Current Awareness – Page 2005 – Legal News selected by the Inner Temple Library

Software Patents – Lantana v The Comptroller – NIPC Law

Posted November 18th, 2014 in appeals, computer programs, intellectual property, news, patents by sally

‘Lantana Ltd. (“Lantana”) is a California company that offers communication cable services, telephone systems and services and computer and data network services mainly to customers in Southern California. One of the company’s employees invented a “method, systems, and computer program products for retrieving a file of machine readable data” for which Lantana applied for patents in the USA and around the world under the Patent Co-operation Treaty.’

NIPC Law, 17th November 2014

Source: www.nipclaw.blogspot.co.uk

Hundreds of GPs face urgent Care Quality Commission checks – Daily Telegraph

Posted November 18th, 2014 in doctors, news, quality assurance by sally

‘Almost 900 practices across Britain – more than one in 10 – deemed most likely to be failing patients by Care Quality Commission.’

Daily Telegraph, 17th November 2014

Source: www.telegraph.co.uk

A prisoner’s right to vote: straining European relations – Cloisters

Posted November 18th, 2014 in courts, elections, human rights, news, prisons by sally

‘In this article, I argue that there is an urgent need for a more rational approach to the debate about prisoners’ rights to vote – which has become an emotive issue in the United Kingdom. This is particularly so in light of the recent response from the United Kingdom government to ECtHR rulings, demonstrating an unparalleled defiance towards Strasbourg rulings. Due to this, the implications of the debate over prisoners’ voting rights extend beyond individuals, bringing into sharp focus a matter of broader significance to us all, namely the United Kingdom’s approach to democracy and human rights and its relationship with the European Court and the EU itself.’

Cloisters, 13th November 2014

Source: www.cloisters.com

When a system of inspection simply isn’t enough – Zenith PI Blog

Posted November 18th, 2014 in appeals, housing, local government, news, personal injuries by sally

‘The circumstances of the claim are as follows. The Claimant had been visiting her parents who had lived for some years in sheltered housing owned by the Defendant. The Claimant’s parents’ accommodation had a back entrance, which was approached by way of a tarmac path, beside which were an area of patchy grass. There was a difference in level between the path and the earth of approximately two and a half inches. At trial the Judge found that the edge of the path was clear and did not need to be marked. He accepted that the Claimant had stepped half on and half off the path which has caused her ankle to cockle and for her to fall.’

Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

Fortification Fortified: The Court Of Appeal’s Decision In EVP Ltd V Malabu Oil And Gas – Littleton Chambers

Posted November 18th, 2014 in appeals, damages, injunctions, news by sally

‘Grahame Anderson discusses the recent Court of Appeal decision in Energy Venture Partners Limited v Malabu Oil and Gas Limited [2014] EWCA Civ 1295 (9 October 2014).’

Littleton Chambers, 17th October 2014

Source: www.littletonchambers.com

Civil procedure: conduct and costs – Law Society’s Gazette

Posted November 18th, 2014 in arbitration, civil procedure rules, costs, news by sally

‘When the court comes to consider costs and to exercise its discretion under Civil Procedure Rule 44.2, it has regard to all the circumstances, including the conduct of the parties before as well as during the proceedings (CPR 44.2 (4) and (5)).’

Law Society’s Gazette, 17th November 2014

Source: www.lawgazette.co.uk

My Achy, Breaky Tenancy: Supreme Court rules it human rights-compatible for one tenant’s unilateral Notice to Quit to end a joint tenancy – Zenith Chambers

Posted November 18th, 2014 in appeals, housing, human rights, landlord & tenant, local government, news, notification, Supreme Court by sally

‘Something that can take some housing practitioners by surprise is a Notice to Quit served, not by a landlord on a tenant, but by a tenant on a landlord (sometimes referred to by housing officers as a “notice to terminate”).’

Zenith Chambers, 13th November 2014

Source: www.zenithchambers.co.uk

Sham marriage organiser jailed and bogus brides sentenced – BBC News

Posted November 18th, 2014 in fraud, marriage, news, sentencing by sally

‘A woman who arranged sham marriages in Wales to help non-EU nationals obtain visas has been jailed for two years and nine months.’

BBC News, 17th November 2014

Source: www.bbc.co.uk

Termination: The Pitfalls – Thirty Nine Essex Street

Posted November 18th, 2014 in construction industry, contracts, news by sally

‘Termination disputes are often very bitter, expensive and hard fought. They usually arise when there has been a complete breakdown in relationship between the employer and the contractor. If the party who believes that is is entitled to terminate the contract gets it wrong, it is very likely that its conduct will be regarded as repudiatory and the other party will be entitled to accept that breach and claim damages.’

Full story (PDF)

Thirty Nine Essex Street, October 2014

Source: www.39essex.com

Double trouble: Disaster can strike businesses twice – Hardwicke Chambers

Posted November 18th, 2014 in fire, insurance, news by sally

‘ASOS, the well-known online fashion retailer, was forced to suspend its website and stop taking orders after a fire at the firm’s distribution warehouse last month. It suffered the same fate when its former warehouse in Hemel Hempstead was damaged by the explosion at Buncefield oil depot in 2005. After that incident, the firm suspended its shares and had to refund 19,000 orders.’

Hardwicke Chambers, 16th October 2014

Source: www.hardwicke.co.uk

Errors, damn errors, and statistics: Ajilore v Hackney LBC – NearlyLegal

Posted November 18th, 2014 in appeals, homelessness, housing, local government, mental health, news, statistics, suicide by sally

‘With the Supreme Court set to look at priority need this December, Ajilore v Hackney [2014] EWCA Civ 1273 may prove to be a brief footnote in the evolution of the bloated Pereira test. But, at least for the next four weeks, it tells us something about the construction of the “ordinary homeless person” against which, post Johnson v Solihull [2013] EWCA Civ 752, applicants for homeless assistance are assessed.’

NearlyLegal, 16th November 2014

Source: www.nearlylegal.co.uk

Warring couples spend half a million pounds in legal fight over ‘muddy ditch’ – Daily Telegraph

Posted November 18th, 2014 in costs, news, rights of way by sally

‘Married couples spend £500,000 on venomous neighbours’ dispute about “thin strip” of drainage ditch alongside path dividing Cheshire country homes.’

Daily Telegraph, 17th November 2014

Source: www.telegraph.co.uk

Private Law Remedies in Environmental Law – Mouse or Lion? – Thirty Nine Essex Street

Posted November 18th, 2014 in environmental protection, human rights, news, nuisance, planning, pollution by sally

‘With statutory regulation covering an ever increasing area in Environmental Law, the question arises as to whether private law remedies have a meaningful role to play in that arena?’

Full story (PDF)

Thirty Nine Essex Street, September 2014

Source: www.39essex.com

SRA takes 550 days from first report to refer solicitors to disciplinary tribunal – Legal Futures

Posted November 18th, 2014 in delay, disciplinary procedures, news, solicitors, Solicitors Regulation Authority, statistics by sally

‘The time taken between serious misconduct being reported to the Solicitors Regulation Authority (SRA) and a referral to the Solicitors Disciplinary Tribunal (SDT) is 550 days, the regulator has revealed.’

Legal Futures, 18th November 2014

Source: www.legalfutures.co.uk

Constructing safety nets – Hardwicke Chambers

Posted November 18th, 2014 in construction industry, contracting out, guarantees, insolvency, news by sally

‘Notwithstanding the economic upturn, many UK contractors are still tendering for work at negative margins; sustaining losses; and arguably operating one major dispute away from the brink. This article examines the common forms of security used by employers to safeguard performance by contractors, and/or protect against insolvency, and considers the degree of comfort they afford.’

Hardwicke Chambers, 16th October 2014

Source: www.hardwicke.co.uk

An “appropriate deduction”: Whatever circumstances demand – Hardwicke Chambers

Posted November 18th, 2014 in construction industry, contracts, damages, interpretation, news by sally

‘This Article considers the TCC decision of Mul v Hutton Construction Limited [2014] EWHC 1797 (TCC), which provides authority on the meaning of an “appropriate deduction” in the JCT standard forms and the possible consequences of that decision for parties to such contracts.’

Hardwicke Chambers, 16th October 2014

Source: www.hardwicke.co.uk

The knotty problem of Fallopia Japonica – Hardwicke Chambers

Posted November 18th, 2014 in environmental protection, misrepresentation, news, nuisance, sale of land, waste by sally

‘Japanese Knotweed (Fallopia Japonica) was originally introduced to the UK in the 1850s as an ornamental plant and animal feed, but it has spread rapidly and estimates now suggest at least one infestation in every 10km2. Knotweed can grow 3 – 4m in a 10 week growing season, and as little as 0.7 grams of rhizome can produce a new plant within only 10 days. The rhizomes can spread to a depth of 3 metres, and 7 metres horizontally. This strong growth and invasive root system can damage concrete foundations, buildings, roads, paving and retaining walls. For good reason, therefore, Knotweed is described by the Environment Agency as “indisputably the UK’s most aggressive, destructive and invasive plant”.’

Hardwicke Chambers, 10th November 2014

Source: www.hardwicke.co.uk

Alleged extremist stripped of citizenship appeals to Supreme Court – BBC News

Posted November 18th, 2014 in appeals, citizenship, international law, news, Supreme Court, terrorism by sally

‘A Muslim convert, stripped of his British citizenship because of alleged extremism, is appealing to the Supreme Court that he has been left stateless.’

BBC News, 18th November 2014

Source: www.bbc.co.uk

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