‘Sexually motivated’ doctor Srinivas Yenugula struck off – BBC News
‘A doctor whose treatment of some female patients was ruled to be sexually motivated has been struck off the medical register.’
BBC News, 7th March 2014
Source: www.bbc.co.uk
“The Only Girl in the World”: the Rihanna judgment and the protection of ‘image rights’ in English law – Sports Law Bulletin from Blackstone Chambers
‘Despite the evident commercial value in the ‘image’ of modern sports personalities (indeed there are annual awards held by the BBC to identify the most noteworthy) there is no specific right to protect one’s image under English law. Relying on a cocktail of different causes of action and legal rights, English law offers some protections to a person whose ‘image’ is exploited for commercial reasons. The ingredients include: copyright and trademarks, the torts of defamation, breach of confidence, passing-off as well potentially through statutory rules ensuring data protection.’
Sports Law Bulletin from Blackstone Chambers, 7th March 2014
Source: www.sportslawbulletin.org
Jessemy v Rowstock Ltd: post-termination victimisation and the limits of judicial reasoning – Employment Law Blog
‘Harini Iyengar explains the Court of Appeal’s conclusion in Jessemy v Rowstock Ltd [2014] EWCA Civ 185 that victimisation of former employees remains unlawful even though “on any natural reading of the relevant provisions of the [Equality Act 2010], taken on their own and without reference to any contextual material, post-termination victimisation is not proscribed”.’
Employment Law Blog, 7th March 2014
Source: www.employment11kbw.com
Non-payment of TV licence fee may be taken out of criminal law – The Guardian
‘Plans to decriminalise the non-payment of the TV licence fee are being considered by government departments in a move designed to ease pressure on the courts, but which could have major repercussions for the BBC.’
The Guardian, 8th March 2014
Source: www.guardian.co.uk
Man caught on video ‘performing sex act on dog’ escapes jail time – The Indepedent
‘A man who filmed himself having sex with his girlfriend’s dog has avoided jail time.’
The Independent, 6th March 2014
Source: www.independent.co.uk
Abortion provider BPAS fined £200,000 for data breach – BBC News
‘An abortion provider has been fined £200,000 for a data breach that revealed almost 10,000 people’s details to a hacker.’
BBC News, 7th March 2014
Source: www.bbc.co.uk
Norfolk former headmaster admits sex abuse of eight boys – BBC News
‘The headmaster of a former Norfolk boarding school has been warned he could face a life sentence after admitting sex offences.’
BBC News, 7th March 2014
Source: www.bbc.co.uk
Strasbourg on Mormons and their temples – UK Human Rights Blog
‘The Church of Jesus Christ of Latter-Day Saints v. the United Kingdom, ECHR, 4 March 2014. An apparently dry dispute about business rates on one of the Mormons’ temples in Preston has reached Strasbourg and raises interesting issues about indirect discrimination on religious grounds. The underlying question was whether the temple was a place of “public religious worship” and therefore exempt from rates.’
UK Human Rights Blog, 5th March 2014
Source: www.ukhumanrightsblog.com
Meg Russell: The Byles/Steel bill – unless amended – holds grave dangers for the Lords – UK Constitutional Law Association
‘On Friday 28 February Dan Byles’ Private Member’s Bill on Lords reform completed its Commons passage. It is now in the Lords, and will be sponsored by David Steel. The bill, which allows retirement from the Lords and expulsion of non-attendees and serious criminals, has been presented as a small, uncontroversial “housekeeping” measure. But as already argued in an earlier blog post, as currently drafted it would in fact introduce a very major change that would alter the Lords fundamentally, and in very undesirable ways.’
UK Constitutional Law Association, 6th March 2014
Source: www.ukconstitutionallaw.org/blog
Watchdog seeks greater clarity over public sector suppliers’ FOI responsibilities – OUT-LAW.com
‘The contracts agreed between public sector bodies and their suppliers should be “more explicit” about which one of the organisations holds information for the purposes of compliance with freedom of information (FOI) rules, the UK’s Information Commissioner’s Office (ICO) has said.’
OUT-LAW.com, 6th March 2014
Source: www.out-law.com
Abortion counselling – why statutory regulation is needed – Halsbury’s Law Exchange
‘Abortion is an emotive subject, regardless of political persuasion. It is one of the few issues that genuinely has the ability to polarise opinion, with neither side likely to be persuaded to the other’s point of view.’
Halsbury’s Law Exchange, 6th March 2014
Source: www.halsburyslawexchange.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Ukraine (European Union Financial Sanctions) Regulations 2014
The Scottish Parliament (Constituencies and Regions) Order 2014
The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2014
The Ukraine (Sanctions) (Overseas Territories) Order 2014
The Taxes (Interest Rate) (Amendment) Regulations 2014
The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) (Amendment) Regulations 2014
The Income and Corporation Taxes (Electronic Communications)(Amendment) Regulations 2014
The Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2014
The National Savings Bank (Investment Deposits) (Limits) (Amendment) Order 2014
The Judicial Pensions (Contributions) (Amendment) Regulations 2014
The Civil Procedure (Amendment No.2) Rules 2014
The Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc.) (Amendment) Regulations 2014
The Other Fuel Substitutes (Rates of Excise Duty etc.) (Amendment) Order 2014
The HIV Testing Kits and Services (Revocation) (England) Regulations 2014
The Firefighters’ Compensation Scheme (England) (Amendment) Order 2014
The Firefighters’ Pension Scheme (Amendment) (England) Order 2014
The Firefighters’ Pension Scheme (England) (Amendment) Order 2014
The Seeds and Vegetable Plant Material (Nomenclature Changes) Regulations 2014
Source: www.legislation.gov.uk
Backaldrin Österreich The Kornspitz Co GmbH v Pfahnl Backmittel GmbH – WLR Daily
‘Under article 12(2)(a) of Parliament and Council Directive 2008/95/EC a trade mark was liable to revocation in respect of a product for which it was registered if, in consequence of acts or “inactivity” of the proprietor, that trade mark had become the common name for that product from the point of view solely of end users of the product. There was “inactivity” if the proprietor of the trade mark did not encourage sellers to make more use of that mark in marketing a product in respect of which the mark was registered; and the revocation of a trade mark did not presuppose that it had to be ascertained whether there were other names for a product for which that trade mark had become the common name in the trade.’
WLR Daily, 6th March 2014
Source: www.iclr.co.uk
Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening) – WLR Daily
‘The court could not award damages for distress and injury to feelings caused to a disabled passenger during flight in breach of Council Regulation (EC) No 1107/2006 (implemented in domestic law by the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007) since such an award was precluded by article 29 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 (“the Montreal Convention”), as adopted in the European Union by Council Regulation (EC) No 2027/97, as amended by article 3(1) of Parliament and Council Regulation (EC) No 889/2002, (“the Montreal Regulation”), and pursuant to the European Communities Act 1972, as amended.’
WLR Daily, 5th March 2014
Source: www.iclr.co.uk
Regina v Burinskas; Regina v Phillips (Anthony); Regina v Ahmad (Goram Kamal); Regina v Hanson (John); Regina v Donegan (David); Regina v Smith (Paul Simon); Regina v Mathews (Michael Richard; Regina v Coleman (Barry Tyrone)
‘The Court of Appeal, Criminal Division, gave guidance in respect of the effect of changes in the law upon the sentencing of dangerous offenders.’
WLR Daily, 4th March 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Supreme Court
Stott v Thomas Cook Tour Operators Ltd [2014] UKSC 15 (05 March 2014)
Revenue and Customs v Secret Hotels2 Ltd [2014] UKSC 16 (05 March 2014)
Court of Appeal (Civil Division)
Kairos Shipping Ltd & Anor v Enka & Co LLC & Ors [2014] EWCA Civ 217 (06 March 2014)
AB v CD [2014] EWCA Civ 229 (06 March 2014)
Daws Hill Neighbourhood Forum & Ors v Wycombe District Council [2014] EWCA Civ 228 (06 March 2014)
High Court (Administrative Court)
Savage v Mansfield District Council [2014] EWHC 600 (Admin) (06 March 2014)
High Court (Chancery Division)
Sellers v Buyer [2014] EWHC 596 (Ch) (06 March 2014)
Source: www.bailii.org
Grieve acts on judge’s plea over unrepresented defendants – Law Society’s Gazette
‘The attorney general’s office has confirmed that Dominic Grieve QC has appointed an amicus curiae to assist the court on legal argument expected to be made on behalf of defendants facing trial without representation in court.’
Law Society’s Gazette, 7th March 2014
Source: www.lawgazette.co.uk
Asbestos cancer payments of up to £123,000 announced – BBC News
‘Victims of mesothelioma, an aggressive cancer caused by exposure to asbestos, are to receive an average of £123,000 compensation from a new fund.’
BBC News, 6th March 2014
Source: www.bbc.co.uk
‘Unacceptable’ failings and overcrowding found in NHS hospitals – Daily Telegraph
‘Unacceptably poor outpatient care, overcrowding and delays in Accident & Emergency units have been highlighted in the first national report following a new NHS inspection regime. Inspectors who visited a cross-section of 18 hospitals across the country found patients were waiting far too long in casualty units, and for appointments to see consultants and undergo tests.’
Daily Telegraph, 6th March 2014
Source: www.telegraph.co.uk
