Inquiry Impasse, Charter Confusion and Competition Time – The Human Rights Roundup – UK Human Rights Blog

Posted November 25th, 2013 in asylum, detention, EC law, human rights, inquiries, Iraq, news, terrorism, torture by sally

‘This week, there are criticisms over the delay of inquiries both into the mistreatment of terrorism suspects and the Iraq War. Meanwhile, discussion continues over the relevance of the EU Charter of Fundamental Rights for UK law, and a dying asylum seeker on hunger strike will not be released.’

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UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

Man jailed after one million child abuse images discovered – BBC News

‘A pensioner who had more than a million child abuse images and filmed his own attacks on young girls has been jailed for 19 years.’

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BBC News, 25th November 2013

Source: www.bbc.co.uk

Islamic “marriage” ceremony at home declared invalid by Court of Protection – UK Human Rights Blog

Posted November 25th, 2013 in Court of Protection, immigration, learning difficulties, marriage, news by sally

‘A Local Authority v SY [2013] EWHC 3485 COP (12 November 2013].
A judge in the Court of Protection has ruled that a man who had “exploited and took advantage” of a young woman for the purpose of seeking to bolster his immigration appeal had engaged in an invalid marriage ceremony.’

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UK Human Rights Blog, 25th November 2013

Source: www.ukhumanrightsblog.com

Payday loan costs cap unveiled by George Osborne – The Guardian

Posted November 25th, 2013 in debts, interest, loans, news by sally

‘George Osborne said the cap on the overall cost of credit was the next logical step as the coalition sought to regulate what had been a wholly unregulated market.’

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The Guardian, 25th November 2013

Source: www.guardian.co.uk

Cost-cutting council ‘contributed to death of student’ by switching off street lights – Daily Telegraph

Posted November 25th, 2013 in budgets, inquests, local government, news, road traffic by sally

‘A coroner has said a council switching off street lights as a cost-cutting measure contributed to the death of a student. The verdict came following an inquest into the death of 18-year-old Warwick University student Archie Wellbelove, who died after he was hit by a taxi on the A452 near Leamington in the early hours of December 7 2012.’

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Daily Telegraph, 25th November 2013

Source: www.telegraph.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

Loan shark father and son ordered to repay £300k+ in assets – Local Government Lawyer

Posted November 25th, 2013 in assets recovery, gambling, loans, money laundering, news, sentencing by sally

‘A father and son convicted of illegal money lending have been ordered to pay back more than £300,000 in assets.’

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Local Government Lawyer, 25th November 2013

Source: www.localgovernmentlawyer.co.uk

High Court sends clear message to judges on granting relief from sanctions – Litigation Futures

Posted November 25th, 2013 in negligence, news, personal injuries, road traffic, striking out by sally

‘A High Court judges has sent a strong message to county courts about dealing with applications for relief from sanctions in a case where “a wholesale and flagrant disregard” of directions occurred.’

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Litigation Futures, 25th November 2013

Source: www.www.litigationfutures.com

The Court of Appeal on Cartels and Conflicts – Competition Bulletin from Blackstone Chambers

Posted November 25th, 2013 in appeals, competition, conflict of laws, damages, jurisdiction, news by sally

‘The Court of Appeal handed down two important decisions last week on the application of conflict of law principles to cartel follow-on damages claims: Deutsche Bahn AG & Ors v Morgan Advanced Materials plc & Ors [2013] EWCA Civ 1484 and Ryanair Limited v Esso Italiana Srl [2013] EWCA Civ 1450. The defendants in each case challenged the jurisdiction of the English courts to hear damages claims arising from their cartel activities.’

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Competition Bulletin from Blackstone Chambers, 24th November 2013

Source: www.competitionbulletin.com

Personal consultation with solicitor must be offered before terror questioning, rules High Court – UK Human Rights Blog

‘Elosta v Commissioner of Police for the Metropolis [2013] EWHC 3397.
The High Court has held that a person detained for questioning under the Terrorism Act 2000 is entitled to consult with a solicitor in person prior to answering questions.’

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UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

Expensive choices – NearlyLegal

Posted November 25th, 2013 in homelessness, housing, judicial review, local government, news, rent by sally

‘One of a couple of cases on intentional homelessness and affordability of accommodation.’

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Allocation, Allocation, Allocation – NearlyLegal

‘Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.”

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Judicial review proceedings may not be terminated by the government – Court of Appeal – UK Human Rights Blog

‘Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498. A certificate issued by the Home Secretary under Section 2 C of the Special Immigration Appeals Commission Act 1997 (the “1997 Act”), as inserted by Section 15 of the Justice and Security Act 2013 (“the 2013 Act”), did not terminate existing judicial review proceedings in relation to an exclusion direction which had been certified.’

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UK Human Rights Blog, 22nd November 2013

Source: www.ukhumanrightsblog.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

APPGER in the Upper Tribunal – Panopticon

Posted November 25th, 2013 in appeals, freedom of information, human rights, news, rendition, tribunals by sally

‘The Upper Tribunal has finally handed down its judgment in All Party Parliamentary Group on Extraordinary Rendition v IC & Foreign and Commonwealth Office [2013] UKUT 560 (AAC). It is a judgment of Charles and Burnett JJ and Judge Wikeley. The appeal was from an FTT judgment which is analysed in detail by Rachel Kamm here. That post also contains the background to the case. In essence, the request was made by the APPGER for information relating to the participation of the UK in the practice of extraordinary rendition.’

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Panopticon, 22nd November 2013

Source: www.panopticonblog.com

Rivals can create copycat software through testing developers’ software and interpreting their user manuals, rules UK court – OUT-LAW.com

Posted November 25th, 2013 in appeals, computer programs, copyright, news by sally

‘Businesses can replicate the way a rivals’ computer program operates by interpreting how it functions from reading user manuals or other accompanying documents their rivals produce without infringing copyright, the Court of Appeal has ruled.’

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OUT-LAW.com, 22nd November 2013

Source: www.out-law.com

Re-brand of imported drugs under locally used trade mark not justified, rules High Court – OUT-LAW.com

Posted November 25th, 2013 in medicines, news, trade marks by sally

‘A drugs distributor was not justified in changing the name of products it had imported from France and Germany to sell into the UK to that of a rivals’ trade mark, the High Court has ruled.’

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OUT-LAW.com, 25th November 2013

Source: www.out-law.com

Children and Intentional Homelessness – NearlyLegal

Posted November 25th, 2013 in children, homelessness, housing, judicial review, local government, news, rent by sally

‘Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013. What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare of children have a bearing on decisions on intentional homelessness under Housing Act 1996? While this case provides a partial answer, it was not, I think, a great case on the facts for testing the interplay of the Acts.’

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

More children and housing duties – NearlyLegal

Posted November 25th, 2013 in appeals, children, disabled persons, housing, judicial review, local government, news by sally

‘This was an an application for permission to appeal a judicial review decision on the interrelation of s.17 Children Act 1989, s.11 Children Act 2004 and the Housing Act 1996 parts 6 and 7.’

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Criminal bar ‘slowly being destroyed’, says judge – Law Society’s Gazette

Posted November 25th, 2013 in barristers, budgets, criminal justice, legal aid, news by sally

‘Dispensing justice will become “impossible” if the “erosion” of the criminal bar continues, a Crown court judge warned at the end of a multi-million-pound drugs and firearms trial.’

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Law Society’s Gazette, 23rd November 2013

Source: www.lawgazette.co.uk