Author: sally

Copyright – Duchess of Sussex v Associated Newspapers Ltd – NIPC Law

Posted June 15th, 2021 in copyright, data protection, injunctions, media, misuse of private information, news, royal family by sally

‘At a directions hearing before Lord Justice Warby on 5 May 2021, His Lordship granted summary judgment to the Duchess of Sussex in her claim for copyright infringement against the publisher of The Mail on Sunday and The Mail Online. He made a number of consequential orders and gave directions for the taking of an account of profits. His judgment in Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 1245 (Ch) (12 May 2021) sets out the reasons for those orders and directions.’

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NIPC Law, 13th June 2021

Source: nipclaw.blogspot.com

Public inquiry opens into Met police killing of unarmed Jermaine Baker – The Guardian

Posted June 15th, 2021 in firearms, fugitive offenders, inquiries, news, police, prisons by sally

‘A public inquiry into the death of an unarmed man shot by a Metropolitan police marksman during a foiled prison break has heard that a bug in the getaway car picked up the occupants saying they did not have a real gun.’

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The Guardian, 14th June 2021

Source: www.theguardian.com

Call to curb return to practice of barristers suspended for sexual misconduct – Legal Futures

Posted June 15th, 2021 in barristers, continuing professional development, disciplinary procedures, harassment, news, sexual offences by sally

‘Barristers suspended for sexual misconduct should face conditions when they returning to practice, such as bans from taking pupils or being featured in legal directories, a campaigning group has recommended.’

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Legal Futures, 15th June 2021

Source: www.legalfutures.co.uk

Neo-Nazi ex-Ukip member jailed for 18 years for terror offences – The Guardian

Posted June 15th, 2021 in explosives, news, racism, sentencing, terrorism by sally

‘A former Ukip member who posted violent racist, antisemitic and Islamophobic propaganda online and collected the means for making bombs has been jailed for 18 years.’

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The Guardian, 14th June 2021

Source: www.theguardian.com

Police forces ‘don’t know how stalking law works’ – BBC News

Posted June 15th, 2021 in crime prevention, harassment, HIV, news, police, stalking by sally

‘New powers to protect stalking victims are not being used by some UK police forces, a BBC investigation has found.’

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BBC News, 15th June 2021

Source: www.bbc.co.uk

A Guide to Immigration Subject Access Requests – Richmond Chambers

Posted June 14th, 2021 in chambers articles, data protection, disclosure, freedom of information, government departments, immigration, news by sally

‘Subject Access Requests (SARs) are an essential tool for individuals and their lawyers, especially when it comes to immigration and nationality law. This post looks at what they are, why they are important, and how to make an Immigration Subject Access Request.’

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Richmond Chambers, 9th June 2021

Source: immigrationbarrister.co.uk

Family Affairs Financial Remedies Update June 2021 – St John’s Chambers

Posted June 14th, 2021 in chambers articles, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Not for the first time, the reported cases are dominated by parties with limited connection with England and Wales, or indeed with the quotidian financial experience of most of those involved in litigation before our courts. There is a handful of cases which address the impact of the pandemic but, as Judge Kloss observed in one, the fact that there has not been a ‘tsunami’ of Barder applications suggests that the exceptionality condition for such applications is being recognised.’

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St John's Chambers, 8th June 2021

Source: www.stjohnschambers.co.uk

Individuals and the court process: Proposed changes to CPR 45 in light of recent amendments to the overriding objective – St Philips Barristers

Posted June 14th, 2021 in chambers articles, civil procedure rules, courts, news, practice directions, witnesses by sally

‘Benjamin Clayton discusses proposed amendments to CPR 45, in the context of the recent update pertaining to vulnerable witnesses. Such changes not only take greater account of individual differences, but also put to bed long standing arguments between claimants and defendants.’

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St Philips Barristers, 4th June 2021

Source: st-philips.com

Court of Protection Newsletter – Spire Barristers

Posted June 14th, 2021 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 9th June 2021

Source: spirebarristers.co.uk

Britvic PLC v Britvic Pensions: Court of Appeal Decision Overturns High Court on Interpretation and “Corrective Construction” – Wilberforce Chambers

Posted June 14th, 2021 in appeals, chambers articles, contracts, interpretation, news, pensions by sally

‘The Court of Appeal has just handed down its decision in Britvic PLC v Britvic Pensions [2021] EWCA CIV 867, overturning the first instance High Court decision. It is a major decision on interpretation (applying principles applicable to contracts and other documents, and not just pension schemes). This note focuses on the interpretation issue of general application; a second note will touch on the pensions-specific aspects.’

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Wilberforce Chambers, 11th June 2021

Source: www.wilberforce.co.uk

Can an individual be a ‘worker’ if they are not obliged to accept any work at all? – 3PB

Posted June 14th, 2021 in chambers articles, employment, employment tribunals, holiday pay, news by sally

‘The Nursing and Midwifery Council (‘NMC’) is the regulator of Nurses and Midwives in the UK. Pursuant to the Nursing and Midwifery Order 2001, the NMC has a Fitness to Practise Committee (‘FTP’), which determines allegations of impairment of fitness to practise. The Claimant was appointed as a panel member and chair of the FTP for a four-year term on 16 April 2012. He was appointed for a further four-year term in April 2016.’

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3PB, 10th June 2021

Source: www.3pb.co.uk

The Tort of Nuisance – Overlook it at Your Peril – 4 King’s Bench Walk

Posted June 14th, 2021 in chambers articles, news, nuisance by sally

‘In this month’s Construction Law 4KBW’s Chris Bryden (2003) and Georgia Whiting (2011) examine the tort of private nuisance, a complex area which they warn has the potential to affect construction professionals in far-reaching (and evolving) ways.’

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4 King's Bench Walk, 3rd June 2021

Source: www.4kbw.co.uk

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty – Local Government Lawyer

Posted June 10th, 2021 in care homes, Court of Protection, deprivation of liberty safeguards, elderly, news by sally

‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’

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Local Government Lawyer, 10th June 2021

Source: www.localgovernmentlawyer.co.uk

Driver sacked for drinking in club while sick wins tribunal – BBC News

Posted June 10th, 2021 in disciplinary procedures, news, unfair dismissal by sally

‘A driver who was sacked after he was seen drinking in a social club while off work through illness has won his case at an employment tribunal.’

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BBC News, 9th June 2021

Source: www.bbc.co.uk

Documents privileged despite ‘element of deception’ – Law Society’s Gazette

Posted June 10th, 2021 in disclosure, documents, misrepresentation, negligence, news, privilege by sally

‘The High Court has ruled that a litigant’s legal documents must remain privileged despite it being accepted they were part of an information-gathering deception.’

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Law Society's Gazette, 9th June 2021

Source: www.lawgazette.co.uk

Court sanctions Part 26A restructuring plan – Mills & Reeve

Posted June 10th, 2021 in choice of forum, company law, conflict of laws, insolvency, jurisdiction, news by sally

‘The court considered whether it could make an order sanctioning a Part 26A restructuring plan (“Plan”) where the company was incorporated in England to rely on the English court’s jurisdiction to sanction a Plan.’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Lord Chancellor unveils court staff pay deal and review of his role – Legal Futures

Posted June 10th, 2021 in civil servants, constitutional reform, lord chancellor, Ministry of Justice, news, remuneration by sally

‘The Treasury has agreed a three-year pay deal for court staff after negotiations with the Ministry of Justice (MoJ), the Lord Chancellor has announced.’

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Legal Futures, 9th June 2021

Source: www.legalfutures.co.uk

Anxious workers can wear headphones after discrimination ruling – Daily Telegraph

Posted June 10th, 2021 in disability discrimination, employment, employment tribunals, mental health, news by sally

‘People with anxiety should be allowed to listen to music as they work, an employment tribunal has ruled.’

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Daily Telegraph, 10th June 2021

Source: www.telegraph.co.uk

Siblings who fatally force-fed man as he slept on train jailed for manslaughter – BBC News

Posted June 10th, 2021 in homicide, news, sentencing by sally

‘Two siblings who force-fed kebab meat to an “intoxicated” man as he slept on a train, causing his death, have been jailed for manslaughter.’

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BBC News, 9th June 2021

Source: www.bbc.co.uk

EU Settled Status scheme – what to expect if you miss the deadline – EIN Blog

Posted June 9th, 2021 in brexit, EC law, immigration, news, visas by sally

‘If you are an EU national resident in the UK before Brexit you can protect your right of residence. All you need to do is make an application for settled status or pre-settled status. This application is made online and, if you avoid technical difficulties, will take only a few minutes to complete. The deadline is 30 June 2021.’

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EIN Blog, 7th June 2021

Source: www.ein.org.uk