Ofcom faces High Court action by CityFibre over claims it protects BT from broadband competition – Daily Telegraph

Posted July 6th, 2016 in appeals, competition, internet, news, ombudsmen, telecommunications, tribunals by Mark L

‘Ofcom has been accused of making “ridiculous” policy decisions that will cement BT’s position in the broadband market as a “single, unassailable wholesale infrastructure provider” in a High Court challenge by alternative network builder CityFibre.’

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Daily Telegraph, 5th July 2016

Source: www.telegraph.co.uk

Regina v Anwar (Umar) and others [2016] EWCA Crim 551 – WLR Daily

Regina v Anwar (Umar) and others [2016] EWCA Crim 551

‘The victim was telephoned and offered a supply of cannabis, as a result of which he drove to the appointed place where he got into a silver car, joining the three occupants, to complete the purchase. The front passenger pointed a shotgun at his face while the driver brandished a knife. As the victim attempted to escape two men exited a white van nearby and attempted to take his car. The man with the shotgun fired two shots but the victim escaped. Six defendants stood trial on charges of attempted murder, conspiracy to commit robbery and possession of a firearm with intent to commit robbery. The Crown argued that this was a well-planned criminal enterprise as shown on the CCTV footage and by the frequent mobile phone calls between the defendants which showed that all the robbers had the necessary knowledge that a firearm was to be carried with the intention that it should be used during the course of the robbery with the required, if conditional, intention to kill. The trial judge ruled that, although there was a case for all defendants to answer in respect of the count of conspiracy to rob, there was no case in relation to attempted murder and possession of a firearm with intent because there was no evidence to establish a prima facie case as to (a) any particular defendant being in the silver car; (b) any particular defendant holding the shotgun either in the silver car or when the shots were fired; or (c) crucially, any particular defendant being aware, by the time of travelling to the scene, that the shotgun was loaded, or that he was intending that it should be used if necessary specifically to kill. The Crown appealed against the judge’s ruling, pursuant to the provisions of section 58 of the Criminal Justice Act 2003.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

Legal professional privilege under fire – Halsbury’s Law Exchange

‘Sometimes the most fundamental principles can be most vulnerable to attack and/or erosion. As the government strives to tackle the threat posed by those who seek to undermine our democratic values in the context of an increasingly digital age, legal professional privilege (LPP) is in danger of becoming just that kind of principle.’

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Halsbury’s Law Exchange, 28th June 2016

Source: www.halsburyslawexchange.co.uk

BREXIT: UK net neutrality guidance could differ from the EU’s, says expert – OUT-LAW.com

Posted June 29th, 2016 in brexit, EC law, internet, news, referendums, telecommunications by sally

‘The UK could set out its own guidance on net neutrality in light of the country’s decision to leave the EU, an expert has said.’

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OUT-LAW.com, 28th June 2016

Source: www.out-law.com

Watchdog demands more powers to stop cold-calling kingpins from dodging fines – Daily Telegraph

‘Cold call kings behind millions of nuisance calls are getting away with it because the Government has refused to hold them personally liable, the departing Information Commissioner has told The Telegraph. Christopher Graham, in his final interview before stepping down, said he had repeatedly pressed ministers to give him the power to pursue the directors of cold-calling companies – but his pleas had been ignored.’

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Daily Telegraph, 18th June 2016

Source: www.telegraph.co.uk

NHS 111 service putting patients ‘at risk of harm’ – The Guardian

Posted June 16th, 2016 in health, news, reports, telecommunications by tracey

‘The urgent phoneline run by South Western ambulance service NHS foundation trust (SWASFT) has been ordered to make improvements by health inspectors after they concluded that services were inadequate.’

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The Guardian, 16th June 2016

Source: www.guardian.co.uk

Police review revenge porn case against man let off with caution – The Guardian

Posted May 13th, 2016 in cautions, children, harassment, internet, news, police, pornography, telecommunications by tracey

‘Detectives are considering whether to reinterview a man accused of revenge pornography after criticism over their failure to charge him.’

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The Guardian, 13th May 2016

Source: www.guardian.co.uk

Sentencing guidelines to reflect influence of technology – Law Society’s Gazette

‘The influence of technological developments on offending – such as sharing photos and videos on social media, and online grooming – have been factored into new sentencing proposals for young offenders.’

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Law Society’s Gazette, 12th March 2016

Source: www.lawgazette.co.uk

EE gets Three’s muppet ad banned over ‘undisputed’ reliability claim – The Independent

Posted May 11th, 2016 in advertising, competition, complaints, inquiries, news, telecommunications by sally

‘A Muppet-themed ad by mobile phone provider Three has been banned by the Advertising Standards Authority (ASA) after rival EE complained over its claim to be the “undisputed” most reliable network.’

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The Independent, 11th May 2016

Source: www.independent.co.uk

Gang jailed over pensioner phone scam – BBC News

‘Eight men from London have been jailed for a phone scam that defrauded UK pensioners out of more than £1m.’

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BBC News, 4th May 2016

Source: www.bbc.co.uk

Police accused of ‘stark errors’ and ‘cherry picking’ in university rape case – The Independent

‘Police made “stark errors” during an investigation into four young men accused of gang rape, a court has heard.’

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The Independent, 27th April 2016

Source: www.independent.co.uk

Misuse of your private information – Can You Put A Value On That? – 4 KBW

Posted April 26th, 2016 in appeals, damages, human rights, interception, media, news, privacy, telecommunications by sally

‘The Supreme Court has refused MGN Limited permission to appeal the decision in Representative Claimants -v- Mirror Group Newspapers Ltd [2015] EWCA Civ 1291 – the Court of Appeal’s decision regarding the appropriate level of damages in eight phone-hacking ‘test cases’. This decision itself was an unsuccessful appeal by MGN against the High Court decision in Gulatti & Ors v MGN Limited [2015] EWHC 1482.’

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4 KBW, 8th April 2016

Source: www.4kbw.net

UK spy agencies have collected bulk personal data since 1990s, files show – The Guardian

‘Britain’s intelligence agencies have been secretly collecting bulk personal data since the late 1990s and privately admit they have gathered information on people who are “unlikely to be of intelligence or security interest”.’

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The Guardian, 21st April 2016

Source: www.guardian.co.uk

EU court hears case on UK data retention laws – OUT-LAW.com

‘The EU’s highest court will hear arguments on Tuesday concerning the validity of UK data retention laws.’

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OUT-LAW.com, 12th April 2016

Source: www.out-law.com

Upholding fundamental rights or ensuring accurate verdicts? The ECtHR and the use of unchallengeable witness evidence – UK Human Rights Blog

Posted April 5th, 2016 in courts, evidence, human rights, news, telecommunications, witnesses by sally

‘The European Court of Human Rights (“ECtHR”) has held that the use of telephone recordings as evidence in a criminal trial, despite the inability of the accused to challenge the caller, did not violate his rights under Article 6, ECHR. This judgment follows a number of Grand Chamber judgments on similar issues that have altered the ECtHR’s stance on the subject of absent witness evidence.’

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UK Human Rights Blog, 4th April 2016

Source: www.ukhumanrightsblog.com

ICO gives fresh guidance to businesses on buying in marketing databases – OUT-LAW.com

‘Businesses should not promote products or services to consumers whose contact details they have bought from another company until they have checked that the seller obtained appropriate consent for such marketing activity, the UK’s privacy watchdog has said.’

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OUT-LAW.com, 1st April 2016

Source: www.out-law.com

Sports clip App infringes copyright – Sports Law Bulletin from Blackstone Chambers

Posted March 31st, 2016 in copyright, internet, media, news, sport, telecommunications by sally

‘The recent decision of Arnold J. in (1) England & Wales Cricket Board Ltd, (2) Sky UK Ltd v (1) Tixdaq Ltd, (2) Fanatix Ltd [2016] EWHC 575 (Ch) is important not only for sports rights holders and broadcasters, but for all those involved and interested in the limits of copyright protection law in a fast moving world where developments in information technology constantly challenge the way we communicate and consume.’

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Sports Law Bulletin from Blackstone Chambers, 31st March 2016

Source: www.sportslawbulletin.org

Ofcom to hold back ‘adequate spectrum’ for use by connected devices – OUT-LAW.com

Posted March 29th, 2016 in consultations, internet, licensing, news, telecommunications by sally

‘A proportion of very high frequency (VHF) wireless spectrum will be reserved for future use by Internet of Things (IoT) connected devices, the UK telecoms regulator has announced.’

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OUT-LAW.com, 29th March 2016

Source: www.out-law.com

Mirror Group refused permission to appeal landmark phone hacking damages awards – OUT-LAW.com

Posted March 24th, 2016 in appeals, damages, interception, media, news, privacy, Supreme Court, telecommunications by tracey

‘Mirror Group Newspapers (MGN) has failed in its bid to overturn a landmark ruling in which it was ordered to pay approximately £1.2 million in damages for infringing the privacy of eight individuals through phone hacking.’

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OUT-LAW.com, 23rd March 2016

Source: www.out-law.com

Nuisance calls by ‘ambulance chasers’ soar despite attempts at crackdown – Daily Telegraph

‘One in five people receives an unsolicited, nuisance call every day in a practice fuelled by “ambulance-chasing lawyers,” a report has warned. The compensation culture, which is driven by claims management companies, has soared, despite government attempts to crack down on the practice.’

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Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk