony has reached a £4,600 settlement with the company after suing for unpaid wages.”

Full story

The Independent, 2nd September 2013

Source: www.independent.co.uk

Beghal v Director of Public Prosecutions – WLR Daily

Beghal v Director of Public Prosecutions [2013] EWHC 2573 (Admin); [2013] WLR (D) 341

“The provisions in Schedule 7 to the Terrorism Act 2000 conferring powers to stop, question, and detain a person at a port or border for up to nine hours for the purpose of determining whether he appeared to be a person concerned in the commission, preparation or instigation of acts of terrorism were not incompatible with article 5, 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms; or with the right to freedom of movement under articles 20 and 21 of the Treaty on the Functioning of the European Union.”

WLR Daily, 28th August 2013

Source: www.iclr.co.uk

Regina (Cherkley Campaign Ltd) v Mole Valley District Council – WLR Daily

Regina (Cherkley Campaign Ltd) v Mole Valley District Council [2013] EWHC 2582 (Admin); [2013] WLR (D) 340

“A direction given by the Secretary of State pursuant to paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 saving specified policies had the effect of also preserving supporting text including the reasoned justification for each policy and descriptive or explanatory material.”

WLR Daily, 22nd August 2013

Source: www.iclr.co.uk

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another – WLR Daily

Posted September 2nd, 2013 in administrators, breach of trust, contracts, insolvency, law reports by sally

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another [2013] EWHC 2556 (Ch); [2013] WLR (D) 339

“For the purposes of the client money rules and the client money distribution rules contained in the Client Assets Sourcebook, CASS 7 and 7A a client’s contractual claim and the amount for which it might prove in respect of such claim fell to be reduced by the amount of any actual or anticipated distribution from the client money pool. The client could not prove for both a claim resulting from a shortfall in the client money trust and the balance of its contractual claim where the shortfall claim did not exceed the contractual claim. However, the rule against double proof did not prevent a claim by a client in respect of a shortfall in payment of its client money entitlement to the extent that it exceeded its contractual claim or in a case where the client had no contractual claim.”

WLR Daily, 16th August 2013

Source: www.iclr.co.uk

Regina (Ignaoua) v Secretary of State for the Home Department – WLR Daily

Posted September 2nd, 2013 in appeals, immigration, judicial review, law reports, public interest, terrorism by sally

Regina (Ignaoua) v Secretary of State for the Home Department [2013] EWHC 2512 (Admin); [2013] WLR (D) 338

“The Secretary of State was entitled to use the new certification provisions in sections 2C of the Special Immigration Appeals Commission Act 1997, as inserted by section 15 of the Justice and Security Act 2013, to terminate existing judicial review proceedings in which she was herself a party.”

WLR Daily, 9th August 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 2nd, 2013 in legislation by sally

The Town and Country Planning (Isles of Scilly) Order 2013

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2013

Source: www.legislation.gov.uk