Government on Trial – BBC Law in Action

‘The Appeal Court has allowed a Libyan man to proceed with legal action against the British government, despite the government’s claim that the case could damage relations with the United States. Joshua Rozenberg discusses the implications.’

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BBC Law in Action, 4th November 2014

Source: www.bbc.co.uk

‘You Can’t Always Get What You Want’ – The Defence of ‘Reasonable Practicability’ in a Claim for Breach of the Workplace Regulations – Zenith PI Blog

‘Whilst the caselaw suggests that a defence of ‘reasonable practicability’ in an employers liability claim will often be difficult for a Defendant to make out, a recent High Court decision is a reminder that such a defence can succeed in appropriate circumstances.’

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Zenith PI Blog, 6th November 2014

Source: www.zenithpi.wordpress.com

Major report calls for quotas to increase diversity at top of judiciary – Litigation Futures

Posted November 6th, 2014 in consultations, diversity, judiciary, news, part-time work, reports by sally

‘A quota system should be introduced to address the under-representation of women and ethnic minority judges, a major independent report commissioned by the Labour Party has recommended.’

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Litigation Futures, 6th November 2014

Source: www.litigationfutures.com

Unhappy father must stop ‘snide remarks’ about ex-partner’s lesbian lover, judge rules – Daily Telegraph

Posted November 6th, 2014 in contact orders, families, news by sally

‘Mrs Justice Pauffley suggested the man and his ex-partner should talk about the ‘distress, unhappiness, mistrust and bitterness’ rather than sniping at each other.’

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Daily Telegraph, 5th November 2014

Source: www.telegraph.co.uk

Letting in a chink of light to closed material cases : Bank Mellat again – UK Human Rights Blog

Posted November 6th, 2014 in banking, closed material, disclosure, human rights, news, setting aside by sally

‘Fireworks here from Collins J in making sure that Bank Mellat got some disclosure of information in its fight to discharge a financial restriction order against it.’

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UK Human Rights Blog, 5th November 2014

Source: www.ukhumanrightsblog.com

Mirfin v Secretary of State for Energy and Climate Change: Manchester County Court’s application of the Mesothelioma Claims Practice Direction to “non-mesothelioma” cases – Zenith PI Blog

Posted November 6th, 2014 in asbestos, compensation, courts, news, practice directions by sally

‘The Manchester County Court’s designated District Judges for Cancer Asbestos and Terminal Illness (“CAT”) cases apply from the outset the Mesothelioma Claims Practice Direction to all asbestos-related claims, irrespective of whether they involve mesothelioma: and this appeal judgment supports this practice.’

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Zenith PI Blog, 5th November 2014

Source: www.zenithpi.wordpress.com

BSkyB sport channels can air on rival BT service, court says – BBC News

Posted November 6th, 2014 in competition, evidence, media, news, sport, tribunals by sally

‘A UK court has ruled that pay TV broadcaster BSkyB must make its Sky Sports 1 and 2 channels available on rival BT’s YouView service.’

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BBC News, 5th November 2014

Source: www.bbc.co.uk

Supreme Court backs law firm in breach of trust dispute – Legal Futures

Posted November 6th, 2014 in appeals, breach of trust, damages, law firms, news, Supreme Court by sally

‘The Supreme Court has backed a law firm’s arguments that, following a breach of trust, it should have to pay in damages only the amount which the lender involved would have lost if the breach had not occurred.’

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Legal Futures, 6th November 2014

Source: www.legalfutures.co.uk

Page 3 model ad banned for being ‘sexist and objectifiying women’ – Daily Telegraph

Posted November 6th, 2014 in advertising, gambling, media, news, sex discrimination by sally

‘The newspaper advert, which offered a date with a Page 3 model as a prize, has been criticised by the Advertising Standards Authority.’

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Daily Telegraph, 5th November 2014

Source: www.telegraph.co.uk

European Arrest Warrant: Judges urge UK support – BBC News

Posted November 6th, 2014 in EC law, extradition, judges, legal profession, news, warrants by sally

‘The UK risks becoming a “safe haven” for foreign criminals if it votes to opt out of the European Arrest Warrant (EAW) system, senior judges have said.’

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BBC News, 6th November 2014

Source: www.bbc.co.uk

IPO explains how government will resolve complaints about rights holder technical restrictions on lawful copying – OUT-LAW.com

Posted November 6th, 2014 in complaints, copyright, education, intellectual property, news, universities by sally

‘Universities, research bodies and other organisations that want to benefit from “an eligible copyright exception” but are prevented from doing so because the works they wish to copy are subject to technological protection measures (TPMs) can now raise a complaint with the UK government.’

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OUT-LAW.com, 5th November 2014

Source: www.out-law.com

The Dickens Dossier: Secret file on establishment paedophiles may be opened – The Independent

Posted November 6th, 2014 in child abuse, disclosure, documents, inquiries, news, sexual offences by sally

‘A secret file which is said to contain the names of paedophiles with links to the British establishment and which is rumoured to be locked away in archives at the University of Oxford’s Bodleian Library, could be made public as part of the Government’s child abuse inquiry.’

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The Independent, 5th November 2014

Source: www.independent.co.uk

Nottingham dog owner banned after pet attacked woman – BBC News

Posted November 6th, 2014 in animals, compensation, dogs, news, sentencing, supervision orders, suspended sentences by sally

‘A woman has been banned from owning animals for life after her dog mauled her pregnant friend, tearing off part of her lip and almost killing her.’

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BBC News, 5th November 2014

Source: www.bbc.co.uk

Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) – Supreme Court

Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) [2014] UKSC 57 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

VB (Appellant) v Westminster Magistrates’ Court (Respondent); EN (Appellant) v Westminster Magistrates’ Court (Respondent); CM (Appellant) v Westminster Magistrates’ Court (Respondent); CU (Appellant) v Westminster Magistrates’ Court (Respondent) – Supreme Court

VB (Appellant) v Westminster Magistrates’ Court (Respondent); EN (Appellant) v Westminster Magistrates’ Court (Respondent); CM (Appellant) v Westminster Magistrates’ Court (Respondent); CU (Appellant) v Westminster Magistrates’ Court (Respondent) [2014] UKSC 59 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) – Supreme Court

Posted November 5th, 2014 in breach of trust, compensation, law reports, loans, mortgages, solicitors, Supreme Court by sally

AIB Group (UK) Plc (Appellant) v Mark Redler & Co Solicitors (Respondent) [2014] UKSC 58 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Inquiries as to Damages in the Patents County Court: Henderson v All Around the World Recordings Ltd – NIPC Law

Posted November 5th, 2014 in copyright, damages, fees, inquiries, intellectual property, news by sally

‘I last discussed this litigation in Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd 4 May 2013. I set out the basic facts in my case note:

“This was an action for infringement of a performer’s rights which Judge Birss QC (as he then was) decided in Henderson v All Around the World Recordings Ltd and Another [2013] EWPCC 7 (13 Feb 2013)……. She had not been entirely successful and the costs of an unsuccessful copyright claim and half the costs of an application were awarded against her but she had succeeded overall.”‘

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NIPC Law, 5th November 2014

Source: www.nipclaw.blogspot.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 5th, 2014 in legislation by sally

The Care and Support (Direct Payments) Regulations 2014

The Care and Support (Deferred Payment) Regulations 2014

The REACH Enforcement (Amendment) Regulations 2014

The School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) (Amendment) Regulations 2014

The Judicial Appointments (Amendment) Order 2014

The Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2014

The Care and Support (Cross-border Placements) (Business Failure Duties of Scottish Local Authorities) Regulations 2014

The Care and Support (Personal Budget: Exclusion of Costs) Regulations 2014

The Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014

The Drug Driving (Specified Limits) (England and Wales) Regulations 2014

The Finance Act 2014, Section 32 (Film Tax Relief) (Appointed Day) Order 2014

The Tax Credits, Child Benefit and Guardian’s Allowance Appeals (Appointed Day) (Northern Ireland) Order 2014

The Central Securities Depositories Regulations 2014

Source: www.legislation.gov.uk

Robbie Powell: CPS to review schoolboy’s death 24 years ago – BBC News

Posted November 5th, 2014 in children, Crown Prosecution Service, health, inquiries, news by sally

‘The death of a schoolboy 24 years ago from a treatable condition is to be reinvestigated by the Crown Prosecution Service.’

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BBC News, 4th November 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 5th, 2014 in law reports by sally

High Court (Administrative Court)

Fletcher & Ors v Governor of HMP Whatton & Anor [2014] EWHC 3586 (Admin) (03 November 2014)

Moussaoui v Secretary of State for the Home Department [2014] EWHC 3596 (Admin) (03 November 2014)

Eze (Ezeugo) & Anor v Health and Safety Executive [2014] EWHC 3474 (Admin) (31 October 2014)

Jasinarachchi v General Medical Council [2014] EWHC 3570 (Admin) (31 October 2014)

Thomas, R (on the Application of) v The Secretary of State for Justice [2014] EWHC 3569 (Admin) (31 October 2014)

Moore & Ors v Secretary of State for Communities and Local Government & Ors [2014] EWHC 3592 (Admin) (31 October 2014)

CM, R (on the Application of) v Kingston-Upon-Thames County Court & Anor [2014] EWHC 3600 (Admin) (30 October 2014)

East Meon Forge and Cricket Ground Protection Association, R (on the Application of) v East Hampshire District Council & Ors [2014] EWHC 3543 (Admin) (31 October 2014)

Yam, R (on the Application of) v Central Criminal Court & Anor [2014] EWHC 3558 (Admin) (31 October 2014)

High Court (Family Division)

G (A Minor) [2014] EWHC 3541 (Fam) (24 October 2014)

Chai v Peng [2014] EWHC 3518 (Fam) (17 October 2014)

London Borough of Lambeth v JO & Ors [2014] EWHC 3597 (Fam) (31 October 2014)

Family Court Decisions (High Court Judges)

D (A Child) [2014] EWFC 39 (31 October 2014)

London Borough of Islington v R [2014] EWFC 41 (Fam) (29 October 2014)

A And B (Children: Brussels II Revised: Article 15) V [2014] EWFC 40 (23 October 2014)

H (A Child – Breach of Convention Rights – Damages) [2014] EWFC 38 (29 October 2014)

V (Children – Identification of Perpetrator) [2014] EWFC B145 (28 October 2014)

Source: www.bailii.org