Court of Appeal: law firms must comply with data requests even if purpose is to aid litigation – Legal Futures

Posted February 22nd, 2017 in appeals, data protection, disclosure, documents, news, privilege by sally

‘Law firms must comply with data requests even if the purpose for seeking the documents is “assisting in litigation”, the Court of Appeal has ruled.’

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Legal Futures, 22nd February 2017

Source: www.legalfutures.co.uk

Ground-breaking code of practice to tackle pirate websites – Technology Law Update

Posted February 22nd, 2017 in codes of practice, computer crime, copyright, internet, news, piracy by sally

‘A ground-breaking new initiative targeting online piracy brings together the creative industries and leading search engines under a voluntary code of practice to tackle copyright infringing sites. The deal, brokered by the UK Intellectual Property Office, with the support of Ofcom and the Department for Culture, Media and Sport, will involve collaborative work to demote search results that link to illegal sites. There will be ongoing technical consultation and information sharing to improve the process and adapt to change.’

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Technology Law Update, 21st February 2017

Source: www.technology-law-blog.co.uk

Brexit briefing: Securing EEA Nationals’ Residence Rights – Free Movement

Posted February 22nd, 2017 in advocacy, brexit, citizenship, documents, EC law, government departments, immigration, news by sally

‘The rights of EEA nationals (plus Swiss) to reside in the UK are primarily addressed in the Citizens Directive (Directive 2004/38/EC) which is implemented in the United Kingdom in the Immigration (European Economic Area) Regulations 2016.’

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Free Movement, 21st February 2017

Source: www.freemovement.org.uk

Health and safety: Do higher fines and tougher enforcement make for more appeals? – OUT-LAW.com

‘The introduction of the Definitive Sentencing Guideline for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences in February 2016 has resulted in a huge shift in the punishment of safety offences.’

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OUT-LAW.com, 21st February 2017

Source: www.out-law.com

Watchdog to pursue essay-cheat websites – BBC News

Posted February 22nd, 2017 in internet, news, penalties, plagiarism, standards, universities by sally

‘The universities watchdog is being asked to pursue websites advertising essay-writing services for students.’

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BBC News, 21st February 2017

Source: www.bbc.co.uk

Appeal court rules firm wrong to refuse disclosure of privileged information – Law Society’s Gazette

Posted February 22nd, 2017 in appeals, data protection, disclosure, news, privilege by sally

‘The Court of Appeal has ordered international firm Taylor Wessing to comply with an application for information it held about parties embarking on litigation despite the firm’s claim that the data was covered by legal professional privilege.’

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Law Society’s Gazette, February 2017

Source: www.lawgazette.co.uk

Families await supreme court verdict on income rules for spouse visas – The Guardian

Posted February 22nd, 2017 in families, human rights, immigration, news, Supreme Court, visas by sally

‘The fate of tens of thousands of separated British families in which one parent is not entitled to live in the UK because they have failed to meet a minimum income threshold of £18,600 will be decided by the supreme court on Wednesday.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

Opposite-sex civil partnerships? Steinfeld & Anor in the Court of Appeal – Law & Religion UK

‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. In June 2014 the Coalition Government published the results of its second consultation on the future of civil partnership: Civil Partnership Review (England and Wales) – Report on Conclusions. After considering the responses to that consultation, the Government decided that it would not be making any changes at present.’

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Law & Religion UK, 21st February 2017

Source: www.lawandreligionuk.com

Article 50 is actually reversible, author of the Brexit treaty clause says – The Independent

Posted February 22nd, 2017 in amendments, bills, brexit, EC law, news, parliament, treaties by sally

‘The author of Article 50 has ridiculed the Government’s claim that the treaty clause cannot be stopped after it is triggered.’

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The Independent, 22nd February 2017

Source: www.independent.co.uk

Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden – Cloisters

Posted February 22nd, 2017 in carers, employment, minimum wage, news by sally

‘In November 2016, the government commissioned a review of modern employment practices. It is being led by Matthew Taylor and will focus on what has become known as the “gig economy”. In this blog, we summarise our written evidence to that review. Our central plea was that our legislators provide certainty for all. In our view this can best be achieved by extending basic workers’ rights to all but the truly self-employed.’

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Cloisters, 9th February 2017

Source: www.cloisters.com

Should heterosexual couples be allowed to enter civil partnerships? – The Guardian

‘A heterosexual couple who labelled traditional marriage as a “sexist” and “patriarchal” institution, have lost their appeal to enter into a civil partnership.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

UK prisons ‘holding child inmates in solitary confinement against UN torture rules’ – The Independent

‘British prisons are holding child inmates in solitary confinement in an alleged breach of UN torture rules and British law, The Independent has found. Lawyers in one case have launched legal action against the Government in the High Court.’

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The Independent, 21st February 2017

Source: www.independent.co.uk

Don’t use dyslexia as an excuse, judge tells ‘bully’ businessman in divorce case as he says ‘even Albert Einstein had dyslexia’ – Daily Telegraph

Posted February 22nd, 2017 in autism, divorce, dyslexia, family courts, judges, news, private hearings by sally

‘A businessman embroiled in a bitter divorce case with his estranged wife has been criticised by a judge for using his dyslexia as an excuse, telling him “even Einstein had dyslexia”.’

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Daily Telegraph, 21st February 2017

Source: www.telegraph.co.uk

Get Carter gangland murder appeal rejected – BBC News

Posted February 22nd, 2017 in appeals, Criminal Cases Review Commission, gangs, murder, news by sally

‘A bid to challenge a murder conviction that inspired the classic crime thriller Get Carter has been rejected by the High Court.’

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BBC News, 21st February 2017

Source: www.bbc.co.uk

Jetha v Basildon Court Residents Company Ltd – Arden Chambers

Posted February 22nd, 2017 in appeals, covenants, estoppel, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’

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Arden Chambers, 16th February 2017

Source: www.ardenchambers.com

Tax barrister plans to take Uber to court over alleged £20m black hole – The Guardian

‘A leading tax lawyer is planning to challenge Uber in the courts over what he alleges could be a £20m-a-year black hole in its tax payments in the UK.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

Court rules against heterosexual couple who wanted civil partnership – The Guardian

‘A legal challenge aimed at overturning the ban on heterosexual couples entering into civil partnerships has gained ground despite defeat at the court of appeal, according to equal rights campaigners.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

Proving Propensity via Allegations of Bad Character – 2 Hare Court

Posted February 21st, 2017 in appeals, bad character, evidence, jury directions, murder, news, Supreme Court by sally

‘The approach to contested non-conviction bad character evidence has changed in the wake of the Supreme Court’s judgment in the case of R v Mitchell [2016] UKSC 55.’

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2 Hare Court, 5th January 2017

Source: www.2harecourt.com

Miller, BrEXIT and BreUK-up – Counsel

‘The Supreme Court’s treatment of the devolution issues in Miller is troubling, argues Aidan O’Neill QC, who examines the UK’s complex multi-national constitutional history and potential impact on the devolved political constitution.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

Defending Private Prosecutions – 2 Hare Court

Posted February 21st, 2017 in defences, news, private prosecutions by sally

‘Private prosecutions of crimes such as fraud and trademark or copyright infringement have become an increasingly important tool of litigation in the UK in recent years. A number of us at 2 Hare Court are currently acting in such cases, defending and prosecuting. Whilst much has been written of late about how to bring a private prosecution, relatively little has made its way into print about defending such cases. Whilst doing so will of course involve many of the same considerations as defending a prosecution brought by the CPS, there is an additional array of options that should be borne in mind.’

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2 Hare Court, 5th January 2017

Source: www.2harecourt.com