Morally questionable trade marks: why the US and Europe see things differently – Technology Law Update

Posted June 28th, 2017 in EC law, news, trade marks by sally

‘In a landmark ruling last week, the US Supreme Court held that the rule against disparaging trademarks in the Lanham Act is unconstitutional under the First Amendment right to free speech. The case concerned an application by a rock band to register “THE SLANTS” (widely used as a slang, derogatory term for people of Asian descent) as a US Federal trademark. The band, themselves Asian American, were making a point, reclaiming a word that had been used against them as an insult. They certainly gained themselves some publicity along the way.’

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Technology Law Update, 27th June 2017

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

Charlie Gard’s life support will be removed after his parents lose their final appeal – Daily Telegraph

Posted June 28th, 2017 in children, consent, hospitals, human rights, news, parental rights by sally

‘Terminally ill baby Charlie Gard will be allowed to die after his parents lost their final legal bid to take him to the USA for specialist treatment.’

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Daily Telegraph, 27th June 2017

Source: www.telegraph.co.uk

Hillsborough disaster: Charges decision due – BBC News

‘A decision on whether individuals and organisations will face criminal charges over the Hillsborough disaster will be announced later.’

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BBC News, 28th June 2017

Source: www.bbc.co.uk

New measures on violence against women to be put in domestic abuse bill – The Guardian

Posted June 28th, 2017 in bills, domestic violence, news, women by sally

‘New measures to protect women and girls from crimes committed overseas will be included in legislation on domestic abuse, the government has said.’

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The Guardian, 28th June 2017

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 27th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

AH (Jamaica) v Secretary of State for the Home Department [2017] EWCA Civ 796 (23 June 2017)

Scarisbrick, R (On the Application Of) v Secretary of State for Communities and Local Government [2017] EWCA Civ 787 (23 June 2017)

High Court (Commercial Court)

Blue v Ashley [2017] EWHC 1553 (Comm) (26 June 2017)

High Court (Family Division)

ND v SD & Ors [2017] EWHC 1507 (Fam) (21 June 2017)

GP (Wrongful Removal) [2017] EWHC 1480 (Fam) (20 June 2017)

Source: www.bailii.org

Winning Advocacy in the Employment Tribunal – UK Police Law Blog

Posted June 27th, 2017 in advocacy, employment tribunals, news, police, trials, tribunals by tracey

‘The David Hare screenplay for the recent film Denial contains the following advice to the client: “stay seated, button your lip, and win.” This article seeks to plot a path for advocates to winning in large scale discrimination claims in the employment tribunal, based on the writer’s long experience of the ET and, more recently, briefs to act for the respondents in two high stakes cases, AB -v- A Chief Constable[i] and Aubrey -v- The Chief Constable of Northumbria Police[ii]. The suggested lessons apply to all types of large-scale claim in the ET.’

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UK Police Law Blog, 27th June 2017

Source: ukpolicelawblog.com

Rule committee opts for straightforward approach to hot-tubbing – Litigation Futures

Posted June 27th, 2017 in civil procedure rules, expert witnesses, news by tracey

‘Concurrent expert evidence – known as hot-tubbing – should only be carried out in the “classic” manner where experts are sworn and give evidence at the same time, the Civil Procedure Rule Committee (CPRC) has decided.’

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Litigation Futures, 27th June 2017

Source: www.litigationfutures.com

Speech by the Lord Chief Justice: Law Reform Now in 21st Century Britain – Brexit and Beyond – Courts and Tribunals Judicairy

Posted June 27th, 2017 in EC law, judiciary, Law Commission, legislation, speeches, treaties by tracey

‘I have taken as the first part of the title of this lecture words with which Lord Scarman would have been very familiar: Law Reform Now – the three words which formed the title of the Gerald Gardiner and Andrew Martin book which contained their blueprint for what would become the Law Commission. As Sir Geoffrey Palmer QC, in the course of tracing the origins and huge success of the Law Commission in his 2015 Scarman Lecture, recalled, it started with a proposition; one they took to be axiomatic: “. . . that much of our English law is out of date, and some of it shockingly so.” They were not wrong.’

Full speech

Source: www.judiciary.gov.uk

BSB issues consultation on simplifying the Public and Licensed Access Rules – Bar Standards Board

Posted June 27th, 2017 in barristers, consultations, news by tracey

‘The Bar Standards Board (BSB) has today published a new consultation on potential changes to the rules governing the Public and Licensed Access schemes for barristers.’

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Bar Standards Board, 26th June 2017

Source: www.barstandardsboard.org.uk

Drawing the Line: case management and allegations of judicial bias in the family courts – Family Law Week

‘Jennifer Youngs and Vondez Phipps, pupil barristers at 42 Bedford Row, summarise the circumstances in which judicial conduct at a case management hearing might form the basis of an application for recusal, and provide guidance to practitioners as to the manner in which such an application might be made.’

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Family Law Week, 22nd June 2017

Source: www.familylawweek.co.uk

Man who fell asleep during gas mask sex game is jailed over tied-up partner’s death – Daily Telegraph

Posted June 27th, 2017 in drug abuse, homicide, negligence, news, sentencing by tracey

‘A man has been jailed for two years after he fell asleep during a drug-fuelled bondage sex game and left his tied-up partner to die with a gas mask around his face.’

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Daily Telegraph, 26th June 2017

Source: www.telegraph.co.uk

Mothers ‘an unseen force’ in ‘honour’ abuse – BBC News

‘Mothers are the “unseen force” behind so-called honour-based abuse, inflicting violence on their daughters, a study has found. Research by Rachael Aplin, a criminologist from Leeds Beckett University, said this was often unrecognised by police.’

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BBC News, 27th June 2017

Source: www.bbc.co.uk

Lord Carey quits Church of England role after report found he ‘colluded’ with sex abuse bishop – Daily Telegraph

Posted June 27th, 2017 in clergy, conspiracy, news, reports, sexual offences by tracey

‘George Carey, the former Archbishop of Canterbury, has resigned from his post in the Church of England over a report that said he was among senior figures who “colluded” with paedophile bishop Peter Ball.’

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Daily Telegraph, 26th June 2017

Source: www.telegraph.co.uk

British Sikh couple take legal action after being advised not to adopt – The Guardian

Posted June 27th, 2017 in adoption, news, race discrimination, Sikhism by tracey

‘A British Sikh couple are bringing a legal case, claiming they were advised by an adoption agency not to apply because of their “cultural heritage”.’

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The Guardian, 27th June 2017

Source: www.theguardian.com

Jeremy Hunt and NHS ‘delayed telling patients’ about mislaid confidential documents after private firm blunder – The Independent

Posted June 27th, 2017 in data protection, health, ministers' powers and duties, news, privacy, reports by tracey

‘Jeremy Hunt has been accused of leaving Parliament and patients in the dark after hundreds of thousands of pieces of confidential medical correspondence was discovered “languishing in a warehouse”. At least 1,700 patients may have been harmed by the major blunder, according to a new report into the incident from the National Audit Office (NAO).’

Full Story

The Independent, 27th June 2017

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted June 26th, 2017 in law reports by sally

Court of Appeal (Civil Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Queen’s Bench Division)

High Court (Technology and Construction Court)

Source: www.bailii.org

Solicitor who took client data to new firm without consent rebuked and fined – Legal Futures

‘A London solicitor who took confidential information from defunct London firm Davenport Lyons (DL) to his new employer without client consent has been rebuked and fined £2,000 by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 26th June 2017

Source: www.legalfutures.co.uk

Man who tried to import childlike sex doll to UK is jailed – The Guardian

‘A man who tried to import a childlike sex doll has been jailed in what is thought to be one of the first prosecutions of its kind in the UK.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

How do citizens’ rights affect Brexit negotiations? – The Guardian

‘Protections for 1.2m Britons on continent and 3.5m Europeans in UK should be easy to settle in theory, but there are obstacles.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

General Pharmaceutical Council guidance on religion, personal values & beliefs – Law & Religion UK

‘The General Pharmaceutical Council – the independent regulator for pharmacists, pharmacy technicians and pharmacy premises in Great Britain – has published In practice: Guidance on religion, personal values and beliefs.’

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Law & Religion UK, 24th June 2017

Source: www.lawandreligionuk.com