Anorexia, alcoholism and the right to autonomy – UK Human Rights Blog

‘The issues that arose before the Court of Protection in this case encapsulate the difficulties involved in applying legal tools to the organic swamp of human pathology. Everything that one may envisage, for example, in planning a “living will” (or, more precisely, an Advance Decision under the Mental Capacity Act), may have no application at the critical time because the human body – or rather the way it falls apart – does not fit in to neat legal categories. In such a situation it is often the right to autonomy that is most at risk, since what you plan for your own medical and physiological future may not square with what the authorities you decide you were capable of planning. Cobb J’s sensitive and humane judgement in this sad case is a very encouraging sign that courts are beginning to resist the tyrannous claims of Article 2 and the obligation to preserve life at all costs.’

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UK Human Rights Blog, 22nd October 2014

Source: www.ukhumanrightsblog.com

Lady Gaga the polo pony in High Court libel battle – Daily Telegraph

Posted October 23rd, 2014 in animals, costs, damages, defamation, news by sally

‘A polo pony called Lady Gaga was at the centre of a High Court libel battle after her ‘reputation was slurred’ on YouTube.’

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Daily Telegraph, 22nd October 2014

Source: www.telegraph.co.uk

A very unlawful eviction – NearlyLegal

Posted October 23rd, 2014 in damages, housing, local government, news, repossession by sally

‘This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended with findings against Southwark that were as bad as they could possibly be (and just perhaps even worse than the available evidence would support).’

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NearlyLegal, 22nd October 2014

Source: www.nearlylegal.co.uk

Grayling ‘has no understanding of his role’ – Falconer – Law Society’s Gazette

‘Former lord chancellor Lord Falconer has attacked successor Chris Grayling for failing to view his commitment to the rule of law as different to that of any other government minister.’

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Law Society’s Gazette, 22nd October 2014

Source: www.lawgazette.co.uk

Hollie Robinson loses father murder appeal bid – BBC News

Posted October 23rd, 2014 in appeals, joint enterprise, murder, news by sally

‘A Colwyn Bay woman who teamed up with others to kill her own father in a knife attack must accept her murder conviction, top judges have ruled.’

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BBC News, 22nd October 2014

Source: www.bbc.co.uk

Supreme Court extends protection for asbestos victims – Litigation Futures

Posted October 23rd, 2014 in appeals, asbestos, news, regulations, Supreme Court, victims by sally

‘The Supreme Court has extended protection for victims of asbestos-related diseases, by ruling that the Asbestos Industry Regulations 1931 applied to all workers in factories where asbestos was being processed.’

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Litigation Futures, 23rd October 2014

Source: www.litigationfutures.com

Fake Chelsea footballer Medi Abalimba jailed for posing as Gael Kakuta – The Independent

Posted October 23rd, 2014 in fraud, news, sentencing, sport by sally

‘A failed footballer who enjoyed a champagne lifestyle by pretending to be a Chelsea player has been jailed for four years for a £163,000 fraud.’

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The Independent, 22nd October 2014

Source: www.independent.co.uk

The cost of dying with an outdated will is ‘£9,700’ – Daily Telegraph

Posted October 23rd, 2014 in costs, fees, intestacy, news, wills by sally

‘Research suggests that a combined £175 million in assets is lost each year to bereaved families if a relative dies intestate or with an outdated will.’

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Daily Telegraph, 22nd October 2014

Source: www.telegraph.co.uk

Disability hate crime convictions drop, says CPS – BBC News

Posted October 23rd, 2014 in crime, disabled persons, harassment, hate crime, news, prosecutions, reports by sally

‘Prosecutors have pledged to do more to tackle disability hate crime after a drop in the number of convictions.’

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BBC News, 23rd October 2014

Source: www.bbc.co.uk

Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm – The Guardian

Posted October 23rd, 2014 in employment, equality, news, race discrimination, self-employment, taxis by sally

‘Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm.’

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The Guardian, 22nd October 2014

Source: www.guardian.co.uk

Judge rules pregnant paranoid schizophrenic woman must undergo Caesarean section – The Independent

Posted October 23rd, 2014 in birth, Court of Protection, medical treatment, mental health, news by sally

‘A judge has ruled a pregnant woman who suffers from paranoid schizophrenia will undergo a Caesarean section.’

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The Independent, 22nd October 2014

Source: www.independent.co.uk

Flos putting us all through the Mill – NIPC Law

Posted October 22nd, 2014 in copyright, EC law, intellectual property, Italy, news by sally

‘In 1962 Achille and Pier Giacomo Castiglioni designed a floor lamp with a marble base and a curved lead to a bowl shaped reflector. Those lamps, known as the Arco lamp and you can see a picture of one of those lamps in Achille Castiglioni’s studio in Quick History: The Arco Lamp in Apartment Therapy. Original Arco lamps retail for £1,373 but it is possible to buy a reproduction for a fraction of that price as the Prime Minister’s wife did recently (see “Samantha Cameron counts the cost of her repro lamp” 3 Oct 2011 The Guardian).’

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NIPC Law, 17th October 2014

Source: www.nipclaw.blogspot.co.uk

Do me a favour! – New Law Journal

Posted October 22nd, 2014 in competition, contracts, EC law, electronic commerce, hotels, news, publishing by sally

‘Does price parity mean price increase when it comes to most favoured nation clauses? Rebecca Owen-Howes reports.’

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New Law Journal, 20th October 2014

Source: www.newlawjournal.co.uk

Use of a Trade Mark: Specsavers v ASDA – NIPC Law

Posted October 22nd, 2014 in appeals, news, trade marks by sally

‘In Community Trade Marks: Specsavers v ASDA 7 Feb 2012 NIPC Law I analysed the litigation that had taken place between two well known retailers in which the Court of Appeal considered how far an aggressive marketing campaign can go without infringing trade mark law. As I said in my case note Specsavers International Healthcare Ltd and others (“Specsavers”) had brought an action for trade mark infringement and passing off against the supermarket chain Asda Stores Ltd. (“ASDA”) for using the marketing materials that I identified in my note and Asda counterclaimed for revocation of Community trade mark 1358589 depicted above (“the wordless mark”) for non-use.’

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NIPC Law, 16th October 2014

Source: www.nipclaw.blogspot.co.uk

New sentencing proposals emphasise seriousness of knife and gun robberies – Sentencing Council

Posted October 22nd, 2014 in criminal justice, firearms, news, psychiatric damage, robbery, sentencing by sally

‘Today [21 October], the Sentencing Council has published its proposals for how robbers should be sentenced by the courts.’

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Sentencing Council, 21st October 2014

Source: http://sentencingcouncil.judiciary.gov.uk

New laws to support Good Samaritans move forward – Ministry of Justice

Posted October 22nd, 2014 in bills, employment, insurance, news, volunteers by sally

‘Law changes designed to support Good Samaritans and community heroes yesterday moved a step forward.’

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Ministry of Justice, 21st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Can the PM Go to War? – BBC Law in Action

Posted October 22nd, 2014 in internet, news, sentencing, war by sally

‘The House of Lords votes this week on a government proposal to increase the sentence for internet trolling to two years. We ask Baroness Deech QC – herself a victim of trolling – what she thinks of the idea.’

Listen

BBC Law in Action, 21st October 2014

Source: www.bbc.co.uk

Human Rights: Philosophy and History – Gresham College

Posted October 22nd, 2014 in human rights, legal history, magna carta, news, United Nations by sally

‘The philosophical and historical development of what may be regarded as essential human rights will be traced. It is essential to understand this development before criticising – or complaining about – modern Human Rights law.’

Transcript

Gresham College, 15th October 2014

Source: www.gresham.ac.uk

Prison inspector warns of ‘widening cracks’ in system – BBC News

Posted October 22nd, 2014 in drug abuse, news, prisons, reports, suicide by sally

‘There has been a “rapid deterioration” in prison safety in England and Wales, the prisons inspector has warned.’

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BBC News, 21st October 2014

Source: www.bbc.co.uk

Second bite of the cherry? Bringing a second action against different employers for development of mesothelioma: abuse of process, cause of action estoppel and discretion under s33 Limitation Act 1980 considered – Zenith PI Blog

‘Would an action against employers who were unidentifiable at the time of an initial claim against 8 other employers in 2003 succeed where it was argued that such proceedings were an abuse of process of the court, that there was cause of action estoppel and where the claim was statute barred and required an application under s 33 Limitation Act 1980?’

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Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com