“Doctors involved in fitness to practise hearings will now be referred to a new independent tribunal service set up as part of government-led reforms.”
BBC News, 11th June 2012
Source: www.bbc.co.uk
“Members of a multi-million pound organised crime gang specialising in providing fake identities and documents to thousands of customers were jailed today.”
The Independent, 9th June 2012
Source: www.independent.co.uk
“Theresa May is heading for a renewed showdown with the courts over the rights of foreign prisoners battling to avoid deportation after signalling that she would bring in primary legislation if judges failed to implement new rules.”
The Guardian, 10th June 2012
Source: www.guardian.co.uk
“Corporate hospitality might have been expected to have a bumper season this year. But apparently such is not the case. A number of companies, it is reported, are refusing to allow their staff to accept ticketsto the Olympics, lest they fall foul of the Bribery Act 2010. Commendable restraint, one might think, but let’s take a closer look.”
Halsbury’s Law Exchange, 8th June 2012
Source: www.halsburyslawexchange.co.uk
“As usual, the current crop of recent decisions in this area contain a real mix of the orthodox and the heterodox approach to the doctrine of restraint of trade, frequently within the same case. A good illustration of this is the case of Caterpillar Logistics Services (UK) Ltd v Paula Huesca De Crean [2012] EWCA Civ 156 which will be extensively covered in the talk to be delivered by Simon Forshaw on Confidential Information. I confine myself to observing that the ‘barring out’ injunction sought on the
basis of supposed fiduciary obligations was a restraint on working on a particular contract for a customer and not for a competitor.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“Organisations will be able to obtain free access to some publishers’ digital content through their law firm under a new licensing option on offer by the Copyright Licensing Agency (CLA).”
OUT-LAW.com, 8th June 2012
Source: www.out-law.com
“Recently on Halsbury’s Law Exchange Simon Hetherington wrote a thoughtful piece on boxing. He stated candidly at the outset that he was not a boxing fan. For my own part, I admit to being an inveterate fan of the sport, although I haven’t followed it closely for a few years now. Even the most avid boxing fan, however, has to admit that the activity gives rise to serious moral and legal questions. And even if one finds satisfactory answers to those questions in principle, no-one can be happy – from a legal, moral or sporting perspective – with the way in which boxing is run, as the embarrassing saga of the planned fight between David Haye and Dereck Chisora demonstrates.”
Halsbury’s Law Exchange, 7th June 2012
Source: www.halsburyslawexchange.co.uk
“NHS payouts to patients whose conditions were misdiagnosed by medics increased by three-quarters in the last year to nearly £100 million.”
Daily Telegraph, 7th June 2012
Source: www.telegraph.co.uk
“A group of 6,000 employment lawyers has warned that a proposal to cut red tape by allowing micro-businesses to sack staff who have done nothing wrong will not reduce tribunal claims.”
Law Society’s Gazette, 8th June 2012
Source: www.lawgazette.co.uk
“An Oxford University don is locked in a battle of wits with one of Britain’s biggest companies over the small print in a contract, which he believes could offer hope for millions of mobile phone customers.”
The Independent, 7th June 2012
Source: www.independent.co.uk
“A woman who was abused on the internet has won court backing in her bid to gain the identities of those who targeted her.”
BBC News, 7th June 2012
Source: www.bbc.co.uk
“Working time is a notoriously complex area, where the interplay between opaque judgments from the CJEU and the complexities of the Working Time Regulations 1998 is capable of causing uncertainty and confusion. Over the last 12 months, the most important working time cases have been on holidays. Some of those cases are likely to have significant financial impact for employers across the piece. This paper 1 attempts to navigate through them in a summary way, dealing with the three areas that are likely to be most important for employers and employees:
(i) What should ‘pay’ be for annual leave?
(ii) When can an employer insist that leave is taken?
(iii) What is the interplay between sickness absence and holiday pay/entitlement?”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“It’s a scene which will be familiar to many housing law practitioners: a tenant turns up to a possession hearing, seeks representation from the duty solicitor, seeks to argue that there are issues of disability discrimination and human rights issues which make it necessary for proceedings to be adjourned, detailed directions to be given and a lengthy wait before arguments on the Equality Act 2010 and the Human Rights Act 1998 can be thrashed out in depth at a possession hearing.”
Hardwicke Chambers, 31st May 2012
Source: www.hardwicke.co.uk
“Whilst springboard injunctions are a well-established remedy, the precise circumstances in which they can be obtained, and their scope and duration, can often be unclear. Two recent decisions offer some helpful guidance. These are QBE Management Services Ltd v Dymoke [2012] EWHC 80 (QB) and Clear Edge UK Ltd v Elliot [2011] EWHC 3376 (QB).”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“A gang who shot at officers during last summer’s riots were given sentences of up to 30 years today for what a judge described as a ‘concerted attack on the police’.”
Daily Telegraph, 7th June 2012
Source: www.telegraph.co.uk
“The regulatory risk inherent in High Court proceedings has always (rightly) been firmly on the radar of all litigators in financial services sector. For clients in this sector – be they Lloyds brokers, IDBs, or investment banks – any litigation which impugns their integrity or that of their executives may prove toxic. Fortunately it is relatively rare that these regulatory risks eventuate. This may be the result of careful strategic management, a (fortuitous) lack of regulatory interest, or because the FSA disposes of the concerns with a private warning.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“A company cannot obtain an injunction banning a patent expert it used to employ from offering advice to her current employer on a legal dispute involving both firms, the Court of Appeal has ruled.”
OUT-LAW.com, 7th June 2012
Source: www.out-law.com
“PowerPoint slides by Professor Nelson Enonchong which were used at the 145th anniversary of the Budapest Lawyers Association.”
Slides (PDF)
No. 5 Chambers, 1st June 2012
Source: www.no5.com
“Easements to light are one of the oldest property rights and the principles are very entrenched. However a spate of controversial cases over recent years and general feeling of panic among developers has encouraged the Law Commission to investigate:
‘whether the law by which rights to light are acquired and enforced provides an appropriate balance between the important interests of landowners and the need to facilitate the appropriate development of land.’
This article provides a recap of the current law in relation to rights to light and touch upon some of the problems faced by developers and landowners alike.”
Hardwicke Chambers, 7th June 2012
Source: www.hardwicke.co.uk
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