Category: news

Trade Marks and Passing Off – Planetart v Photobox – NIPC Law

Posted April 14th, 2020 in intellectual property, news, trade marks by sally

‘This was an action for trade mark infringement. passing off and invalidation of one of the defendant’s trade marks. The claimants were the Delaware company, Planetart LLC, and its English subsidiary, Planetart Ltd. Those companies offer a photo printing service called FreePrints that is best explained in the How it Works video on the home page of their website. The defendants, Photobox Ltd. and Photobox Free Prints Ltd. offer a service that is similar to the claimants’.’

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NIPC Law, 11th April 2020

Source: nipclaw.blogspot.com

Articles 3 and 8 in the Time of Coronavirus: A New Case With Implications for Local Authorities Using the Care Act ‘Easements’ – Coronavirus: Guidance for Lawyers and Businesses

Posted April 14th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, human rights, local government, mental health, news by sally

‘The Care Act ‘easements’ were brought into force on 31 March 2020. Per the statutory guidance, local authorities may take a decision to apply the new and much higher threshold for receiving care. That threshold states that a person is not entitled to receive care and support from a local authority as a matter of right unless it is necessary to prevent a breach of the person’s human rights – most likely to be Articles 2, 3 or 8 of the European Convention. Arianne Kelly looks at the first case on the subject.’

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Coronavirus: Guidance for Lawyers and Businesses, 14th April 2020

Source: lawinthetimeofcorona.wordpress.com

High Court rejects attempt to adjourn £250m trial because of virus – Litigation Futures

Posted April 14th, 2020 in adjournment, administrators, coronavirus, damages, insolvency, liquidators, live link evidence, news by sally

‘The High Court has rejected an application to adjourn a five-week trial of a £250m insolvency claim because of the coronavirus pandemic.’

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Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

Use of Artificial Intelligence by the Judiciary in the Face of COVID-19 – Oxford Human Rights Hub

Posted April 14th, 2020 in artificial intelligence, courts, criminal justice, judiciary, jurisdiction, news, race discrimination by sally

‘As one of the measures to prevent the spread of the new coronavirus, courts in major parts of the world are delaying trials and temporarily closing doors. While the move is reasonable in the face of the pandemic, the process could leave some cases in limbo for weeks, if not months. In the criminal context, this could be a huge barrier to access to justice for victims and in securing the rights of the accused. The Chief Justices of various judicial systems have issued guidance to trial courts seeking emergency orders to adjust or suspend court operations in light of the pandemic. In addition to these measures, new AI-based systems may prove helpful during these times and should, where available, be used to secure access to justice.’

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Oxford Human Rights Hub, 9th April 2020

Source: ohrh.law.ox.ac.uk

The Coronavirus Act 2020: When Legislation Goes Viral (Part Two) – UK Human Rights Blog

Posted April 14th, 2020 in coronavirus, emergency powers, health, human rights, news by sally

‘In Part One, I considered the background to the Coronavirus Act 2020 and some general aspects of the legislation. Here, I focus on some of the substantive provisions of the legislation and briefly explore the role that human rights law has to play in the management of the COVID-19 crisis.’

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UK Human Rights Blog, 10th April 2020

Source: ukhumanrightsblog.com

Coronacontact- what about the children in care? – Transparency Project

Posted April 14th, 2020 in care orders, children, coronavirus, families, health, local government, news, statutory duty by sally

‘Family life is significantly disrupted as a result of the ‘lockdown’, and many children in care will not have seen their parents for a number of weeks. This short article considers the legal position with regard to the duties of local authorities in England to looked-after children and contact, and the interaction between this and the Coronavirus Act 2020 and regulations.’

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Transparency Project, 11th April 2020

Source: www.transparencyproject.org.uk

Leviathan unshackled? – UK Human Rights Blog

Posted April 14th, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, government departments, health, human rights, news, Supreme Court by sally

‘The response to the Covid-19 pandemic by governments across the world has thrown into sharp relief the fact that at a time of crisis the institutions and functions of Nation States are still the key structures responsible for the most basic duty of protecting their citizens’ lives. In the United Kingdom, the recent weeks have seen interventions by the Government in the economy and in the freedom of movement that are commonly seen as unparalleled in the post 1945 era.’

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UK Human Rights Blog, 10th April 2020

Source: ukhumanrightsblog.com

Revealed: surge in domestic violence during Covid-19 crisis – The Guardian

Posted April 14th, 2020 in charities, coronavirus, domestic violence, freedom of movement, health, news, statistics by sally

‘Shocking statistics revealed that domestic violence has surged since the start of the coronavirus lockdown, as the home secretary, Priti Patel, insisted that help for all victims of abuse was available.’

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The Guardian, 12th April 2020

Source: www.theguardian.com

Coronavirus: Ofcom assesses Eamonn Holmes 5G comments after complaints – BBC News

Posted April 14th, 2020 in communicating false information, complaints, coronavirus, health, health & safety, media, news, ombudsmen, telecommunications by sally

‘TV regulator Ofcom has said it is assessing comments made by presenter Eamonn Holmes about 5G technology and coronavirus “as a priority”.’

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BBC News, 14th April 2020

Source: www.bbc.co.uk

Changing the locks during lockdown:The Coronavirus Act 2020, Commercial Property and Forfeiture – 3PB

Posted April 14th, 2020 in chambers articles, coronavirus, forfeiture, landlord & tenant, news by sally

‘In recent years the rise of e-commerce has challenged the traditional High Street model as we know it. The high attrition rates on the High Street have been widely reported. For those retailers who have sought to avoid closing their businesses, Company Voluntary Agreements (“CVA’s”) have become popular in order to allow shops to keep trading.’

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3PB, 9th April 2020

Source: www.3pb.co.uk

Four men jailed in first year since upskirting law was introduced – The Guardian

Posted April 14th, 2020 in imprisonment, news, photography, sentencing, sexual offences, statistics, victims, voyeurism, women by sally

‘Four men have been jailed in the year since the upskirting law was introduced in England and Wales, figures show.’

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The Guardian, 11th April 2020

Source: www.theguardian.com

“Release QC money” to support Bar during Covid-19 – Legal Futures

Posted April 14th, 2020 in barristers, budgets, coronavirus, fees, inns of court, news, pro bono work, queen's counsel by sally

‘The Public Access Bar Association (PABA) has urged the Bar Council to call in its share of the surplus held by QC Appointments (QCA) to support barristers struggling during the coronavirus pandemic.’

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Legal Futures, 14th April 2020

Source: www.legalfutures.co.uk

Woman’s attraction to chandeliers not a sexual orientation, Ipso says – The Guardian

Posted April 14th, 2020 in codes of practice, complaints, equality, freedom of expression, media, news, sexual orientation discrimination by sally

‘A woman in a long-term relationship with a 92-year-old German chandelier has been told that her attraction to historic light fittings is not considered to be a protected sexual orientation.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

High Court strikes off medical reports doctor for contempt – Litigation Futures

Posted April 14th, 2020 in appeals, contempt of court, doctors, expert witnesses, news, professional conduct, sentencing, suspended sentences by sally

‘A doctor who received a suspended sentence for contempt of court over a false medical report has been erased from the medical register by the High Court.’

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Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

Law firm defeats broker’s claim for £100k introducer fee – Legal Futures

Posted April 14th, 2020 in fees, financial dispute resolution, law firms, loans, news by sally

‘A Liverpool law firm has defeated the claim of a finance broker who sought a £100,000 fee for introducing it to a new loan provider.’

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Legal Futures, 14th April 2020

Source: www.legalfutures.co.uk

Coronavirus: How Will Exam Cancellations Affect Students? – Each Other

Posted April 14th, 2020 in coronavirus, education, examinations, news, school children by sally

‘With the cancellation of all GCSE and A level summer exams amid the coronavirus pandemic, the system for awarding student grades been transformed beyond recognition.’

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Each Other, 9th April 2020

Source: eachother.org.uk

Judge orders mental health patient to vacate bed for Covid-19 cases – The Guardian

Posted April 14th, 2020 in coronavirus, hospitals, mental health, news by sally

‘A high court judge has ruled a woman can be discharged from the hospital bed she has occupied for more than a year to relieve pressure during the Covid-19 pandemic.’

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The Guardian, 10th April 2020

Source: www.theguardian.com

Coronavirus: Ofcom formally probes David Icke TV interview – BBC News

Posted April 14th, 2020 in communicating false information, complaints, coronavirus, media, news, ombudsmen by sally

‘The UK’s media watchdog has launched a formal investigation into a TV network’s broadcast of an interview with conspiracy theorist David Icke about coronavirus.’

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BBC News, 9th April 2020

Source: www.bbc.co.uk

UK insurers face legal action from small firms over Covid-19 claims – The Guardian

Posted April 14th, 2020 in coronavirus, insurance, news by sally

‘Some of Britain’s biggest insurance companies are facing legal action from small business owners who say their legitimate business interruption claims have been unfairly turned down.’

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The Guardian, 12th April 2020

Source: www.theguardian.com

Legal realities of an ‘extension’ to the football season – Law Society’s Gazette

Posted April 9th, 2020 in contract of employment, contracts, coronavirus, delay, news, sport by sally

‘The football world, like almost every other sector of the economy, is grappling with the unprecedented impact of the coronavirus pandemic. In English football, the official position remains as set out in the joint statement issued by the main professional stakeholders on 20 March 2020: football is currently suspended but ‘all options’ are being explored ‘to find ways of resuming the season when conditions allow’.’

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7th April 2020

Source: www.lawgazette.co.uk