New Digital Economy Bill laid before the UK parliament – OUT-LAW.com

‘Plans for establishing a universal service obligation (USO) on broadband, governing the installation and maintenance of telecoms infrastructure, facilitating public sector data sharing and regulating direct marketing activities have been published before the UK parliament.’

Full story

OUT-LAW.com, 6th July 2016

Source: www.out-law.com

Shoppers ‘ripped off’ by MasterCard stand to gain £400 compensation in record class action – Daily Telegraph

‘Shoppers have been ripped off by as much as £400 each due to unfair chip and pin charges in shops, lawyers preparing a historic class action case against MasterCard have claimed.’

Full story

Daily Telegraph, 6th July 2016

Source: www.telegraph.co.uk

The Chilcot Report – an Illegal War? – UK Human Rights Blog

‘More than 7 years after Gordon Brown first announced that a public Inquiry would be conducted to identify lessons that could be learned from the Iraq conflict, the Chilcot report was finally published on7 July 2016. However, it was worth the wait. This post does not seek to summarise the report: there are many other good overviews (such as the BBC’s ). The report’s executive summary, in particular the key findings section, is also well worth a read. The intention is to cover in this and subsequent posts some of the key legal issues raised by the report. This post considers the relevance of the Chilcot report’s findings to the broader issue of whether Britain’s intervention in Iraq was legal – an issue which was not itself within the remit of the inquiry.’

Full story

UK Human Rights Blog, 7th July 2016

Source: www.ukhumanrightsblog.com

Criminals winning ‘cyber arms race’ – National Crime Agency – BBC News

Posted July 7th, 2016 in computer crime, conspiracy, crime, internet, news by sally

‘Businesses and law enforcement agencies are losing the “cyber arms race” with online criminals, the UK’s National Crime Agency has warned.’

Full story

BBC News, 7th July 2016

Source: www.bbc.co.uk

Chilcot’s lessons on going to war must be enshrined in law – The Guardian

Posted July 7th, 2016 in constitutional reform, Iraq, news, parliament, reports, war, weapons by sally

‘A robust and agreed framework should be followed by future cabinets before decisions on military action are taken.’

Full story

The Guardian, 6th July 2016

Source: www.guardian.co.uk

New tough charity regulator to name and shame bullying ‘chuggers’ – Daily Telegraph

Posted July 7th, 2016 in charities, codes of practice, news, regulations, reports by sally

‘Charity fundraisers who harass the elderly and shoppers in street will be “named and shamed” by a tougher new regulator to be launched today.’

Full story

Daily Telegraph, 7th July 2016

Source: www.telegraph.co.uk

The British women who couldn’t hire a sofa without their husbands’ signature – BBC News

Posted July 7th, 2016 in consumer credit, married persons, news, sex discrimination, women by sally

‘-When the first British credit card launched 50 years ago it was mostly used by men
-In the 1960s and 1970s, women were viewed as a riskier investment by banks and stores
-Women had to get their father or husband to sign for most loans even if they earned more than them.’

Full story

BBC News, 7th July 2016

Source: www.bbc.co.uk

Activists seek judicial review of Yorkshire fracking decision – The Guardian

Posted July 7th, 2016 in energy, environmental protection, fracking, news, planning by sally

‘Anti-fracking campaigners have applied for judicial review of a council’s decision to allow use of the gas extraction technique in North Yorkshire.’

Full story

The Guardian, 7th July 2016

Source: www.guardian.co.uk

Boy left with brain injuries at birth receives £11m compensation – The Guardian

‘The mother of a boy who was born with brain injuries after medical staff failed to notice his slowing heartbeat during labour has said she hopes she can provide a better quality of life for her son after receiving £11m in a high court settlement with the NHS.’

Full story

The Guardian, 6th July 2016

source: www.guardian.co.uk

Another door closes for the Chagossians – UK Human Rights Blog

‘In R (on the application of Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35, the Supreme Court last week dismissed the attempt to set aside the House of Lord’s controversial 2008 decision in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61. The challenge was grounded in the disclosure of documents in the parallel proceedings of Bancoult No 3 relating to the reliability of a feasibility study into the long term viability of settlement in Chagos Islands.’

Full story

UK Human Rights Blog, 6th July 2016

Source: www.ukhumanrightsblog.com

Fletchers claims “major victory” on interim payments of costs – Litigation Futures

‘Southport injury firm Fletchers claims to have secured the first judgment ordering defendants to make an interim costs payment based on the new version of the rules which came into force in April 2013.’

Full story

Litigation Futures, 5th July 2016

Source: www.litigationfutures.com

Bar chairman warns on post-Brexit practising rights – Legal Futures

‘The ramifications of leaving the European Union are likely to be wide-ranging and could restrict the ability of barristers to practise outside England and Wales, the chairman of the Bar Council has warned.’

Full story

Legal Futures, 6th July 2016

Source: www.legalfutures.co.uk

High Court imposes restraint order on “obsessional” litigant who targeted lawyers – Legal Futures

Posted July 6th, 2016 in barristers, complaints, costs, harassment, news, restraining orders by Mark L

‘The High Court has imposed an extended civil restraint order (ECRO) on an “obsessional” libel litigant who sent over 100 text messages to the mobile phone of a partner at Pinsent Masons acting for Google.’

Full story

Legal Futures, 6th July 2016

Source: www.legalfutures.co.uk

Sharia law review issues call for evidence – Home Office

Posted July 6th, 2016 in evidence, Islam, islamic law, press releases, rule of law by Mark L

‘Individuals with experience of sharia law are being urged to take part in an independent review into its use.’

Full press release

Home Office, 4th July 2016

Source: www.gov.uk/home-office

Speech by Lady Justice Arden DBE: Is Commercial Arbitration the Future of Commercial Justice? – Courts and Tribunals Judiciary

‘Is Commercial Arbitration the Future of Commercial Justice?’

Full speech

Courts and Tribunals Judiciary,  5th July 2016

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

Posted July 6th, 2016 in law reports by Mark L

Court of Appeal (Civil Division)

ELS Group Ltd, R (on the application of) v HM Revenue and Customs [2016] EWCA Civ 663 (05 July 2016)

Tiuta International Ltd v De Villiers Surveyors Ltd [2016] EWCA Civ 661 (01 July 2016)

Court of Appeal (Criminal Division)

Rogers, R v [2016] EWCA Crim 801 (01 July 2016)

High Court (Administrative Court)

Binaura, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1578 (Admin) (05 July 2016)

Regional Court In Poznan (Poland) v Czubala [2016] EWHC 1653 (Admin) (05 July 2016)

Davies v Health And Care Professions Council [2016] EWHC 1593 (Admin) (05 July 2016)

OM, R (On the Application Of) v Secretary of State for the Home Office [2016] EWHC 1588 (Admin) (01 July 2016)

Kearsey v Nursing And Midwifery Council [2016] EWHC 1603 (Admin) (01 July 2016)

High Court (Chancery Division)

Aqua Global Solutions Ltd v Fiserv (Europe) Ltd [2016] EWHC 1627 (Ch) (05 July 2016)

Daniel & Ors v Tee & Ors [2016] EWHC 1538 (Ch) (01 July 2016)

Purrunsing v A’Court & Co (a firm) & Anor [2016] EWHC 1528 (Ch) (01 July 2016)

High Court (Commercial Court)

Connect Shipping Inc & Anor v Sveriges Anfgartygs Assurans Forening (The Swedish Club) & Ors [2016] EWHC 1580 (Comm) (01 July 2016)

High Court (Queen’s Bench Division)

Montpelier Business Reorganisation Ltd v AJP One LLP & Ors [2016] EWHC 977 (QB) (05 July 2016)

Marsden v Barclays Bank Plc [2016] EWHC 1601 (QB) (05 July 2016)

F And S vTH [2016] EWHC 1605 (QB) (01 July 2016)

Community Pharmacies (UK) Ltd, R (On the Application Of) v The National Health Service Litigation Authority [2016] EWHC 1595 (QB) (01 July 2016)

The Software Incubator Ltd v Computer Associates UK Ltd [2016] EWHC 1587 (QB) (01 July 2016)

Surrey v Barnet and Chase Farm Hospitals NHS Trust [2016] EWHC 1598 (QB) (01 July 2016)

High Court (Technology and Construction Court)

Goldsworthy & Ors (t/a Goldsworthy Builders) v Harrison & Anor [2016] EWHC 1589 (TCC) (01 July 2016)

Perenco UK Ltd & Anor v Bond [2016] EWHC 1498 (TCC) (29 June 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 6th, 2016 in legislation by Mark L

The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016

The Health and Care Professions Council (Miscellaneous Amendments) Rules Order of Council 2016

The Communications (Access to Infrastructure) Regulations 2016

The Enterprise Act 2016 (Commencement No. 1) Regulations 2016

The Representation of the People (England and Wales) (Amendment) Regulations 2016

The National Health Service (Performers Lists) (England) (Amendment) Regulations 2016

The Social Security (Jobseeker’s Allowance, Employment and Support Allowance and Universal Credit) (Amendment) Regulations 2016

Source: www.legislation.gov.uk

Britain will still be bound by international courts under any serious trade deal, MPs warned – The Independent

‘Britain would still be bound by the judgments of international courts under any serious international free trade agreement with other countries, a leading legal academic has warned MPs.’

Full story

The Independent, 5th July 2016

Source: www.independent.co.uk

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.’

Full story

Daily Telegraph, 5th July 2016

Source: www.telegraph.co.uk

Patient ‘lay dead’ in London A&E for ‘hours’ before being found – BBC News

Posted July 6th, 2016 in doctors, hospitals, news, nurses, quality assurance, standards, statistics by Mark L

‘A patient lay dead for up to four-and-a-half hours before being spotted at one of the busiest A&E departments in the country, inspectors have revealed. A review of North Middlesex University Hospital by the Care Quality Commission also found there were too few competent doctors who were able to assess and treat patients at night.’

Full story

BBC News, 6th July 2016

Source: www.bbc.co.uk