Rory Cochrane comments on Supreme Court’s latest telecommunications decision – Devereux Chambers

‘Last week [8 March], the Supreme Court handed down its decision in VIP Communications (In Liquidation) v Secretary of State for the Home Department [2023] UKSC 10, upholding the Secretary of States’ appeal. The Supreme Court has confirmed that the Secretary of State can rely on section 5 of the Communications Act 2003 to direct Ofcom, on national security grounds, not to make regulations exempting commercial multi-user GSM gateways (COMUGs) from licensing.’

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Devereux Chambers, 8th March 2023

Source: www.devereuxchambers.co.uk

Court to rule on lawfulness of remote hearings – Law Society’s Gazette

Posted April 14th, 2023 in licensed premises, licensing, local government, news, remote hearings by tracey

‘The lawfulness of local authority licensing hearings held remotely will be decided in a judgment expected later this month.’

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Law Society's Gazette, 13th April 2023

Source: www.lawgazette.co.uk

Institute of Licensing issues briefing note on Rehabilitation of Offenders Act – Local Government Lawyer

Posted March 29th, 2023 in criminal records, disclosure, licensing, local government, news, rehabilitation by sally

‘The Institute of Licensing (IoL) has issued a briefing note on the Rehabilitation of Offenders Act 1974 in order to provide assistance to licensing authorities, applicants and representatives in relation to protected convictions and cautions.’

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Local Government Lawyer, 28th March 2023

Source: www.localgovernmentlawyer.co.uk

UK High Court decision paves the way on setting global FRAND royalty rate – OUT-LAW.com

Posted March 17th, 2023 in intellectual property, licensing, news, patents, telecommunications by tracey

‘The High Court in London has issued its first global fair, reasonable and non-discriminatory (FRAND) licensing decision since the UK Supreme Court’s landmark Unwired Planet ruling in 2020, confirming the approach taken by the judge in that case.’

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OUT-LAW.com, 16th March 2023

Source: www.pinsentmasons.com

New Judgment: R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog

‘This appeal raised an issue of statutory construction. It arises in the context of a type of equipment known as commercial multi-user GSM (Global Systems for Mobile Communications) gateway apparatus (“COMUGs”). GSM gateways are telecommunications equipment containing one or more SIM cards, as used in mobile phones. They enable phone calls and text messages from landlines to be routed directly on to mobile networks. When a call is routed through a GSM gateway, the only data transmitted over the network is the number and location of the SIM card in the GSM gateway. It does not transmit information such as the identity of the calling party and (in the case of a mobile phone) the user’s location, as would ordinarily be the case without a GSM gateway.’

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UKSC Blog, 8th March 2023

Source: ukscblog.com

Boy, 14, sentenced for causing death after crashing into woman with e-scooter – The Guardian

‘A 14-year-old boy has been sentenced for causing the death of a woman after colliding with her while riding a private e-scooter on the pavement.’

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The Guardian, 8th March 2023

Source: www.theguardian.com

City council settles claim alleging “discriminatory” pavement licensing policy – Local Government Lawyer

‘City of York Council has settled a wheelchair user’s judicial review claim, which argued the local authority’s pavement licensing policy was discriminatory.’

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Local Government Lawyer, 1st March 2023

Source: www.localgovernmentlawyer.co.uk

A sustainable future – reforming club football governance – Government publications

Posted March 2nd, 2023 in financial regulation, licensing, news, parliamentary papers, sport by tracey

‘This White Paper sets out the government’s comprehensive plan to introduce an independent regulator for professional clubs in the English football pyramid.’

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Government publications, 23rd February 2023

Source: assets.publishing.service.gov.uk

‘Catastrophic failings’ at gun licence unit, but no officers or staff lose jobs – The Independent

Posted February 21st, 2023 in disciplinary procedures, firearms, inquests, licensing, news, police, unlawful killing by tracey

‘None of the police officers or staff investigated over the handling of Jake Davison’s gun licence will lose their jobs despite a jury finding there were “catastrophic failings” in the force’s firearms licensing department.’

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The Independent, 20th February 2023

Source: www.independent.co.uk

Calls for radical reform of gun laws after Plymouth shooting – The Guardian

Posted February 21st, 2023 in disciplinary procedures, firearms, inquests, licensing, news, police, unlawful killing by tracey

‘Senior police officers, families of shooting victims and anti-gun campaigners have called for a “radical reform” of the firearms licensing system after an inquest jury found “catastrophic” failings allowed the Plymouth gunman, Jake Davison, to legally possess a shotgun that he used to kill five people.’

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The Guardian, 20th February 2023

Source: www.theguardian.com

Jet Skis: New rules crack down on reckless water scooter use – BBC News

Posted January 30th, 2023 in animals, birds, environmental protection, licensing, news, transport, water by tracey

‘Welsh wildlife experts have welcomed measures to crack down on reckless water scooter use.’

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BBC News, 29th January 2023

Source: www.bbc.co.uk

UK ministers face legal challenge over North Sea oil and gas licences – The Guardian

‘The UK government is facing a fresh challenge in the courts over plans to award up to 130 new licences for North Sea oil and gas exploration, in the latest attempt to stop ministers’ proposed expansion of the country’s fossil fuel production.’

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The Guardian, 12th December 2022

Source: www.theguardian.com

Taxi driver licence appeals: burden of proof – Local Government Lawyer

Posted November 28th, 2022 in appeals, burden of proof, licensing, local government, news, taxis by tracey

‘Prof Roy Light analyses the case law around the burden of proof in taxi driver licence appeals.’

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Local Government Lawyer, 25th November 2022

Source: www.localgovernmentlawyer.co.uk

Simon Lee: Wednesbury’s 75th Anniversary – UK Constitutional Law Association

Posted November 11th, 2022 in constitutional law, judges, legal history, licensing, local government, news, ultra vires by tracey

‘Judgment was given in the famous Wednesbury case 75 years ago today, on 10th November 1947. Readers of this blog know full well the facts of the case, the judgment of Lord Greene (reported [1948] 1 KB 223), the mythical status of “Wednesbury unreasonableness” and critiques thereof, such as Lord (previously Sir Robin) Cooke’s dislike of what he saw as Lord Greene’s circumlocution, a “retrogressive” decision and the unnecessary use of “the geographical epithet” of Wednesbury.’

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UK Constitutional Law Association, 10th November 2022

Source: ukconstitutionallaw.org

Council makes its first Interim Management Order to take over running of HMO following failings of landlord – Local Government Lawyer

‘Coventry City Council has made its first Interim Management order following what it described as a landlord’s “persistent failure” to licence a House in Multiple Occupation (HMO) in the area.’

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Local Government Lawyer, 11th October 2022

Source: www.localgovernmentlawyer.co.uk

Property Guardians and HMOs – on we go. – Nearly Legal

Posted October 11th, 2022 in houses in multiple occupation, licensing, local government, news by tracey

‘Global Guardians Management Ltd & Ors v London Borough of Hounslow & Ors (2022) UKUT 259 (LC). This was Global Guardians’ appeal of an FTT decisions that occupation by property guardians was capable of making a property a licensable HMO, and that Global Guardians (and Global 100) were in control and/or management of the property. This was in two matters – one being Global’s appeal of civil penalties imposed by LB Hounslow, and the other being rent payment orders made against Global 100 in favour of guardian occupiers.’

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Nearly Legal, 5th October 2022

Source: nearlylegal.co.uk

No duty owed to taxi driver – Local Government Lawyer

‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’

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Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Council succeeds in part over whether landlords were “fit and proper” – Local Government Lawyer

Posted September 15th, 2022 in fraud, housing, landlord & tenant, licensing, local government, news by tracey

‘A London borough has won on two limited points out of four grounds on which it appealed in a case over whether landlords were “fit and proper”.’

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Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

Environment Agency told to protect wetlands in landmark court case – The Guardian

‘The high court has ordered the Environment Agency to reduce water abstraction and protect England’s rare wetland habitats, in a landmark case that confirms that European nature conservation laws remain enforceable despite Britain having left the EU.’

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The Guardian, 7th September 2022

Source: www.theguardian.com

Camelot drops UK national lottery legal challenge – The Guardian

Posted September 7th, 2022 in appeals, gambling, licensing, news by sally

‘Camelot has dropped its appeal against a legal ruling over the handover of its licence to operate the UK’s national lottery to its rival Allwyn.’

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The Guardian, 6th September 2022

Source: www.theguardian.com