The Intellectual Property Enterprise Court – not just a new name – Technology Law Update

Posted October 23rd, 2013 in courts, intellectual property, judiciary, jurisdiction, news by sally

“On 1 October 2013, the Patents County Court (‘PCC’) was renamed the Intellectual Property Enterprise Court (‘IPEC’). Many practitioners just note it, in passing, as part of the effort by the Government to enhance the popularity of the PCC/IPEC – part of their agenda promoting innovation (particularly for small and medium sized enterprises), rather than a change with a significant impact on the law. However, to dismiss it as ‘just a new name’ would not be quite accurate.”

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Technology Law Update, 22nd October 2013

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

Recent Statutory Instruments – legislation.gov.uk

Posted October 23rd, 2013 in legislation by sally

The School Governance (Roles, Procedures and Allowances) (England) (Amendment) Regulations 2013

The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 23rd, 2013 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors [2013] EWCA Civ 1234 (22 October 2013)

SQ (Pakistan) & Anor, R (on the application of) v The Upper Tribunal Immigration and Asylum Chamber & Anor [2013] EWCA Civ 1251 (22 October 2013)

Fagan, R (on the application of) v Times Newspapers Ltd & Ors [2013] EWCA Civ 1275 (21 October 2013)

Court of Appeal (Criminal Division)

Montague, R v [2013] EWCA Crim 1781 (22 October 2013)

High Court (Administrative Court)

Giwa, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3189 (Admin) (22 October 2013)

High Court (Commercial Court)

Flame SA v Glory Wealth Shipping PTE Ltd [2013] EWHC 3153 (Comm) (22 October 2013)

High Court (Patents Court)

Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWHC 3160 (Pat) (22 October 2013)

High Court (Queen’s Bench Division)

Fadallah v Pollak [2013] EWHC 3159 (QB) (22 October 2013)

Source: www.bailii.org

 

Ministry stands by Grayling evidence after bar chief challenge – Law Society’s Gazette

Posted October 23rd, 2013 in barristers, budgets, costs, fees, Ministry of Justice, news, select committees by sally

“Evidence given to MPs by Chris Grayling has sparked a spat between the Bar Council and Ministry of Justice.”

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Law Society’s Gazette, 22nd October 2013

Source: www.lawgazette.co.uk

MoJ decides against increase in small claims track limit – Law Society’s Gazette

Posted October 23rd, 2013 in accidents, consultations, costs, fraud, insurance, news, personal injuries, road traffic offences, select committees, small claims by sally

“The Ministry of Justice will today confirm there is to be no increase in the small claims court limit.”

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Law Society’s Gazette, 23rd October 2013

Source: www.lawgazette.co.uk

Schoolboy armed robber sentenced to 40 months – Daily Telegraph

Posted October 23rd, 2013 in firearms, news, prisons, robbery, sentencing, young offenders by sally

“A ‘model pupil’ who robbed a bank with an imitation firearm has been sentenced to 40 months in a Young Offenders’ Institution.”

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Daily Telegraph, 22nd October 2013

Source: www.telegraph.co.uk

Honeymoon murder suspect Shrien Dewani wins extradition hearing – The Independent

Posted October 23rd, 2013 in appeals, extradition, mental health, murder, news by sally

“Honeymoon murder suspect Shrien Dewani has won a further hearing in his legal battle against extradition. A panel of three High Court judges – headed by the Lord Chief Justice Lord Thomas – ruled today there are outstanding legal issues the court must decide.”

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The Independent, 22nd October 2013

Source: www.independent.co.uk

Legal proceedings begin against travellers occupying NHS car park – Daily Telegraph

Posted October 23rd, 2013 in hospitals, news, repossession, squatting, travellers by sally

“Legal proceedings start against a group of French travellers occupying a hospital car park in Newport, south Wales.”

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Daily Telegraph, 22nd October 2013

Source: www.telegraph.co.uk

Inquest finds police failings over killings of woman and toddler son – The Guardian

Posted October 23rd, 2013 in complaints, domestic violence, inquests, inquiries, mental health, murder, news, ombudsmen, police by sally

“Police failings ‘more than minimally’ contributed to the deaths of a pregnant mother and child who were stabbed to death by the woman’s former partner days after she went to the police for help, an inquest jury has ruled.”

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The Guardian, 22nd October 2013

Source: www.guardian.co.uk

Vulnerable elderly ‘locked out’ of state-funded care despite reforms, study finds – Daily Telegraph

Posted October 23rd, 2013 in benefits, budgets, care homes, carers, charities, elderly, local government, news by sally

“Hundreds of thousands of frail elderly and disabled people who need help with basic tasks such as washing and dressing will receive no assistance towards the cost of their care, despite Government reforms, experts have warned.”

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Daily Telegraph, 22nd October 2013

Source: www.telegraph.co.uk

New curbs on whiplash fraud – Daily Telegraph

Posted October 23rd, 2013 in accidents, compensation, fraud, insurance, news, personal injuries, road traffic offences, small claims by sally

“All whiplash victims will have to be assessed by accredited doctors as ministers look to cut the bill faced by insurers and the premiums paid by motorists.”

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Daily Telegraph, 23rd Ocotber 2013

Source: www.telegraph.co.uk

Lord McAlpine libel row with Sally Bercow formally settled in high court – The Guardian

Posted October 22nd, 2013 in damages, defamation, internet, news by sally

“Sally Bercow has apologised for ‘irresponsible use of Twitter’ and agreed to pay undisclosed damages to peer, court told.”

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The Guardian, 22nd October 2013

Source: www.guardian.co.uk

Hoax bomb threat bridegroom is jailed in Liverpool – BBC News

Posted October 22nd, 2013 in bomb hoaxing, guilty pleas, news, sentencing by sally

“A would-be bridegroom who made a hoax bomb threat to a wedding venue after realising he had failed to confirm his booking has been jailed.”

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BBC News, 22nd October 2013

Source: www.bbc.co.uk

LSB issues report outlining changes in competition in the legal services market – Legal Services Board

Posted October 22nd, 2013 in competition, legal services, Legal Services Board, press releases, reports by sally

“LSB report outlining changes in competition in the legal services market since the Legal Services Act 2007 came into force.”

Full press release

Legal Services Board, 22nd October 2013

Source: www.legalservicesboard.org.uk

Fiduciary Duties of Investment Intermediaries – Law Commission

Posted October 22nd, 2013 in consultations, fiduciary duty, Law Commission, pensions, trusts by sally

“Consultation reviewing the obligations on investment intermediaries to act in the interests of savers.”

Full consultation

Law Commission, 22nd October 2013

Source: www.justice.gov.uk/lawcommission

Justice in one fixed place or several? – the Lord Chief Justice

Posted October 22nd, 2013 in civil justice, courts, judiciary, legal history, legal profession, speeches by sally

“Birkenhead Lecture by the Lord Chief Justice, 22/10/2013.”

Full speech

Judiciary of England and Wales, 21st October 2013

Source: www.judiciary.gov.uk

Revision of the PACE codes of practice A, B, C, E, F and H – CrimeLine

Posted October 22nd, 2013 in codes of practice, news, police, regulations by sally

“Revision of the PACE codes of practice A, B, C, E, F and H.”

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CrimeLine, 21st October 2013

Source: www.www.crimeline.info

Coroners inquest enough to satisfy Article 2 in mental health suicide case – UK Human Rights Blog

Posted October 22nd, 2013 in human rights, inquests, mental health, news, suicide by sally

“R (Antoniou) v (1) Central and North West London NHS Foundation Trust; (2) Secretary of State for Health; (3) NHS England [2013] EWHC 3055 (Admin).Where a patient, detained in hospital under Section 3 of the Mental Health Act 1983, takes their own life, Article 2 imposes procedural obligations on the State to investigate the circumstances of the death. These obligations are fulfilled by a coroner’s inquest. Unlike in prison and police station deaths, there need not be any independent investigation system prior to the inquest stage, and nor does Article 2 require one.”

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UK Human Rights Blog, 22nd October 2013

Source: www.ukhumanrightsblog.com

Penalties, PECR and PPI – Panopticon

Posted October 22nd, 2013 in appeals, data protection, EC law, insurance, news, penalties, telecommunications, tribunals by sally

“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”

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Panopticon, 22nd October 2013

Source: www.panopticonblog.com

Pension liberation schemes were “occupational”, High Court rules, as HMRC tightens procedures – OUT-LAW.com

Posted October 22nd, 2013 in HM Revenue & Customs, news, pensions by sally

“A number of pension schemes which allowed members to access their savings before the minimum retirement age should be classed as ‘occupational’ schemes, the High Court has ruled.”

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OUT-LAW.com, 22nd October 2013

Source: www.out-law.com