Phonepayplus Ltd v Ashraf and another – WLR Daily

Posted January 27th, 2015 in codes of practice, enforcement, fines, law reports, telecommunications, tribunals by sally

Phonepayplus Ltd v Ashraf and another [2014] EWHC 4303 (Ch); [2015] WLR (D) 16

‘OFCOM had the power to delegate to the relevant “enforcement authority” under section 120 of the Communications Act 2003 all powers of enforcement of the provisions of the Code of Practice under the Act. It was implicit in the code that the provisions in it for imposing sanctions upon premium rate service providers for breach of the code were subject to the limitations set out in section 123(2) of the Act.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Premature service of Claim Form – avoiding disaster – Zenith PI Blog

Posted January 27th, 2015 in appeals, case management, civil procedure rules, documents, news, service by sally

‘A problem frequently arises when, for one reason or another – most frequently the late arrival of the client in a solicitor’s office – the limitation period is nearly up, but one has not got the medical report or one has not got the materials needed for the drafting of the Particulars of Claim or indeed has grave doubts about whether the claim is viable, but plainly proceedings need to be commenced notwithstanding. In those circumstances, it is recognised as the best practice, following CPR 6.4(1)(b), to issue a claim form but to notify the court that the Claimant wishes to serve the Claim Form. If one does not do that, the court will serve the Claim Form automatically, whereas if you undertake to serve it yourself, you will have up to four months within which to serve the Claim Form. During that time, one can ensure that what needs to be done in order to present a coherent and correctly presented claim can be done.’

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Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

‘Innovation in the delivery of legal services’ report – LegalVoice

Posted January 27th, 2015 in law firms, legal services, news, reports, speeches by sally

‘Legal aid firms and advice agencies are being encouraged to embrace new technologies to survive in the post-LASPO world. A new report by LV director David Gilmore and Matthew Howgate, following on from the 2014 Innovation in the delivery of legal services conference, provides examples of what firms and not-for-profit agencies are doing to survive in the wake of the legal aid cuts. The authors conclude that it is ‘impossible to see the LASPO cuts as anything but an absolute disaster’. However, they argue that across the advice sector there are ‘strong ideas’ emerging.’

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LegalVoice, 26th January 2015

Source: www.legalvoice.org.uk

CAT power to issue cost-capped injunctions will improve competition law enforcement, says expert – OUT-LAW.com

Posted January 27th, 2015 in appeals, bills, competition, costs, injunctions, news, small businesses, tribunals by sally

‘FOCUS: Proposed changes to the workings of the Competition Appeals Tribunal (CAT) will make it more likely that competition law is enforced and will give some smaller companies a boost in pursuing competition claims.’

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OUT-LAW.com, 23rd January 2015

Source: www.out-law.com

EVENT: The Inner Temple – Gandhi: Constitutionalism and the Legacy of Non Viotent Direct Action in Sub-Saharan Africa

Posted January 27th, 2015 in Forthcoming events by sally

‘The theme for the 2015 Lecture Series is “Inner Templars who have Helped Change the World.”

Gandhi: Constitutionalism and the Legacy of Non Viotent Direct Action in Sub-Saharan Africa
Speaker: The Rt Hon The Lord Boateng.’

Date: 16th February 2015

Location: The Inner Temple

Charge: See website for details

More information can be found here.

Law Commission to codify sentencing procedure – Law Commission

Posted January 27th, 2015 in consultations, Law Commission, news, sentencing by sally

‘Modern sentencing procedure is complex, and the law that governs it is unclear and difficult to understand.’

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Law Commission, 26th January 2015

Source: www.lawcommission.justice.gov.uk

Abortion doctor will appear in court – Daily Telegraph

Posted January 27th, 2015 in abortion, doctors, news, private prosecutions, sex discrimination by sally

‘Telegraph investigation leads Christian campaigner to mount private prosecution against doctor accused of offering gender-based abortion.’

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Daily Telegraph, 26th January 2015

Source: www.telegraph.co.uk

Legal highs and prescription drugs face ban in English and Welsh prisons – The Guardian

Posted January 27th, 2015 in bills, drug abuse, medicines, news, prisons by sally

‘The justice secretary will be able to ban any legal drug inside prisons, including prescription drugs and “legal highs”, under a crackdown to start this week.’

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The Guardian, 26th January 2015

Source: www.guardian.co.uk

Applications to allow service of Claim Form by alternative method/place – Explain your “Good Reason” – Zenith PI Blog

Posted January 27th, 2015 in appeals, civil procedure rules, claims management, documents, news, service by sally

‘The principles to apply when considering whether to allow an application under 6.15 (service of the CF by alternative method or at an alternative place). The evidence in support must explain the failure to serve.’

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Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

David Hart QC: TTIP – more ‘foreign’ judges critising ‘our’ laws? – UK Human Rights Blog

Posted January 27th, 2015 in foreign companies, human rights, news, treaties, tribunals by sally

‘TTIP stands for the Transatlantic Trade and Investment Partnership, a proposed trade agreement between the US, the EU, and various members of the EU including the UK. A sober account of its history and scope was produced for the HoC debate (here), and a rather less polite view is here from George Monbiot. ‘

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UK Human Rights Blog, 23rd January 2015

Source: www.ukhumanrightsblog.com

Profession unites in opposition to “disastrous” court fee rises – Litigation Futures

Posted January 27th, 2015 in consultations, courts, fees, Law Society, news by sally

‘The Law Society has pledged to challenge the government’s decision to introduce enhanced court fees from April and said it will strenuously oppose more planned hikes.’

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Litigation Futures, 27th January 2015

Source: www.litigationfutures.com

Qualification criteria and allocations: An outlier? – NearlyLegal

Posted January 27th, 2015 in appeals, housing, local government, news, time limits by sally

‘In R(Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin), McCloskey J held the council’s allocation scheme valid in circumstances which, I must say, did not seem propitious to the council. The council’s new allocation scheme, which came in to force in September 2013, had a qualification criterion which required applicants to have a continuous residence for three years and, for those already registered, to have two and a half years. It was argued by the council that there was no “exceptional circumstances” get-out clause, because, apparently, the council “wanted clear rules that left no room for doubt about whether an individual qualified in the first place”. Now, like Ms Hillsden’s counsel (Jan Luba and Bethan Harris), I would have said that whole criterion was a real problem – indeed, our past notes on this precise issue have argued this too. So, fair play to Epping – how did they win? Will it survive an appeal?’

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NearlyLegal, 24th January 2015

Source: www.nearlylegal.co.uk

Finance & Divorce Update – Family Law Week

Posted January 27th, 2015 in appeals, divorce, financial provision, legal representation, news, periodical payments by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from December 2014.’

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Family Law Week, 23rd January 2015

Source: www.familylawweek.co.uk

Why Good Lawyers are such Bad Historians: the Case of Sir Edward Coke – The Inner Temple

Posted January 27th, 2015 in legal history, news, speeches by sally

Why Good Lawyers are such Bad Historians: the Case of Sir Edward Coke (PDF)

Dr George Garnett, University Oxford

The Inner Temple, 19th January 2015

Source: www.innertemple.org.uk

Mass surveillance is fundamental threat to human rights, says European report – The Guardian

Posted January 27th, 2015 in EC law, human rights, interception, investigatory powers, news, privacy, reports by sally

‘Europe’s top rights body has said mass surveillance practices are a fundamental threat to human rights and violate the right to privacy enshrined in European law.’

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The Guardian, 26th January 2015

Source: www.guardian.co.uk

Court of Appeal upholds Birss J in Rihanna’s Case – NIPC Law

Posted January 27th, 2015 in appeals, intellectual property, misrepresentation, news, trade marks by sally

‘In Fenty and Others v Arcadia Group Brands Ltd and another [2013] EWHC 2310 (Ch), [2013] WLR(D) 310 Mr Justice Birss gave judgment to Robyn Rihanna Fenty (better known as Rihanna) and her corporate licensing companies against Top Shop for selling a t-shirt that reproduced a photo of the singer. The claim was brought not for infringement of copyright since the owner of the copyright in the photograph had licensed the reproduction of his work but for passing off. Rihanna and her companies had claimed that the t-shirt misrepresented authorization or approval of the manufacture and distribution of the garments and that such misrepresentation damaged her commercial activities. I wrote about the case in Passing off – Fenty v Topshop 10 Sept 2013 and readers are referred to that note for an appreciation of the judgment.’

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NIPC Law, 24th January 2015

Source: www.nipclaw.blogspot.co.uk

Prince Andrew: the legal issues – Halsbury’s Law Exchange

Posted January 27th, 2015 in immunity, news, royal family, treaties, witnesses by sally

‘If the UK press love a sex scandal and a good royal story, imagine what you get when you put the two together. This month the news broke that victims of Jeffrey Epstein, an American paedophile, were attempting to sue Prince Andrew alleging, amongst other things, that she was coerced into having sex with him when she was 17.’

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Halsbury’s Law Exchange, 26th January 2015

Source: www.halsburyslawexchange.co.uk

Julian Cole family hit out at IPCC over police brutality allegations – The Guardian

Posted January 27th, 2015 in assault, complaints, crime, families, misfeasance in public office, news, police, public order by sally

‘The family of a 21-year-old athlete left with a broken neck after he was detained by police 20 months ago have spoken publicly for the first time, complaining they are no clearer about what happened.’

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The Guardian, 26th January 2015

Source: www.guardian.co.uk

Modified Universalism – Privy to Singular Clarification – RPC Commercial Disputes Blog

Posted January 27th, 2015 in Hong Kong, insolvency, liquidators, news, privacy, winding up by sally

‘While most jurisdictions provide liquidators with wide investigative powers to locate and realise assets locally, the exercise of such powers becomes more complicated when the assets are situated overseas. As more and more businesses expand globally and corporate structures become equally more complex, the liquidators’ task becomes more problematic in winding up such companies.’

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RPC Commercial Disputes Blog,

Source: www.rpc.co.uk

English pubs deemed important to communities to be protected by law – The Guardian

Posted January 27th, 2015 in licensed premises, news, planning, public interest, regulations by sally

‘Pubs in England listed as important by communities will not be demolished or have their use changed without planning permission under proposed legislation.’

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The Guardian, 26th January 2015

Source: www.guardian.co.uk