‘Bridge is not a sport, European Union judges ruled today, in a decision that dealt a blow to British clubs’ hopes of a VAT tax break.’
Daily Telegraph, 26th October 2017
Source: www.telegraph.co.uk
‘The Valuation Tribunal has dismissed an appeal by a student accommodation provider over the application of council tax exemptions to student flats.’
Local Government Lawyer, 25th October 2017
Source: localgovernmentlawyer.co.uk
‘The infringement that was the subject of the appeal was the lifting of a fragment of a photo of the great man’s wedding photo in 1937 from the VisitWales.com website and its reuse on a website that advertises holiday cottages in Wales. Liability was not contested so the hearing before Deputy District Judge Vary was an assessment of damages only. According to paragraph [7] of Judge Hacon’s judgment, the learned deputy district judge awarded £250 on the user principle and declined to award additional damages under s.97 (2) of the Copyright, Designs and Patents Act 1988 (“the CDPA”). He ordered the copyright owner to pay the infringer’s travelling expenses on the ground that the claimant had failed in its obligation under CPR 1.3 to help the court further the overriding objective by bringing proceedings in the Irish Republic for infringement of the corresponding Irish copyright and threatening similar proceedings in the USA to maximize cost and pressure on the defendant to settle.’
NIPC Law, 15th October 2017
Source: nipclaw.blogspot.co.uk
‘The Solicitors Regulation Authority last month published long-awaited guidance on a key section of the Legal Services Act 2007 that it is claimed will stop many local authorities’ legal services trading activities “dead in their tracks”.’
Local Government Lawyer, 6th October 2017
Source: www.localgovernmentlawyer.co.uk
‘A foster carer is launching a legal claim to argue for workers’ rights for people in her role.’
BBC News, 9th October 2017
Source: www.bbc.co.uk
‘Any hope that a tough new data protection regime will be enforced lightly at first were dashed this week by a senior figure at the Information Commissioner’s Office (ICO). The EU General Data Protection Regulation (GDPR) comes into force on 25 May next year, regardless of domestic legislation currently before parliament.’
Law Society's Gazette, 29th September 2017
Source: www.lawgazette.co.uk
‘This blog recently published a detailed piece by Michal Hain. He made some very interesting claims that this note will examine. I start by explaining Hain’s arguments and ordering them roughly according to the way they come out in his piece. I then examine each in greater detail giving my own views. Finally, I will conclude with some general points about constitutionalism and individual cases.’
UK Constitutional Law Association, 18th September 2017
Source: ukconstitutionallaw.org
‘A Court of Appeal ruling has dealt a blow to hopes that the 2013 Defamation Act would raise the bar to libel actions in England and Wales courts. In Bruno Lachaux v Independent Print Limited and Evening Standard Limited, and Bruno Lachaux v AOL (UK) Limited, the court dismissed an appeal by publishers against a High Court finding that a French national living in Dubai had been caused “serious harm” by the publication of allegations by his former wife.’
Law Society's Gazette, 12th September 2017
Source: www.lawgazette.co.uk
‘A constitutional storm is brewing. Whilst it is too early to perform the burial rites for parliamentary sovereignty, the Supreme Court’s decisions in R (UNISON) v Lord Chancellor [2017] UKSC 51 and R (Evans) v Attorney-General [2015] UKSC 21 are the beginning of the end of the principle’s unrivalled reign. Two especially thorny constitutional issues arose in both cases. One concerns the extent to which statutory interpretation can be used as a tool to resolve conflicts between cherished constitutional values (such as the rule of law) and the explicit wording of a statute. Just as importantly, a distinct question of constitutional interpretation arises with regard to deriving meaning from such values; in other words, how are courts to determine what the “rule of law” in fact demands? What is at stake in this second debate is exemplified by the controversy surrounding the doctrine of substantive due process in the constitutional law of the United States. Whilst it is clear that UNISON and Evans embody a forceful judicial response in the face of inroads on the rule of law, it is less clear what approach courts will take to interpreting constitutional principles in the future.’
UK Constitutional Law Association, 12th September 2017
Source: ukconstitutionallaw.org
‘A PDF version of a document can constitute a database and information contained in it can be protected by database rights, the High Court in London has ruled.’
OUT-LAW.com, 8th September 2017
Source: www.out-law.com
‘Last Friday the Court of Appeal delivered judgment in R (Davey) v Oxfordshire CC [2017] EWCA Civ 1308. This is the first time the Court of Appeal has examined the provisions of the Care Act 2014.’
Community Care Blog, 7th September 2017
Source: communitycare11kbw.com
‘Where the claimant in an arbitration ceases to exist, it is usually the respondent who contends that the arbitration has been or should be brought to an end. There may then be an issue whether the claimant’s claim in arbitration can survive by, for example, a principle of universal succession (Eurosteel Ltd v Stinnes AG [2000] CLC 470).’
Law Society's Gazette, 4th September 2017
Source: www.lawgazette.co.uk
‘This was an action for infringement of database right and copyright in an electrocardiogram (“ECG”) analysis and reporting system known as ECG Cloud.’
NIPC Law, 2nd September 2017
Source: nipclaw.blogspot.co.uk
‘What happens when your FOIA request to a public authority is met with the response that it would breach the cost limits set under section 12 to respond to the request because the authority’s record keeping systems are in a particular (i.e. poor) state? In a word: tough.’
Panopticon, 24th August 2017
Source: panopticonblog.com
‘The recent case of Vining & Ors v London Borough of Wandsworth [2017] EWCA Civ 1092 represents an attempt to circumvent restrictions on certain types of officers from enjoying employment law rights – in a claim of unfair dismissal and for a protective award in respect of an alleged failure in collective consultation relating to their redundancies.’
UK Police Law Blog, 15th August 2017
Source: ukpolicelawblog.com
‘When is temporary accommodation provided under the Housing Act 1996 Section 193(2) duty occupied ‘as a dwelling’ fo the purposes of Section 3 Protection from Eviction Act 1977?’
Nearly Legal, 13th August 2017
Source: nearlylegal.co.uk
‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.’
Competition Bulletin, 4th August 2017
Source: competitionbulletin.com
‘In the wake of the London and Manchester attacks, the government’s counter-terrorism strategy is increasingly in the news and under scrutiny. Radicalisation is a difficult concept to map on to a system like ours, which separates the definition of criminal behaviour and punishment from civil sanctions. In this week’s podcast, Marina Wheeler discusses some of the ways the law is trying to cope (Law Pod UK Episode 8, available on Monday 7 August). She and others from 1 Crown Office Row will be discussing this and related issues at a seminar on Monday 11 September. You will find full details at the end of this post.’
UK Human Rights Blog, 5th August 2017
Source: ukhumanrightsblog.com
‘Copyright is defined by s.1 (1) of the Copyright, Designs and Patents Act 1988 (“the CDPA”) as “a property right” which subsists in accordance with Part I of the Act in original artistic, dramatic, literary and musical work, broadcasts, films and sound recordings and typography. A work in which copyright subsists is known as “a copyright work” pursuant to s.1 (2). The owner of a copyright in a copyright work has the exclusive right to do certain acts that are restricted to the copyright owner (see s.2 (1) CDPA). More importantly, the copyright owner has the exclusive right to prevent others from doing those acts which are often referred to as “restricted acts”.’
NIPC Law, 28th July 2017
Source: nipclaw.blogspot.co.uk
‘In the case of Hrabkova v Secretary of State for Work and Pension [2017] EWCA Civ 794, the Court of Appeal confirmed once again that self-employed individuals do not have the same rights as workers under EU law. The specific question in this case was whether a person with a child at school who had been self employed and ceased work might be entitled to claim Employment Support Allowance.’
Free Movement, 2nd July 2017
Source: www.freemovement.org.uk
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