The Defamation Act 2013: reflections and reforms – OUP Blog

Posted April 14th, 2014 in anonymity, defamation, freedom of expression, internet, media, news by sally

‘How can a society balance both the freedom of expression, including the freedom of the press, with the individual’s right to reputation? Defamation law seeks to address precisely this delicate equation. Especially in the age of the internet, where it is possible to publish immediately and anonymously, these concerns have become even more pressing and complex. The Defamation Act 2013 has introduced some of the most important changes to this area in recent times, including the defence for honest opinion, new internet-specific reforms protecting internet publishers, and attempts to curb an industry of “libel tourism” in the U.K.’

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OUP Blog, 14th April 2014

Source: www.blog.oup.com

Attorney General’s concern over ‘unworkable’ cases – Daily Telegraph

Posted April 14th, 2014 in attorney general, criminal procedure, Crown Prosecution Service, news, prosecutions, sexual offences by sally

‘Attorney General Dominic Grieve to review Crown Prosecution Service’s procedure following Nigel Evans’ failed prosecution.;

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Daily Telegraph, 13th April 2014

Source: www.telegraph.co.uk

Graham Gee: The Lord Chief Justice and Section 5 of the Constitutional Reform Act – UK Constitutional Law Association

Posted April 14th, 2014 in constitutional reform, judiciary, news, parliament by sally

‘The Constitutional Reform Act redrew relationships between the senior judiciary and Parliament in a number of ways. Amongst the most significant was removing the right of the LCJ to speak in the Lords. Earlier this month, the new LCJ Lord Thomas repeated the lament of his immediate predecessors that it was a mistake to deprive the LCJ of the right to address Parliament on the floor of the House on important matters relating to the administration of justice. In this context, some have read the LCJ’s suggestion of a new approach to s5 of the CRA as significant. Drawing on interviews conducted between 2011-13 as part of an AHRC-funded project on The Politics of Judicial Independence, I want to shed some light on tensions that have arisen about the use of s5.’

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UK Constitutional Law Association, 14th April 2014

Source: www.ukconstitutionallaw.org

Backlog in coroners’ courts: Bereaved families wait up to seven years for inquests – The Independent

Posted April 14th, 2014 in bereavement, coroners, courts, delay, inquests, news by sally

‘A new standards code calls for investigations to be completed within six months.’

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The Independent, 13th April 2014

Source: www.independent.co.uk

Disrepair: La luta continua! – NearlyLegal

Posted April 14th, 2014 in children, costs, damages, fees, landlord & tenant, legal aid, news, rent, repairs by sally

‘2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).’

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NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

Jasvir Ginday jailed for life for murdering wife to hide his sexuality – BBC News

Posted April 14th, 2014 in domestic violence, homosexuality, married persons, murder, news, sentencing by sally

A bank worker has been jailed for life for murdering his wife in a bid to stop her revealing his homosexuality.

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BBC News, 11th April 2014

Source: www.bbc.co.uk

CPS defends decision to bring assault and rape charges against Nigel Evans – The Guardian

Posted April 14th, 2014 in assault, complaints, Crown Prosecution Service, news, prosecutions, rape, sexual offences, victims by sally

‘The director of public prosecutions has defended the decision to bring sex assault and rape charges against Tory MP Nigel Evans by saying it would do the same again, despite a warning from its former director Lord Macdonald that it must not “lose perspective” over high-profile cases involving historic allegations.’

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The Guardian, 11th April 2014

Source: www.guardian.co.uk

Chagossians update – UK Human Rights Blog

Posted April 14th, 2014 in appeals, Chagos Islands, disclosure, EC law, environmental protection, fisheries, indigenous peoples, news by sally

‘The appeal is against the decision of the Divisional Court in Bancoult v. FCO (read judgment and see my post here). Mr Bancoult had said that the decision to create the MPA was flawed by having an improper purpose (to stymie the Chagossians’ claims for resettlement), by inadequate consultation, and being a breach of an EU obligation to promote the economic and social development of the islands. The Court ruled against all these claims.’

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UK Human Rights Blog, 11th April 2014

Source: www.ukhumanrightsblog.com

Supermarket staff could win millions in equal pay cases – The Guardian

Posted April 14th, 2014 in compensation, employment, equality, news, remuneration, women by sally

‘Supermarkets may have to pay millions of pounds in higher wages and back pay to store staff, mainly women, if test cases for equal pay being brought by 400 workers are successful.’

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The Guardian, 11th April 2014

Source: www.guardian.co.uk

Sharif Demirsay murder: Three teens given life sentences – BBC News

Posted April 14th, 2014 in burglary, intimidation, murder, news, sentencing, witnesses, young offenders by sally

‘Three teenagers have been given life sentences for murdering a grandfather in a gold and cash raid.’

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BBC News, 11th April 2014

Source: www.bbc.co.uk

Roller skater handed prison sentence for being towed down road at 70mph – Daily Telegraph

Posted April 14th, 2014 in aiding and abetting, assault, dangerous driving, news, sentencing, suspended sentences, video recordings by sally

‘A man is handed a prison sentence for aiding and abetting dangerous driving after police discovered a video of him being towed along a road at 70mph on roller skates.’

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Daily Telegraph, 11th April 2014

Source: www.telegraph.co.uk

Early Compliance – NearlyLegal

Posted April 14th, 2014 in appeals, deposits, judicial review, landlord & tenant, news, repossession by sally

‘This is a slightly surprising case involving a judicial review of refusal of permission to appeal.’

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NearlyLegal, 11th April 2014

Source: www.nearlylegal.co.uk

Finance and Divorce Update – Family Law Week

Posted April 11th, 2014 in divorce, financial provision, money laundering, news, pensions by sally

‘Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in March.’

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Family Law Week, 11th April 2014

Source: www.familylawweek.co.uk

Closed Material – London Review of Books

Posted April 11th, 2014 in closed material, deportation, human rights, intelligence services, news, terrorism by sally

‘Nicholas Phillips on the problems posed by the use of secret evidence.’

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London Review of Books, 17th April 2014

Source: www.lrb.co.uk

BAILII: Recent Decisions

Posted April 11th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Pershad, R. v [2014] EWCA Crim 692 (10 April 2014)

Court of Appeal (Civil Division)

Valilas v Januzaj [2014] EWCA Civ 436 (08 April 2014)

Lewis v Lewis [2014] EWCA Civ 412 (08 April 2014)

G (A Child) [2014] EWCA Civ 432 (08 April 2014)

NYK Bulkship (Atlantic) N.V. v Cargill International S.A. [2014] EWCA Civ 403 (08 April 2014)

Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 408 (10 April 2014)

Asset Land Investment Plc & Anor v The Financial Conduct Authority (FCA) [2014] EWCA Civ 435 (10 April 2014)

High Court (Queen’s Bench Division)

JC & Anor v The Central Criminal Court [2014] EWHC 1041 (QB) (08 April 2014)

Farrugia v Burtenshaw & Ors [2014] EWHC 1036 (QB) (08 April 2014)

Love v Halfords Ltd [2014] EWHC 1057 (08 April 2014)

Medical Supplies And Services International Ltd vAcies Engineering Ltd & Anor [2014] EWHC 1032 (QB) (07 April 2014)

High Court (Chancery Division)

McTear & Anor v Engelhard & Ors [2014] EWHC 1056 (Ch) (10 April 2014)

E.Surv Ltd v Goldsmith Williams Solicitors [2014] EWHC 1104 (Ch) (10 April 2014)

Kershaw v Roberts (Representative of the Estate of Jones) & Anor [2014] EWHC 1037 (Ch) (10 April 2014)

Stemcor (SEA) Pte Ltd & Anor, Re [2014] EWHC 1096 (Ch) (10 April 2014)

High Court (Administrative Court)

Ashton, R. v [2014] EWHC 974 (Admin) (08 April 2014)

Tummond, R (on the application of) v Reading County Court & Anor [2014] EWHC 1039 (Admin) (10 April 2014)

Manzarpour, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1086 (Admin) (10 April 2014)

AB & Anor, R (On the Application Of) v Huddersfield Magistrates’ Court & Anor [2014] EWHC 1089 (Admin) (10 April 2014)

High Court (Family Division)

An NHS Foundation Trust v Ab [2014] EWHC 1031 (Fam) (04 April 2014)

A & B v P Council [2014] EWHC 1128 (Fam) (21 March 2014)

Surrey County Council v AB & Ors [2014] EWHC 1115 (Fam) (21 March 2014)

MB v GK [2014] EWHC 1122 (Fam) (03 April 2014)

Y (A Child: Private Law: Interim Change of Residence) [2014] EWHC 1068 (Fam) (02 April 2014)

JP v NP [2014] EWHC 1101 (Fam) (09 April 2014)

High Court (Commercial Court)

United States of America (USA) v Abacha & Ors [2014] EWHC 993 (Comm) (08 April 2014)

Barclays Bank Plc v Svizera Holdings BV & Anor [2014] EWHC 1020 (Comm) (08 April 2014)

Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 1102 (Comm) (11 April 2014)

Moran Yacht & Ship Inc v Pisarev & Anor Re 4YOU [2014] EWHC 1098 (Comm) (10 April 2014)

T&L Sugars Ltd v Tate & Lyle Industries Led [2014] EWHC 1066 (Comm) (10 April 2014)

High Court (Patents Court)

Hospira UK Ltd v Genentech Inc [2014] EWHC 1094 (Pat) (10 April 2014)

High Court (Technology and Construction Court)

Laker Vent Engineering Ltd (“Laker”) v Jacobs E&C Ltd (“Jacobs”) [2014] EWHC 1058 (TCC) (08 April 2014)

Source: www.bailii.org

“Please Sir I Want Some More” – Family Law Week

Posted April 11th, 2014 in divorce, foreign jurisdictions, injunctions, news by sally

‘Sarah Lucy Cooper, barrister of Thomas More Chambers, examines the law on anti-suit injunctions and their role in financial remedies cases where one party seeks to pursue claims in another jurisdiction despite a final order having been made in this jurisdiction.’

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Family Law Week, 9th April 2014

Source: www.familylawweek.co.uk

Equitable Interests in Patents and Patent Applications – NIPC Law

Posted April 11th, 2014 in constructive trusts, equity, news, patents by sally

‘In Yeda Research and Development Company Ltd v. Rhone-Poulenc Rorer International Holdings Inc and Others [2007] Bus LR 1796, [2007] BusLR 1796, [2008] 1 All ER 425, [2007] UKHL 43 Lord Hoffmann described s.7 (2) and (3) of the Patents Act 1977 as “an exhaustive code for determining who is entitled to the grant of a patent.”‘

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NIPC Law, 10th April 2014

Source: www.nipclaw.blogspot.co.uk

Small claims courts ‘failing the public’ – Daily Telegraph

Posted April 11th, 2014 in costs, delay, news, small claims by sally

‘Increasing costs and lengthy delays before hearings are causing people to shun small claims courts.’

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Daily Telegraph, 11th April 2014

Source: www.telegraph.co.uk

Irascible does not mean incapable – Court of Protection – UK Human Rights Blog

Posted April 11th, 2014 in community care, medical treatment, news by sally

‘This was a case about determination of mental capacity, which both judge and counsel described as “particularly difficult and finely balanced”. The judge was confronted with a great deal of conflicting evidence about the capabilities of the individual in question, but concluded in the end that’

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UK Human Rights Blog, 10th April 2014

Source: www.ukhumanrightsblog.com

CoA dismisses silk VAT appeal but criticises judge’s handling of the case – The Lawyer

Posted April 11th, 2014 in appeals, barristers, judges, news, tax evasion, VAT by sally

‘A senior criminal judge has been criticised over his handling of a trial last year, which led to the conviction of former 39 Essex Street barrister Rohan Pershad QC.’

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The Lawyer, 10th April 2014

Source: www.thelawyer.com