NEW series: “The advocate, the regulator, the TV maker and the client” – Halsbury’s Law Exchange

Posted November 29th, 2013 in advocacy, media, news, quality assurance by sally

“Advocacy is a skill that exposes truth or lies in the court process. It is a forensic challenge that doesn’t depend on the colour of the advocate’s lipstick or the lining of Queen’s Counsel’s suit, but on ability.”

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Halsbury’s Law Exchange, 28th November 2013

Source: www.halsburyslawexchange.co.uk

Court of Appeal upholds strict costs rule in Mitchell case – Law Society’s Gazette

Posted November 27th, 2013 in appeals, budgets, costs, defamation, fees, media, news, solicitors, time limits by sally

‘The Court of Appeal today upheld a strict costs judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting.’

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Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

Linking to infringing material may not on its own be an act of copyright infringement, says UK judge – OUT-LAW.com

Posted November 25th, 2013 in copyright, injunctions, internet, media, news by sally

‘Businesses that merely publish a link on their website to copyright infringing material online may not themselves be liable for copyright infringement, a High Court judge has said.’

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OUT-LAW.com, 22nd November 2013

Source: www.out-law.com

When is an advert “political” for the purposes of a ban under the Communications Act? – UK Human Rights Blog

Posted November 25th, 2013 in advertising, Christianity, freedom of expression, human rights, media, news by sally

‘R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre (Respondent) & Secretary of State for Culture, Media and Sport (Interested Party) [2013] EWCA Civ 1495.The ban on Christian Radio’s proposed advert seeking data on the “marginalisation of Christians” in the workplace was lawful and did not constitute an interference with free speech, the Court of Appeal has ruled. When determining whether a radio or television advertisement was “political” fur the purposes of Section 321(2)(b) of the Communications Act 2003 the court should consider the text objectively; the motives of the advertiser were irrelevant.’

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UK Human Rights Blog, 21st November 2013

Source: www.ukhumanrightsblog.com

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre – WLR Daily

Posted November 25th, 2013 in advertising, Christianity, freedom of expression, law reports, media by sally

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre:[2013] EWCA Civ 1495;   [2013] WLR (D)  445

‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre

Posted November 22nd, 2013 in advertising, appeals, Christianity, law reports, media by sally

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre:[2013] EWCA Civ 1495;   [2013] WLR (D)  445

‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

 

Belgacom NV v Interkommunale voor Teledistributie van het Gewest Antwerpen (Integan) and others (Telenet NV and others intervening) – WLR Daily

Posted November 21st, 2013 in EC law, freedom of establishment, law reports, media by sally

Belgacom NV v Interkommunale voor Teledistributie van het Gewest Antwerpen (Integan) and others (Telenet NV and others intervening) (Case C-221/12); [2013] WLR (D) 443

“Pursuant to the freedom of establishment under article 49FEU and the freedom to provide services under 56FEU of the FEU Treaty, an economic operator in a member state could, before the courts of that member state, allege an infringement of the obligation of transparency under those articles occurring at the time of conclusion of an agreement whereby one or more public entities of that member state had either granted to an economic operator of that same member state a licence for services of certain cross-border interest or granted an economic operator the exclusive right to engage in an economic activity of cross-border interest.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Guantanamo’s last UK inmate Shaker Aamer speaks from cell – BBC News

Posted November 20th, 2013 in Afghanistan, detention, media, news, terrorism by sally

“The last British resident being held in Guantanamo Bay has been broadcast speaking from his prison cell for the first time.”

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BBC News, 19th November 2013

Source: www.bbc.co.uk

Hacking trial: The story so far – BBC News

Posted November 18th, 2013 in conspiracy, electronic mail, interception, media, news, telecommunications by sally

The trial of former News of the World journalists accused of a conspiracy to hack mobile phones is now well under way at the Old Bailey.

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BBC News, 16th November 2013

Source: www.bbc.co.uk

Philpott fire deaths appeal planned to be shown on TV

Posted November 18th, 2013 in appeals, arson, homicide, media, news, video recordings by sally

“The appeal hearing for Mairead Philpott and Paul Mosley, convicted of killing six children in a Derby house fire, is expected to be filmed for television.”

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BBC News, 15th November 2013

Source: www.bbc.co.uk

‘Unpalatable’ John McCririck loses his age discrimination case against Channel 4 – Daily Telegraph

Posted November 14th, 2013 in age discrimination, employment, employment tribunals, media, news by sally

“Horse racing pundit John McCririck loses his age discrimination case against Channel 4 after tribunal rules he was ‘unpalatable to a wider potential audience. ‘ ”

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Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

McCririck loses discrimination case – BBC News

Posted November 13th, 2013 in age discrimination, media, tribunals by sally

“Racing pundit John McCririck lost his job at Channel 4 because his ‘pantomime persona’ was ‘unpalatable’ to a wide audience, an employment tribunal ruled.”

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BBC News, 13th November 2013

Source: www.bbc.co.uk

Too little too late as Daily Mail “corrects” bogus human rights splash – UK Human Rights Blog

Posted November 13th, 2013 in compensation, human rights, media, news by sally

“The Daily Mail has belatedly ‘corrected’ its front page story on human rights damages, over a month after it appeared on 7 October 2013. Early last month I blogged on the original bogus article, which was so poor it generated a response from the ordinarily placid Council of Europe.”

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UK Human Rights Blog, 12th November 2013

Source: www.ukhumanrightsblog.com

Miranda, Prisoner Votes & Judicial Review Myths – The Human Rights Roundup – UK Human Rights Blog

“This week, the Parliamentary Joint Committee on the draft Voting Eligibility (Prisoners) Bill took evidence , and there were notable comments from the Secretary General of the Council of Europe, the body which monitors compliance with the European Court of Human Rights. Meanwhile, Baroness Hale weighed in on the proposed judicial review changes and, continuing along the judicial review vein, David Miranda (pictured) began his claim on Wednesday.”

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UK Human Rights Blog, 11th November 2013

Source: www.ukhumanrightsblog.com

Opening up the Family courts: Transparency in the Family court and the Court of Protection – Speech by the President of the Family Division and President of the Court of Protection

Posted November 12th, 2013 in Court of Protection, family courts, judges, media, reporting restrictions, speeches by sally

“Opening up the Family courts: Transparency in the Family court and the Court of Protection – speech by the President of the Family Division and President of the Court of Protection on 11/11/2013.”

Full speech

Judiciary of England and Wales, 11th November 2013

Source: www.judiciary.gov.uk

UPC Nederland BV v Gemeente Hilversum (Case C-518/11) – WLR Daily

Posted November 11th, 2013 in contracts, EC law, electronic commerce, law reports, media, transfer of undertakings by michael

UPC Nederland BV v Gemeente Hilversum (Case C-518/11);  [2013] WLR (D)  428

“Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33, ‘the Framework Directive’), Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ 1998 L 24, p. 1), Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21), and Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51)”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

Publishers lodge appeal over ruling against judicial review of royal charter – The Guardian

Posted November 7th, 2013 in appeals, charters, injunctions, judicial review, media, news by sally

“Industry takes case to court of appeal after high court rejected its application for an emergency injunction over new press regulator.”

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The Guardian, 6th November 2013

Source: www.guardian.co.uk

A proud profession – The Bar Council

“Addressing lazy journalism; recognising what really motivates members of the Bar; looking at the pro bono work carried out on all fronts by so many; and the need for wider understanding of this contribution by all, especially the Government.”

Full story (PDF)

The Bar Council, October 2013

Source: www.barcouncil.org.uk

Legal bid over David Miranda detention at Heathrow – BBC News

“Lawyers for the partner of a journalist are due back in court in a legal challenge to his airport detention under anti-terrorism laws.”

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BBC News, 6th November 2013

Source: www.bbc.co.uk

Limiting the scope of injunctions in family cases – UK Human Rights Blog

“In this case the President of the Family Division, Sir James Munby, considered an application for a contra mundum injunction by Staffordshire County Council. He emphasised that the only proper purpose of such an injunction was to protect the child and refused to make an order in the wide terms sought by the Council. As a result, he allowed the publication of video footage and photographs of a baby being removed from its parents.”

Full story

UK Human Rights Blog, 5th November 2013

Source: www.ukhumanrightsblog.com