Regina v Leacock; Regina v Blacker; Regina v Trevis; Regina v Nutting; Regina v Morin – WLR Daily

Posted November 19th, 2013 in criminal procedure, imprisonment, law reports, news, remand, sentencing by sally

Regina v Leacock; Regina v Blacker; Regina v Trevis; Regina v Nutting; Regina v Morin [2013] EWCA Crim 1994; [2013] WLR (D) 438

“When sentencing a defendant to a term of imprisonment, section 240(3) of the Criminal Justice Act 2003 provided that the court must direct that, subject to section 240(4), time served in custody on remand should count as time served by him as part of the sentence. Section 240(4)(a) provided that section 240(3) did not apply if while on remand the defendant was a serving prisoner, but there was no separate order under section 240(4). That subsection merely restricted the discretion of the court; the only order a court could make was one under section 240(3).”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

Will Marine “A” keep his anonymity? – UK Human Rights Blog

Posted November 19th, 2013 in anonymity, armed forces, courts martial, human rights, murder, news, third parties by sally

“Five Royal Marines have lodged a challenge against a ruling that they can be named following the conviction of one of them for the murder of an injured insurgent in Afghanistan.”

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UK Human Rights Blog, 18th November 2013

Source: www.ukhumanrightsblog.com

District judges taking hardline approach to Jackson enforcement – Litigation Futures

Posted November 19th, 2013 in appeals, civil procedure rules, disclosure, judiciary, news, striking out by sally

“An increasing number of reports are emerging of hardline decisions by district judges over non-compliance with the CPR or breach of orders and directions.”

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Litigation Futures, 19th November 2013

Source: www.litigationfutures.com

Proving Match Fixing: Lessons from the Stephen Lee case – Sports Law Bulletin from Blackstone Chambers

“The career-ending 12 year ban imposed on World No.8 snooker player Stephen Lee in September this year shook the snooker world. But the Decision of the sports disciplinary tribunal holds an important lesson for the fight against sport-fixing more generally.”

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Sports Law Bulletin from Blackstone Chambers, 18th November 2013

Source: www.sportslawbulletin.org

Benefits fraudster who fled to Costa del Sol jailed for three years

Posted November 19th, 2013 in benefits, extradition, fraud, fugitive offenders, news, sentencing, social security by sally

“A benefits fraudster who fled to the Costa del Sol ahead of sentencing in 2008 has been jailed for three years. Work and Pensions Secretary Iain Duncan Smith labelled it ‘outrageous’ that 70-year-old Norman Brennan had been in Spain for five years, and vowed to bring the pensioner back to face justice.”

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The Independent, 18th November 2013

Source: www.independent.co.uk

Consultation Paper “Transforming Legal Aid: Next Steps” Response on Behalf of the Honourable Society of the Inner Temple – The Inner Temple

“This response is made by the Honourable Society of the Inner Temple, one of the four Inns of Court, to which all barristers must belong.”

Full story (PDF)

The Inner Temple, November 2013

Source: www.innertemple.org.uk

Man freed as Parkinson’s disease drug made him expose himself – Daily Telegraph

“The ‘hard-working and respectable family man’ exposed himself due to the effect of drugs he was taking.”

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Daily Telegraph, 18th November 2013

Source: www.telegraph.co.uk

W v Neath Port Talbot – Courts, Local Authorities and a Mexican Stand-off – Family Law Week

“Andrew Pack, care lawyer with Brighton and Hove City Council, considers the options for local authorities in the wake of the Court of Appeal’s landmark judgment in W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227.”

Full story

Family Law Week, 17th November 2013

Source: www.familylawweek.co.uk

Rihanna takes on Topshop: Get my face off that t-shirt! – OUP Blog

Posted November 18th, 2013 in consent, copyright, misrepresentation, news, privacy, trade marks by sally

“Robyn Fenty — Rihanna to most of us — enjoyed victory in the English High Court earlier this year when she succeeded in stopping High Street fashion retailer Topshop from selling an unauthorised t-shirt bearing her image. 12,000 units of this t-shirt were sold, most at £22 each.”

Full story

OUP Blog, 15th November 2013

Source: www.blog.oup.com

In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) – Supreme Court

Posted November 18th, 2013 in appeals, damages, EC law, indemnities, insurance, law reports, Supreme Court by sally

In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) [2013] UKSC 70 (YouTube)

Supreme Court, 6th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Cotter (Respondent) v Commissioners for Her Majesty’s Revenue & Customs (Appellant) – Supreme Court

Cotter (Respondent) v Commissioners for Her Majesty’s Revenue & Customs (Appellant) [2013] UKSC 69 | UKSC 2012/0062 (YouTube)

Supreme Court, 6th November 2013

Source: www.youtube.com/user/UKSupremeCourt

TFL Management Services Ltd v Lloyds Bank plc – WLR Daily

Posted November 18th, 2013 in appeals, banking, costs, law reports, restitution by sally

TFL Management Services Ltd v Lloyds Bank plc [2013] EWCA Civ 1415; [2013] WLR (D) 437

“In determining whether a party had a claim for restitution based on unjust enrichment, the court ought to consider the following four questions: (i) has the defendant benefited or been enriched?; (ii) was the enrichment at the expense of the claimant?; (iii) was the enrichment unjust?; and (iv) was there any specific defence available to the defendant. The issue of whether any benefit was incidental and therefore amounted to a defence to an unjust enrichment claim was to be determined by reference to consideration of those four questions, rather than a formulation of a general exception based on characterisation of the nature of the benefit alone.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Kavanagh and others v Crystal Palace FC Ltd and another – WLR Daily

Kavanagh and others v Crystal Palace FC Ltd and another [2013] EWCA Civ 1410; [2013] WLR (D) 436

“Where, because of the unique features pertaining to the financial affairs of a failing football club, there were even stronger reasons than usual for averting liquidation, an administrator who needed to reduce the wage bill in order to continue running the business and to avoid liquidation had a permissible economic reason for dismissing employees where the ultimate objective remained the early sale of the club.”

WLR Daily, 13th November 2013

Source: www.iclr.co.uk

Civil justice reform – another crack in the wall? – Halsbury’s Law Exchange

“The government’s response to the consultation paper on whiplash claims has recently been published. Within it, the government scraps the idea of raising the small claims limit for personal injury claims to £5,000; a measure which would capture most road traffic claims in the UK. It was seen by many as a pivotal brick in the Jackson campaign for proportionate costs, as it would fix the costs entitlement for most whiplash claims at fixed commencement costs for small claims. This would net a significant saving in adverse costs payments at a national level. So, why was a measure of seemingly vital importance discarded so summarily by the government?”

Full story

Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

Hacking trial: The story so far – BBC News

Posted November 18th, 2013 in conspiracy, electronic mail, interception, media, news, telecommunications by sally

The trial of former News of the World journalists accused of a conspiracy to hack mobile phones is now well under way at the Old Bailey.

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BBC News, 16th November 2013

Source: www.bbc.co.uk

Top judge calls for fixed legal fees to cut bills – Daily Telegraph

Posted November 18th, 2013 in barristers, costs, fees, judges, legal representation, news, solicitors by sally

“Lord Neuberger, president of the Supreme Court, wants to see lawyers paid fixed sums to prevent spiralling legal costs.”

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Daily Telegraph, 15th November 2013

Source: www.telegraph.co.uk

Philpott fire deaths appeal planned to be shown on TV

Posted November 18th, 2013 in appeals, arson, homicide, media, news, video recordings by sally

“The appeal hearing for Mairead Philpott and Paul Mosley, convicted of killing six children in a Derby house fire, is expected to be filmed for television.”

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BBC News, 15th November 2013

Source: www.bbc.co.uk

Cadbury’s purple mark and Mattel’s Scrabble tile mark are tricky to register – Technology Law Update

Posted November 18th, 2013 in appeals, news, trade marks by sally

“The Court of Appeal has recently handed down judgements in Société des Produits Nestlé SA v Cadbury UK Limited and JW Spear & Sons Limited, Mattel Inc & Mattel UK Limited v Zynga Inc, which emphasise the importance of complying with the conditions of Article 2 of the Trade Marks Directive 2008/95/EC as being a ‘sign’ capable of graphic representation.”

Full story

Technology Law Update, 15th November 2013

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

Extradition: why the government is wrong to remove the automatic right to appeal – Halsbury’s Law Exchange

“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”

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Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

Mental impairment. How does the employer know? Cox v Essex County Fire and Rescue Service – 13 KBW Employment

“When facing a reasonable adjustments claim one of the first lines of defence for an employer is knowledge. An employer can avail itself of the defence of lack of knowledge of the disability (s.20 of Sch 8 of the Equality Act 2010) if it did not know, and could not reasonably have been expected to know, that the person had a disability. The defence is an impenetrable shield and often forms a key battleground at trial.”

Full story

13 KBW Employment, 18th November 2013

Source: www.13kbwemployment.wordpress.com