Patents: A P Racing Ltd v Alcon Components Ltd (#2) – NIPC Law

Posted June 26th, 2018 in appeals, news, patents by sally

‘This was an appeal by the claimant company, A P Racing Ltd (“AP”), against the decision of His Honour Judge Hacon in AP Racing Ltd v Alcon Components Ltd [2017] EWHC 248 (IPEC) (15 Feb 2017). His Honour held that one of 7 disk brake calipers manufactured by Alcon Components Ltd (“Alcon”) infringed UK patent no. GB 2,452,690 for a disc brake caliper body and a disc brake caliper comprising such a body but the other 6 did not. AP appealed against the finding of non-infringement in relation to 2 of Alcon’s calipers, CAR 1249 and CAR 37.’

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NIPC Law, 24th June 2018

Source: nipclaw.blogspot.com

Grayling to face legal action over Heathrow expansion plan – The Guardian

Posted June 26th, 2018 in airports, environmental health, judicial review, local government, news, pollution by sally

‘The transport secretary, Chris Grayling, is facing a fresh headache over Heathrow as a group of councils confirmed they were planning legal action against expansion, just hours after MPs voted overwhelmingly to back a third runway.’

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The Guardian, 26th June 2018

Source: www.theguardian.com

Political ads on social media must be transparent – Electoral Commission – BBC News

Posted June 26th, 2018 in advertising, elections, internet, news, political parties by sally

‘”Urgent” action is needed to make online political advertising more honest and transparent, the UK’s election watchdog has said.’

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BBC News, 26th June 2018

Source: www.bbc.co.uk

Trials and tribulations: my life as a criminal barrister – The Guardian

Posted June 26th, 2018 in barristers, criminal justice, news, rehabilitation, young offenders by sally

‘Years spent representing young offenders left me unconvinced that the system was giving them a fair shot at rehabilitation.’

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The Guardian, 26th June 2018

Source: www.theguardian.com

How effective is press regulation when it comes to accuracy? – Transparency Project

Posted June 25th, 2018 in complaints, media, news by sally

‘We recently complained to The Daily Mail about an inaccurate article compounded by a particularly misleading headline which extracted a minor fact from a judgment that had potential to make an attention grabbing headline, and made it sound as if it was what the case was all about. The headline was :

Nurse’s one-year-old son is taken from her care after she let him sit in a Bob The Builder toy car that was ‘inappropriate’ for his age.

Our complaint was rejected. We promised to progress our complaint to IPSO and to set out the basis of our complaint before we did so (on the basis that IPSO rules mean we can’t always publish the detail of complaints correspondence once we’ve entered the process).’

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Transparency Project, June 2018

Source: www.transparencyproject.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 25th, 2018 in legislation by sally

The Environment and Rural Affairs (Miscellaneous Revocations) Order 2018

The Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) Regulations 2018

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 25th, 2018 in law reports by sally

Court of Appeal (Criminal Division)

Guy, R v [2018] EWCA Crim 1393 (21 June 2018)

Hockey, R v [2018] EWCA 1419 Crim (21 June 2018)

High Court (Administrative Court)

Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) (22 June 2018)

Elan-Cane, R (on the application of) v Secretary of State for the Home Department & Anor [2018] EWHC 1530 (Admin) (22 June 2018)

Peak Gen Top Co Ltd & Ors, R (on the application of) v The Gas And Electricity Markets Authority & Anor [2018] EWHC 1583 (Admin) (22 June 2018)

High Court (Commercial Court)

Vitol E&P Ltd v New Age (African Global Energy) Ltd [2018] EWHC 1580 (Comm) (22 June 2018)

High Court (Queen’s Bench Division)

Birmingham City Council v Persons Unknown [2018] EWHC 1601 (QB) (22 June 2018)

North Warwickshire Borough Council v Persons Unknown [2018] EWHC 1603 (QB) (22 June 2018)

Sheffield City Council v Brooke [2018] EWHC 1540 (QB) (21 June 2018)

Source: www.bailii.org

Tom Hickey: The Republican Core of the Case for Judicial Review – UK Constitutional Law Association

Posted June 25th, 2018 in constitutional law, judicial review, news by sally

‘Richard Bellamy is right about many things. One of them is that judicial review cannot be defended on the basis of what he calls its “epistemic properties:” on its supposed capacity to bring about better outcomes in disputes about rights. This is because of the fact of reasonable disagreement about rights combined with the fact that the reasons for that disagreement are no less applicable to judges than they are to ordinary citizens. Thus the premise of epistemic cases for judicial review, like those of Rawls and Dworkin, offends democratic principles.’

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UK Constitutional Law Association, 25th June 2018

Source: ukconstitutionallaw.org

Government defeated over housing legal aid – Law Society’s Gazette

Posted June 25th, 2018 in housing, judicial review, legal aid, news by sally

‘The government’s legal aid reforms suffered a new blow today when a High Court judge quashed controversial changes in the way it procures duty contracts for housing. The court was ruling on a judicial review brought by the Law Centres Network (LCN), heard over two days last month.’

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Law Society's Gazette, 22nd June 2018

Source: www.lawgazette.co.uk

NHS trusts win legal challenge over contract award by council to Virgin Care – Local Government Lawyer

Posted June 25th, 2018 in contracting out, health, hospitals, local government, news by sally

‘Two NHS foundation trusts have won a High Court challenge over Lancashire County Council’s decision to award a contract to Virgin Care for the provision of public health and nursing services to children and young people.’

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Local Government Lawyer, June 2018

Source: www.localgovernmentlawyer.co.uk

Pimlico’s legacy for self-employed contractors – Law Society’s Gazette

Posted June 25th, 2018 in contract of employment, holiday pay, news, self-employment, sick leave, Supreme Court by sally

‘The Supreme Court judgment in the Pimlico Plumbers case has been hailed as a victory for workers in the gig economy – and a blow for organisations that rely on large numbers of ‘self-employed’ contractors. In fact, the judgment largely confirms what we already knew – that employment status must be considered on the individual facts of each case and what happens on the ground is more important than the wording of the contract.’

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Law Society's Gazette, 25th June 2018

Source: www.lawgazette.co.uk

Chilwell serial rapist found guilty of 24 sex attacks – BBC News

Posted June 25th, 2018 in assault, child abuse, news, rape by sally

‘A serial rapist has been found guilty of 24 sex attacks, including four counts of rape on a child.’

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BBC News, 25th June 2018

Source: www.bbc.co.uk

Law Centres Network wins battle with MoJ over housing legal aid scheme changes – Local Government Lawyer

Posted June 25th, 2018 in housing, judicial review, law centres, legal aid, Ministry of Justice, news by sally

‘A High Court judge has quashed changes introduced by the Ministry of Justice to the Housing Possession Court Duty Scheme (HPCDS), it has been reported.’

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Local Government Lawyer, 22nd June 2018

Source: www.localgovernmentlawyer.co.uk

A very English scandal – New Law Journal

Posted June 25th, 2018 in bias, conspiracy, judges, murder, news, trials, witnesses by sally

‘Alec Samuels shares his reflections on the legal significance of the Jeremy Thorpe case.’

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New Law Journal, 21st June 2018

Source: www.newlawjournal.co.uk

The Fate of the Charter of Fundamental Rights in UK Law After Brexit is Sealed – Oxford Human Rights Hub

Posted June 25th, 2018 in bills, brexit, EC law, human rights, news by sally

‘On Monday in the House of Lords, Lord Pannick withdrew his amendment to the EU Withdrawal Bill retaining the EU Charter as part of the UK’s post-Brexit settlement. With this, the Charter’s fate in UK law post Brexit was sealed. When the UK leaves the EU, the EU Charter will cease to apply. The status of the Charter during the transitional period, whilst the UK is neither in nor out of the EU, is still to be confirmed but it would seem inconceivable that the Charter would not continue to apply during that period.’

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Oxford Human Rights Hub, 20th June 2018

Source: ohrh.law.ox.ac.uk

Solicitor unable to cope struck off for backdating letters “to buy time” – Legal Futures

Posted June 25th, 2018 in disciplinary procedures, news, solicitors by sally

‘A young personal injury solicitor who dishonestly backdated 23 documents to conceal inactivity as she struggled to keep on top of her workload, has been struck off.’

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Legal Futures, 25th June 2018

Source: www.legalfutures.co.uk

Student who killed her sister in car crash spared jail after judge rules she has been punished enough – Daily Telegraph

Posted June 25th, 2018 in dangerous driving, news, sentencing, suspended sentences by sally

‘The daughter of a driving instructor who killed her teenage sister in a horror crash has been spared jail after a judge accepted no sentence could punish her more than her “incalculable” loss.’

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Daily Telegraph, 22nd June 2018

Source: www.telegraph.co.uk

Varying maintenance? What’s the right answer? – Family Law

Posted June 25th, 2018 in divorce, financial provision, news by sally

‘As the summer sunshine continues, so too does the flow of Supreme Court appeals dealing with fundamental family law questions. In the last few weeks, they have looked at extending civil partnerships to straight couples and the modern approach to ‘unreasonable behaviour’ within divorce petitions. The latest issue considered by the UK’s highest court has been maintenance, specifically, the correct approach to varying a maintenance order years after the divorce and financial settlement have been finalised.’

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Family Law, 22nd June 2018

Source: www.familylaw.co.uk

Indemnity insurance reforms not worth the risk, cautions ABI – Legal Futures

Posted June 25th, 2018 in indemnities, insurance, news, solicitors by sally

‘The Solicitors Regulation Authority (SRA) is wrong to assume that premiums will fall as a result of its professional indemnity insurance (PII) reforms, the Association of British Insurers (ABI) has warned.’

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Legal Futures, 25th June 2018

Source: www.legalfutures.co.uk

Uber’s appeal over London licence ban begins – The Guardian

Posted June 25th, 2018 in licensing, London, news, taxis by sally

‘Uber’s appeal against the decision not to renew its licence in London will begin on Monday.’

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The Guardian, 25th June 2018

Source: www.theguardian.com