‘Medicines are tightly regulated – for good reason. But what about those products occupying the grey area around obviously medicinal products: food supplements, sports nutrition, herbal and homeopathic remedies, for example? When should these borderline products receive the same scrutiny and control?.’
Technology Law Update, 20th June 2014
Source: www.technology-law-blog.co.uk
‘A clause in a contract of employment permitting an employer to deduct one month’s pay in respect of a departing employee’s failure to work her notice period was not a “penalty clause”, and was therefore enforceable, the Employment Appeal Tribunal (EAT) has ruled.’
OUT-LAW.com, 17th June 2014
Source: www.out-law.com
‘The application to have an entire trial held in secret caused a bit of a stir when news of the application was released earlier this month. The Court of Appeal has now permitted some of the hearing to be heard in public. This will probably be limited to the formalities at the start and end of the trial and parts of the Prosecution Opening.’
Halsbury’s Law Exchange, 17th June 2014
Source: www.halsburyslawexchange.co.uk
‘Not since the long gone days of the Star Chamber has a case happened in secret with no reporting of the names of defendants, the charges, or the evidence. Whilst some element of secrecy is common place (see any trial with a youth or a sexual offence in the Crown Court for example) the idea that someone could be arrested, charged and potentially imprisoned without anyone beyond the immediate players knowing about it was anathema to the English lawyer.’
Halsbury’s Law Exchange, 16th June 2014
Source: www.halsburyslawexchange.co.uk
‘A council’s charging policy for social care services has been found unlawful because it took account of capital derived from a claimant’s personal injury settlement.’
Local Government Lawyer, 19th June 2014
Source: www.localgovernmentlawyer.co.uk
‘A barrister who has led the way in analysing the impact of the Mitchell case has predicted that this week’s hearing of three “trivial breach” cases at the Court of Appeal could pave the way for “Mitchell-lite”.’
Litigation Futures, 19th June 2014
Source: www.litigationfutures.com
‘In a major speech on the future of law, the Lord Chief Justice said last night that “there has to be a single regulator” for the legal professions. Lord Thomas said he could not see any “practical” alternative, and he would be “very disappointed” if there was not a much simpler and cheaper system of regulation in 10 years’ time.’
Legal Futures, 20th June 2014
Source: www.legalfutures.co.uk
‘The aviation industry has suffered another court defeat after an appeal judge ruled claims can be made up to six years after a flight delay.’
Law Society’s Gazette, 20th June 2014
Source: www.lawgazette.co.uk
‘In anticipation of the Commons Home Affairs Select Committee’s report into FGM, Melanie Hepworth, Solicitor at Covent Garden Family Law, calls for greater awareness of the violence threatened to thousands of girls in the UK.’
Family Law Week, 18th June 2014
Source: www.familylawweek.co.uk
‘Legislation to rein in bad landlords and agents can leave tenants out of pocket.’
The Guardian, 19th June 2014
Source: www.guardian.co.uk
‘The chief inspector of borders has warned of increasing abuse of overseas “proxy marriages”, at which neither party is present at the ceremony, as a way to subvert British immigration rules.’
The Guardian, 19th June 2014
Source: www.guardian.co.uk
‘A pregnant French woman, who was denied benefits in the UK because she was not considered to be “a worker”, had been entitled to the payments, the European Court of Justice has ruled. Jessy Saint Prix gave up work as a teaching assistant and was denied income support. Non-UK residents are not entitled to the benefit – unless they have acquired the status of worker in EU law. The case now returns to the Supreme Court for a final ruling.’
The Guardian, 19th June 2014
Source: www.guardian.co.uk
‘The government’s handling of personal independence payments (Pips) has been “nothing short of a fiasco” that has caused distress to thousands of sick and disabled people, parliament’s public spending watchdog has found.’
The Guardian, 20th June 2014
Source: www.guardian.co.uk
‘The families of miners who drowned when 650,000 gallons of water flooded a mine want to know why the men were working near an area where water was suspected. Charles Breslin, 62, David Powell, 50, Philip Hill, 44, and Garry Jenkins, 39, died at the Gleision colliery when a controlled explosion let in the water. The mine’s manager and owners were cleared of manslaughter on Thursday.’
BBC News, 20th June 2014
Source: www.bbc.co.uk
‘Magistrates have found the former N-Dubz singer Dappy guilty of slapping a man outside a nightclub.’
BBC News, 19th June 2014
Source: www.bbc.co.uk
‘The death of a toddler could have been avoided if a West Midlands hospital had referred him to social services at an earlier date, a report has found.’
BBC News, 19th June 2014
Source: www.bbc.co.uk
‘As readers of this blog will know, the application of the Government’s criminal records scheme has been subject to extensive litigation of late (see further not least my post on an appeal involving a teacher and my post on an appeal involving a taxi-driver). Perhaps most importantly, in the case of T & Anor v Secretary of State for the Home Department, questions have been raised about whether the scheme as a whole is compatible with Convention rights and, in particular, the Article 8 right to privacy. Last year, the Court of Appeal concluded that the scheme was incompatible. In a judgment given yesterday, the majority of the Supreme Court has agreed with that conclusion (Lord Wilson dissenting).’
Panopticon, 19th June 2014
Source: www.panopticonblog.com
‘The spamming industry is a decidedly irritating but sadly almost unavoidable feature of our networked world. There is no question but that spamming (i.e. the sending of unsolicited direct marketing electronic communications) constitutes an unlawful invasion of our privacy (see further regs 22-23 of the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) (PECR), implemented under EU Directive 2002/21/EC). The question is what can be done to stop it, particularly given that individual citizens will typically not want to waste their time litigating over the odd spam email or text?’
Panopticon, 19th June 2014
Source: www.panopticonblog.com
‘The owners of a care home where staff were jailed after being caught on camera physically and verbally abusing a 89-year-old woman have finally agreed a compensation settlement with her family for allowing the ‘sickening’ treatment to happen.’
Legal Futures, 19th June 2014
Source: www.legalfutures.co.uk
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