Web publishers responsible for ‘inevitable’ database rights infringement of users, says Court of Appeal – OUT-LAW.com

Posted February 7th, 2013 in appeals, database right, internet, news by sally

“Website operators can be held responsible for database rights infringement by their users if that infringement was ‘inevitable’ as a result of actions of the site operators, the Court of Appeal has said.”

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OUT-LAW.com, 7th February 2013

Source: www.out-law.com

Romford and Eastbourne hospitals dragged in to NHS care scandal – Daily Telegraph

Posted February 7th, 2013 in hospitals, human rights, negligence, news by sally

“Two more hospitals were dragged into the NHS care scandal today as it emerged that 18 families were taking legal action on the grounds that their loved ones had suffered neglect and negligence.”

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Daily Telegraph, 7th February 2013

Source: www.telegraph.co.uk

Police watchdog investigates whether force acted quickly enough to arrest Lostprophets singer Ian Watkins over alleged plot to rape baby – The Independent

Posted February 7th, 2013 in complaints, conspiracy, delay, news, police, rape, sexual offences by sally

“Police involved in the arrest of ‘Lostprophets’ vocalist Ian Watkins, in relation to an alleged plot to rape a baby, are under investigation over whether or not they acted quickly enough.”

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The Independent, 7th February 2013

Source: www.independent.co.uk

Enforcement of foreign insolvency judgments in England and Wales ~ Rubin, New Cap and beyond – 11 Stone Buildings

Posted February 7th, 2013 in enforcement, insolvency, judgments, jurisdiction, news, Supreme Court by sally

“After the euphoria engendered by the Court of Appeal judgments in Rubin v Eurofinance SA and New Cap Reinsurance v Grant, the longawaited judgment of the Supreme Court which was handed down on 23 October 2012, has left the insolvency profession scratching its collective head. Lexa Hilliard QC takes a closer look at the judgment and explains why its reasoning is not entirely convincing.”

Full story (PDF)

11 Stone Buildings, January 2013

Source: www.11sb.com

COMI, bankruptcy tourism and forum shopping – 11 Stone Buildings

Posted February 7th, 2013 in bankruptcy, choice of forum, insolvency, jurisdiction, news by sally

“The UK Bankruptcy Courts have become the destination of choice for foreign debtors leading to ‘bankruptcy tourism’ and forum shopping. Why is this the case and is it ever safe to travel? Marcia Shekerdemian sets the scene, examines this phenomenon and puts a few cases under the insolvency microscope.”

Full story (PDF)

11 Stone Buildings, February 2013

Source: www.11sb.com

Proximity to fame, privacy and copyright ownership – 5RB

Posted February 7th, 2013 in copyright, human rights, media, news, privacy by sally

“Following the decision to restrain publication of semi-nude photos of Kate Winslet’s husband (Mr Rocknroll), Chloe Strong, barrister at 5RB Chambers, discusses the case and what it means for privacy disputes.”

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5RB, 24th January 2013

Source: www.5rb.com

Private Criminal Prosecutions in Financial Remedies Cases – Family Law Week

Posted February 7th, 2013 in conspiracy, crime, divorce, financial provision, news, private prosecutions by sally

“Andrzej Bojarski, Kate Tompkins and Cameron Crowe, barristers at 36 Bedford Row, combine their expertise in unravelling complex financial arrangements on divorce and prosecuting serious crimes to consider whether the criminal courts might offer opportunities for a spouse in an exceptional case when all conventional options in the family courts have been exhausted.”

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Family Law Week, 6th February 2013

Source: www.familylawweek.co.uk

Children and young people who sexually offend: Missing opportunities to prevent reoffending report – Ministry of Justice

Posted February 7th, 2013 in children, news, recidivists, reports, sexual offences, young offenders by sally

“Reoffending by children and young people who commit sexual offences can be prevented, but opportunities to intervene early were often missed by professionals, according to independent inspectors. Today they published the report of a joint inspection on children and young people who sexually offend.”

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Ministry of Justice, 7th February 2013

Source: www.justice.gov.uk

Related link: Examining Multi-Agency Responses to Children and Young People who sexually offend (PDF)

Just Markets – Gresham College Lecture

Posted February 7th, 2013 in civil justice, competition, news, poverty, speeches, taxation by sally

“This lecture focuses on the question of whether justice in relation to markets is entirely to be seen as being procedural – that justice is a matter of securing the conditions of non-coercive economic exchange between free individuals. Or is justice also about social justice- that is to say about the proper distribution of resources and a concern about the outcomes of markets? If justice is about social as well as procedural justice how can we arrive at criteria for distributive justice if all moral values are seen as subjective? Should we not rather see market outcomes, in the words of the economist Fred Hirsch as being ‘in principle unprincipled’?”

Transcript

Lecture by Professor the Lord Plant of Highfield

Gresham College, 29th January 2013

Source: www.gresham.ac.uk

Regina (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland Borough Council – WLR Daily

Posted February 7th, 2013 in care homes, elderly, fees, judicial review, law reports, local government, news by sally

Regina (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland Borough Council [2013] EWHC 4 (Admin); [2013] WLR (D) 44

“A dispute between care providers and a local authority over the rate due for supporting the care of the elderly in care homes was amenable to judicial review.”

WLR Daily, 17th January 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 7th, 2013 in news by sally

The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2013

The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2013

The Olympic Lottery Distributor (Dissolution) Order 2013

Source: www.legislation.gov.uk

Personal data: it’s all in the name – Panopticon

Posted February 7th, 2013 in data protection, freedom of information, news, tribunals by sally

“A person’s name constitutes his or her personal data – so has held the Upper Tribunal recently in Information Commissioner v Financial Services Authority & Edem [2012] UKUT 464 (AAC).”

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Panopticon, 7th February 2013

Source: www.panopticonblog.com

Victorian child neglect laws in ‘urgent’ need of overhaul, warns Baroness Butler-Sloss – Daily Telegraph

Posted February 7th, 2013 in child neglect, judges, legislation, mental health, news by sally

“The current laws on child neglect are not fit for the 21st Century and in ‘urgent’ need of reform, Britain’s most senior authority on family law warns today.”

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Daily Telegraph, 7th February 2013

Source: www.telegraph.co.uk

Related link: The criminal law and child neglect: an independent analysis and proposal for reform (PDF)

EU crime and justice measures of ‘real importance’ says Starmer – Law Society’s Gazette

Posted February 7th, 2013 in crime, EC law, international law, news, select committees, treaties, warrants by sally

“Failure to opt back in to EU criminal justice measures will hamper the UK’s ability to prosecute cross-border crime, making procedures ‘uncertain, cumbersome and fragmented’, the director of public prosecutions told peers today.”

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Law Society’s Gazette, 6th February 2013

Source: www.lawgazette.co.uk

All dogs in England to be microchipped by 2016 – The Guardian

Posted February 7th, 2013 in dogs, electronic monitoring, fines, news by sally

“All dogs in England will, from April 2016, have to be microchipped as part of a government attempt to cut the number of strays and make pet owners more responsible for their animals.”

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The Guardian, 6th February 2013

Source: www.guardian.co.uk

Dale Cregan trial: Prosecution prepare to open case – Daily Telegraph

Posted February 7th, 2013 in murder, news, police, trials by sally

“The trial of a man accused of murdering two female police officers is expected to get under way today amid one of the tightest security operations ever mounted for a British court case.”

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Daily Telegraph, 7th February 2013

Source: www.telegraph.co.uk

Many sex crimes by children ‘missed’ – BBC News

Posted February 7th, 2013 in children, news, reports, sexual offences, social services by sally

“Some social workers, teachers and police fail to tackle sexual offending by children and teenagers because they miss signs of inappropriate behaviour, according to a report.”

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BBC News, 7th February 2013

Source: www.bbc.co.uk

‘Trial by Google’ a risk to jury system, says attorney general – The Guardian

Posted February 7th, 2013 in crime, internet, juries, malicious communications, news, trials by sally

“‘Trial by Google’ threatens to undermine the integrity of the British jury system and ‘offends the principle of open justice’, according to the attorney general, Dominic Grieve QC.”

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The Guardian, 6th February 2013

Source: www.guardian.co.uk

Classifieds

Posted February 6th, 2013 in news by sally

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Mid Staffs Inquiry report: Human rights abuses need human rights solutions – UK Human Rights Blog

Posted February 6th, 2013 in hospitals, human rights, inquiries, medical treatment, news, whistleblowers by sally

“Hundreds of people have died; others have been starved, dehydrated and left in appalling conditions of indignity, witnessed by their loved ones. Surely this is what Chris Grayling, Justice Secretary, had in mind when he recently cautioned to need to ‘concentrate on real human rights’?”

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UK Human Rights Blog, 6th February 2013

Source: www.ukhumanrightsblog.com