Tribunal rejects call by FOI requester for names of legal advisors at care regulator – Local Government Lawyer

Posted November 5th, 2014 in care workers, disclosure, freedom of information, news, tribunals by sally

‘The First-tier Tribunal (FTT) has upheld the Care Quality Commission’s refusal to supply the names of individuals who provided it with legal advice on the de-registration of a care agency.’

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Local Government Lawyer, 5th November 2014

Source: www.localgovernmentlawyer.co.uk

Holiday pay: Who is affected – and how much could you be paid? – The Independent

Posted November 5th, 2014 in appeals, employment tribunals, minimum wage, news, trade unions by sally

‘Staff who regularly clock up overtime could now be able to claim additional pay for annual vacation leave.’

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The Independent, 4th November 2014

Source: www.independent.co.uk

Portsmouth tattooist inked 13-year-old girl – BBC News

Posted November 5th, 2014 in children, licensing, news, sentencing, victims by sally

‘An unlicensed tattooist who inked a 13-year-old girl has been given an eight-month suspended jail sentence.’

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BBC News, 4th November 2014

Source: www.bbc.co.uk

Court of Appeal applies rare 19th century tort in granting injunction – RPC Privacy Blog

Posted November 5th, 2014 in appeals, EC law, injunctions, mental health, news, publishing by sally

‘The Court of Appeal has granted an injunction against the publication of a well-known performing artist’s book to protect the rights of his son, not on the basis of misuse of private information but because publication would be likely to cause psychological harm to the son.’

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RPC Privacy Blog, 4th November 2014

Source: www.rpc.co.uk

Rooting out heresy – NearlyLegal

Posted November 5th, 2014 in appeals, landlord & tenant, leases, news, repairs by sally

This is a post about the consultation provisions in ss.20, 20ZA, Landlord and Tenant Act 1985, applicable in respect of service chargeable costs. If you’re not interested in long leasehold law (which, looking at the site stats for most popular pages, is most of you), then look away now.

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NearlyLegal, 5th November 2014

Source: www.nearlylegal.co.uk

Website blocking orders against ISPs – Cartier and 1967 – Technology Law Update

Posted November 5th, 2014 in injunctions, intellectual property, internet, news by sally

‘Two recent UK cases have underlined the vulnerability of internet service providers to allegations of IP infringement. ISPs can no longer says that they merely provide the roadways along which traffic, both good and bad, can pass. They are now being expected to police those roads and impede the progress of wrongdoers.’

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Technology Law Update, 5th November 2014

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

High Court judge refuses application by Treasury to lift automatic suspension – Local Government Lawyer

Posted November 5th, 2014 in children, contracts, delay, employment, news, parental rights, public interest, taxation by sally

‘A High Court judge has dismissed an application by the Treasury and two of its agencies to lift an automatic suspension under the Public Contracts Regulations 1996.’

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Local Government Lawyer, 5th November 2014

Source: www.localgovernmentlawyer.co.uk

Limitation: Constructive Knowledge re-visited. Howard Platt –v- BRB (Residuary) Limited [2014] EWCA Civ 1401 – Zenith PI Blog

Posted November 5th, 2014 in appeals, limitations, medical records, news, personal injuries by sally

‘On 15th October 2014, the Court of Appeal had cause to review the manner in which a claimant might find a claim statute barred by reason of constructive knowledge.’

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Zenith PI Blog, 5th November 2014

Source: www.zenithpi.wordpress.com

Google and Facebook have ‘social responsibilities’, says Ofcom chief – The Guardian

Posted November 5th, 2014 in bullying, internet, media, news, pornography, terrorism by sally

‘The chief executive of media regulator Ofcom has said technology companies such as Google and Facebook have “social responsibilities” and it is “absolutely right to ask what society should expect of those organisations”.’

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The Guardian, 4th November 2014

Source: www.guardian.co.uk

Will Cornick sentence disproportionate, say youth justice campaigners – The Guardian

Posted November 5th, 2014 in Crown Court, murder, news, rehabilitation, sentencing, young offenders by sally

‘Youth justice campaigners have voiced concerns over the 20-year minimum tariff given to the 16-year-old schoolboy who murdered teacher Ann Maguire.’

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The Guardian, 4th November 2014

Source: www.guardian.co.uk

Foetal alcohol syndrome compensation case goes before Court of Appeal – The Independent

Posted November 5th, 2014 in alcohol abuse, appeals, crime, news, pregnancy, women by sally

‘A six-year-old girl born with disabilities caused by her mother drinking while she was in the womb could be awarded criminal injuries compensation at a case being heard by the Court of Appeal tomorrow.’

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The Independent, 4th November 2014

Source: www.independent.co.uk

Jimmy Savile trust challenges victims’ compensation scheme – BBC News

Posted November 5th, 2014 in BBC, charities, compensation, news, personal injuries, sexual offences, victims by sally

‘A charitable trust has launched an Appeal Court challenge over the compensation scheme for people who say they were abused by Jimmy Savile.’

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BBC News, 4th November 2014

Source: www.bbc.co.uk

Law urgently needed to stop backdated holiday pay claims, employers urge – The Guardian

Posted November 4th, 2014 in appeals, employment, employment tribunals, holiday pay, news, working time by sally

‘Employers are urging the government to rush through emergency legislation to save thousands of companies from having to pay out hundreds of millions of pounds in backdated holiday pay to up to 5 million people.’

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The Guardian, 3rd November 2014

Source: www.guardian.co.uk

Family Drug and Alcohol Court: A Practitioners’ and Judge’s Perspectives – Family Law Week

Posted November 4th, 2014 in alcohol abuse, care orders, courts, drug abuse, family courts, news, rehabilitation by sally

‘Sarah Jennings & Esther Lieu, 3PB, with District Judge Julie Exton look at the Family Drug and Alcohol Court.’

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Family Law Week, 31st October 2014

Source: www.familylawweek.co.uk

Free mediation for more separating couples – Ministry of Justice

Posted November 4th, 2014 in arbitration, divorce, legal aid, news by sally

‘More separating couples will benefit from free mediation from 3 November, Simon Hughes has announced.’

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Ministry of Justice, 3rd November 2014

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

BAILII: Recent Decisions

Posted November 4th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Dart & Ors v R [2014] EWCA Crim 2158 (31 October 2014)

Court of Appeal (Civil Division)

Francis & Anor v Phillips & Anor & Ors [2014] EWCA Civ 1395 (31 October 2014)[

Redrow Homes Ltd, R (on the Application of) v Knowsley Metropolitan Borough Council [2014] EWCA Civ 1433 (31 October 2014)

Platt v BRB (Residuary) Ltd [2014] EWCA Civ 1401 (31 October 2014)

Secretary of State for Communities and Local Government v Ioannou [2014] EWCA Civ 1432 (31 October 2014)

Tchenguiz v Director of the Serious Fraud Office & Ors [2014] EWCA Civ 1409 (31 October 2014)

High Court (Queen’s Bench Division)

National Crime Agency v Azam & Ors (No. 2) [2014] EWHC 3573 (QB) (30 October 2014)

Eurasian Natural Resources Corporation Ltd v Judge [2014] EWHC 3556 (QB) (31 October 2014)

Mitchell v News Group Newspapers Ltd [2014] EWHC 3590 (QB) (31 October 2014)

High Court (Chancery Division)

JSC Mezhdunarodniy Promyshlenniy Bank & Anor v Pugachev & Ors [2014] EWHC 3547 (Ch) (30 October 2014)

Bacciottini & Anor v Goldsmith [2014] EWHC 3527 (Ch) (24 October 2014)

Edwards & Anor v Business Environment Ltd & Ors [2014] EWHC 3540 (Ch) (28 October 2014)

Source: www.bailii.org

Les Laboratoires Servier and another (Appellants) v Apotex Inc and Others (Respondents) – Supreme Court

Posted November 4th, 2014 in appeals, defences, ex turpi causa, law reports, medicines, patents, Supreme Court by sally

Les Laboratoires Servier and another (Appellants) v Apotex Inc and Others (Respondents) [2014] UKSC 55 (YouTube)

Supreme Court, 29th October 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Moseley (in substitution of Stirling) (AP) v London Borough of Haringey – Supreme Court

R (on the application of Moseley (in substitution of Stirling) (AP) (Appellant) v London Borough of Haringey (Respondent) [2014] UKSC 56 (YouTube)

Supreme Court, 29th October 2014

Source: www.youtube.com/user/UKSupremeCourt

‘Disabled’ bodybuilder Peter Beddoe jailed for fraud – BBC News

Posted November 4th, 2014 in fraud, news, sentencing, social security by sally

‘A former Mr Wales who falsely claimed £28,332 in disability benefits whilst competing in bodybuilding contests has been jailed for six months.’

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BBC News, 3rd November 2014

Source: www.bbc.co.uk

Permission to file a respondent’s notice out of time not prevented by Mitchell – The Barristers’ Hub

Posted November 4th, 2014 in appeals, civil procedure rules, news, sanctions, time limits by sally

‘The recent decision in the case of Altomart Limited v Salford Estates (No. 2) Limited [2014] EWCA Civ 1408 gave the Court of Appeal a further opportunity to revisit the issues raised in Mitchell v News Group Newspapers Ltd. It provided further indication of how the court is now more willing to grant relief from sanction where such refusal would lead to a potential injustice in the face of little prejudice being caused by the breach.’

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The Barristers’ Hub, 31st October 2014

Source: www.barristershub.co.uk