Courts should not be given free rein to create new defences against trade mark infringement – OUT-LAW.com

Posted October 7th, 2014 in courts, defences, EC law, intellectual property, judiciary, news, trade unions by sally

‘Proposals by academics to allow new defences against trade mark infringement to be created in the future should be resisted, a trade mark law specialist has warned.’

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OUT-LAW.com, 6th October 2014

Source: www.out-law.com

Bedroom Tax: Upper Tribunal on Article 14 – NearlyLegal

Posted October 7th, 2014 in benefits, disability discrimination, news, Scotland, social security, tribunals by sally

‘Following my plaintive cry here, I now have copies of the two Upper Tribunal judgments from Scotland referred to by the DWP. And, while the judgments do do something rather more and rather different to the outcomes suggested in the DWP Circular, sadly, what they actually do is worse.’

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NearlyLegal, 6th October 2014

Source: www.nearlylegal.co.uk

Loss of Earnings: The “Ogden Approach” in Practice: Two Cases Examined – Zenith PI Blog

Posted October 7th, 2014 in appeals, compensation, damages, news, personal injuries by sally

‘Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using the difference between the multipliers in relation to disabled and non-disabled claimants. See the guidance at paragraph 45 of the explanatory notes. Here we look at two cases where the use of this approach has been considered. In Ward it was held not to be appropriate; in Billett it was greatly modified.’

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Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

Calls for law to be changed after Broadmoor killer Barry Williams is released without supervision – Daily Telegraph

‘A serious case review is launched after mass killer Barry Williams is able to disappear following his release from Broadmoor by changing his name to Harry Street.’

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Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

National Crime Agency director general: UK snooping powers are too weak – The Guardian

‘Britons must accept a greater loss of digital freedoms in return for greater safety from serious criminals and terrorists in the internet age, according to the country’s top law enforcement officer.’

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The Guardian, 7th October 2014

Source: www.guardian.co.uk

Boy taken off life support after judge rules there is no hope of a ‘miracle’ dies – Daily Telegraph

Posted October 7th, 2014 in children, human rights, medical treatment, news by sally

‘The family of the 17-month-old are ‘devastated’ after his life-support machine was switched off against their wishes.’

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Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

Last week The Sun wanted to abolish the Human Rights Act, this week they want to use it to protect their journalists – The Independent

Posted October 7th, 2014 in human rights, investigatory powers, media, news by sally

‘Just days after The Sun newspaper celebrated David Cameron’s promise to abolish the Human Rights Act (HRA), it is using the very same laws to protect one of its own journalists.’

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The Independent, 6th October 2014

Source: www.independent.co.uk

IPCC’s ‘plebgate’ decision quashed by High Court – BBC News

Posted October 7th, 2014 in appeals, complaints, news, police, professional conduct by sally

‘The police watchdog’s decision to reinvestigate three officers at the centre of the “plebgate” row is flawed and must be retaken, judges have ruled.’

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BBC News, 6th October 2014

Source: www.bbc.co.uk

Ex-BA pilot Bartle Frere abuse case: Jury considers verdicts – BBC News

Posted October 7th, 2014 in child abuse, indecent photographs of children, news, sexual offences by sally

‘A jury has been sent out in the case of a former British Airways pilot accused of abusing boys in the UK and India.’

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BBC News, 6th October 2014

Source: www.bbc.co.uk

Revenge porn could lead to 14-year sentence, new guidelines clarify – The Guardian

‘The most serious cases of revenge pornography – putting sexually explicit images of former partners online – should be prosecuted under laws which carry a maximum sentence of 14 years, new guidance from the Crown Prosecution Service suggests.’

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The Guardian, 7th October 2014

Source: www.guardian.co.uk

Finance & Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during September.’

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Family Law Week, 5th October 2014

Source: www.familylawweek.co.uk

European Convention on Human Rights: What has it ever done for us? – The Independent

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

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The Independent, 3rd October 2014

Source: www.independent.co.uk

The costs of rectification – Law Society’s Gazette

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

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Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

Does UK copyright law have a sense of humour? – Daily Telegraph

Posted October 6th, 2014 in artistic works, copyright, EC law, interpretation, news by sally

‘Under a new exception to copyright law, anyone will be able to make a funny parody or mash-up from existing material. But do the courts have a sense of humour, asks Adam Rendle.’

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Daily Telegraph, 4th October 2014

Source: www.telegraph.co.uk

Conservatives plan to scrap Human Rights Act – read the full document – The Guardian

Posted October 6th, 2014 in human rights, jurisdiction, news, political parties by sally

‘Chris Grayling’s eight-page strategy paper ‘Protecting human rights in the UK’ promises to ‘restore sovereignty to Westminster’ through a parliamentary override, breaking the formal link between British courts and the European court of human rights.’

Full document

The Guardian, 3rd October 2014

Source: www.guardian.co.uk

High Court attacks “unreasonable and opportunistic” defendants in relief from sanctions ruling – Litigation Futures

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, fees, news, solicitors by sally

‘The High Court has overturned a cost judge’s refusal to grant relief from sanctions that prevented claimant lawyers from recovering their success fees, and instead accused the defendants of “unreasonable and opportunistic” conduct.’

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Litigation Futures, 6th October 2014

Source: www.litigationfutures.com

The Fragility of Human Rights – UK Human Rights Blog

Posted October 6th, 2014 in constitutional law, human rights, jurisdiction, news, political parties by sally

‘The announcement this week of a new Conservative Party plan to repeal the Human Rights Act, ‘Protecting Human Rights in the UK’, has brought to a boil a cauldron of incredulity (pictured) about the Government’s attitude towards the law. The response from human rights lawyers and advocacy groups has been swift. Liberty describes the Conservative Party plan as ‘legally illiterate’. The several ways in which that is true have already been the subject of detailed exposition. Indeed, Liberty’s response is even more accurate than it might first appear. If the Conservative Party plan is legally illiterate then it is best read as a political tactic to assure its supporters that it is the party of anti-European sentiment.’

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UK Human Rights Blog, 5th October 2014

Source: www.ukhumanrightsblog.com

Seaham rabbit torturers spared prison – BBC News

Posted October 6th, 2014 in animal cruelty, community service, compensation, internet, news, sentencing by sally

‘Two men who posed naked in the bath with a pet rabbit before torturing and killing it have been spared jail.’

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BBC News, 3rd October 2014

Source: www.bbc.co.uk

Revised transparency code for local government in England in force next month – Local Government Lawyer

Posted October 6th, 2014 in budgets, codes of practice, disclosure, local government, news, parking by sally

‘A revised Local Government Transparency Code is to come into force in England next month, the Department for Communities and Local Government has announced.’

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Local Government, 3rd October 2014

Source: www.localgovernmentlawyer.co.uk

Relief from sanctions- Some further guidance – Zenith PI Blog

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, news by sally

‘How should we approach applications for relief from sanctions made by the other side? Elliot Kay considers a recent and useful decision of the High Court.’

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Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com