Internet trolls and why Strasbourg doesn’t want to get involved – UK Human Rights Blog

Posted October 15th, 2013 in defamation, freedom of expression, human rights, internet, news by sally

“This case concerned the liability of an Internet news portal for offensive comments that were posted by readers below one of its online news articles. The following summary is based on the Strasbourg Court’s press release.”

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UK Human Rights Blog, 14th October 2013

Source: www.ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 15th, 2013 in legislation by sally

The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) Regulations 2013

The Automatic Enrolment (Miscellaneous Amendments) Regulations 2013

The Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) Amendment Regulations 2013

The Human Medicines (Amendment) (No. 2) Regulations 2013

The Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) (Amendment) Regulations 2013

The Prevention of Social Housing Fraud Act 2013 (Commencement) (England) Order 2013

The Agricultural Holdings (Units of Production) (England) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 15th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Walker & Anor v Burton & Anor [2013] EWCA Civ 1228 (14 October 2013)

Coppage & Anor v Safety Net Security Ltd [2013] EWCA Civ 1176 (11 October 2013)

W (A Child) v Neath Port Talbot County Borough Council & Ors [2013] EWCA Civ 1227 (11 October 2013)

Lockwood v Department of Work and Pensions & Anor [2013] EWCA Civ 1195 (11 October 2013)

Abercrombie & Ors v AGA Rangemaster Ltd [2013] EWCA Civ 1148 (11 October 2013)

Marcus Webb Golf Professional (A Firm) v HM Revenue and Customs [2013] EWCA Civ 1225 (11 October 2013)

AN (Afghanistan) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1189 (11 October 2013)

High Court (Queen’s Bench Division)

Karpov v Browder & Ors [2013] EWHC 3071 (QB) (14 October 2013)

Subotic v Knezevic [2013] EWHC 3011 (QB) (14 October 2013)

High Court (Chancery Division)

The Port of London Authority v Tower Bridge Yacht & Boat Co Ltd [2013] EWHC 3084 (Ch) (14 October 2013)

High Court (Administrative Court)

William Davis Ltd & Anor v Secretary of State for Communities and Local Governments & Anor [2013] EWHC 3058 (Admin) (11 October 2013)

High Court (Commercial Court)

Deutsche Bank AG London Branch v Petromena ASA [2013] EWHC 3065 (Comm) (14 October 2013)

BNP Paribas S.A. v Anchorage Capital Europe LLP & Ors [2013] EWHC 3073 (Comm) (11 October 2013)

Source: www.bailii.org

Wider audience targeted as lasting power of attorney (LPA) process goes online – Ministry of Justice

Posted October 15th, 2013 in consultations, internet, powers of attorney, press releases by sally

“A wider range of people should ensure they have lasting powers of attorney (LPAs) – not just the elderly – Justice Minister Lord McNally said today.”

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Ministry of Justice, 15th October 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Regina (Antoniou) v Central and North West London NHS Foundation Trust and others – WLR Daily

Posted October 15th, 2013 in hospitals, human rights, inquests, law reports, suicide by sally

Regina (Antoniou) v Central and North West London NHS Foundation Trust and others [2013] EWHC 3055 (Admin); [2013] WLR (D) 379

“In order to fulfil its procedural obligations under article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms the state was not obliged to conduct, prior to an inquest, an immediate and independent investigation into the circumstances of the death of a patient detained in hospital under section 3 of the Mental Health Act 1983.”

WLR Daily, 10th October 2013

Source: www.iclr.co.uk

Finnigan v Chief Constable of Northumbria Police – WLR Daily

Posted October 15th, 2013 in appeals, disability discrimination, law reports, police by sally

Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191; [2013] WLR (D) 378

“When the issue arose of whether a public authority had discriminated against a disabled person in carrying out its functions, contrary to the Disability Discrimination Act 1995 or the Equality Act 2010, by having in place a ‘practice, policy or procedure’ (under the 1995 Act) or a ‘provision, criterion or practice’ (under the 2010 Act) to which it had not made reasonable adjustments, the court should first identify what that practice, policy or procedure was as a question of fact, and then determine whether reasonable adjustments had been made to that policy to alleviate the detrimental effects to which a disabled person might be subjected by it. The duty to make reasonable adjustments could not be discharged on an ad hoc basis in relation to individuals but was anticipatory and owed to persons with particular kinds of disabilities as a class.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

Opening a Free School – 11 KBW

Posted October 15th, 2013 in education, news by sally

“Free Schools were introduced following the election of the Conservative-Liberal Democrat coalition in 2010. The first 24 Free Schools opened in September 2011, and prior to September 2013 there were 81 Free Schools in total. A further 109 were due to open in September 2013 (taking the total to 190), and the Secretary of State for Education has approved a further 102 to open from September 2014.”

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11 KBW, 15th October 2013

Source: www.11kbw.com

Landmark Supreme Court cases on deprivations of liberty to start next week – Local Government Lawyer

Posted October 15th, 2013 in freedom of movement, local government, mental health, news, Supreme Court by sally

“A panel of seven justices at the Supreme Court will next week hear two landmark cases on deprivations of liberty.”

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Local Government Lawyer, 15th October 2013

Source: www.localgovernmentlawyer.co.uk

CoA rules Scrabble tile trademark to be invalid – The Lawyer

Posted October 15th, 2013 in appeals, intellectual property, news, trade marks by sally

“An attempt by the makers of Scrabble to protect its iconic letter tiles from imitations by claiming trademark rights has been thrown out by the Court of Appeal.”

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The Lawyer, 14th October 2013

Source: www.thelawyer.com

Susan May’s 20-year fight against murder conviction – BBC News

“For the past two decades Susan May says one goal has consumed her every waking thought – to clear her name and overturn her conviction for the murder of her aunt.”

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BBC News, 14th October 2013

Source: www.bbc.co.uk

JAC seeks first part-time High Court judge – Litigation Futures

“The first part-time High Court judge could start sitting next year after the Judicial Appointments Commission (JAC) launched a competition that allows candidates to work under flexible arrangements.”

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Litigation Futures, 15th October 2013

Source: www.litigationfutures.com

POSHFA! – NearlyLegal

Posted October 15th, 2013 in confiscation, crime, housing, landlord & tenant, news, rent by sally

“The Prevention of Social Housing Fraud Act comes into force tomorrow (Tuesday 15 October 2013) in England only. The text of the Act is here. A key point is the introduction of ‘Unlawful Profit Orders’, which get around the decision of the Court of Appeal in Sumal v Newham London Borough Council [2012] EWCA Crim 1840 that confiscation of rent was not possible because ‘the continued receipt of the rent was not the product of the appellants crime’. (Admittedly that was a prosecution for an unlicensed property in a selective licensing area under section 95(1) of the Housing Act 2004, but the point about confiscation not being enabled under statute had broader application).”

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NearlyLegal, 14th October 2013

Source: www.nearlylegal.co.uk

Revised Banking Code of Practice gives HMRC too much discretion, says expert – OUT-LAW.com

Posted October 15th, 2013 in banking, codes of practice, HM Revenue & Customs, news, taxation by sally

“HM Revenue and Customs (HMRC) will be given ‘too much discretion’ to ‘name and shame’ banks that do not meet strict governance requirements in relation to tax matters under proposed changes to the industry Code of Practice, an expert has said.”

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OUT-LAW.com, 14th October 2013

Source: www.out-law.com

Marvin Samuels jailed for rape and murder – BBC News

Posted October 15th, 2013 in grievous bodily harm, murder, news, rape, sentencing by sally

“A man who raped a stranger hours before murdering his ex-girlfriend has been jailed for life, with a minimum term of 33 years.”

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BBC News, 14th October 2013

Source: www.bbc.co.uk

Footballers and employment law – Law Society’s Gazette

Posted October 15th, 2013 in contract of employment, employment, news, sport by sally

“A recent spate of public vocal exchanges within the game could be about to raise a number of interesting employment law issues.”

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Law Society’s Gazette, 11th October 2013

Source: www.lawgazette.co.uk

Code of practice call over government tsars – BBC News

Posted October 15th, 2013 in codes of practice, government departments, news, parliament, reports by sally

“The process for appointing government ‘tsars’ and evaluating their work is inadequate, a new report has claimed.”

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BBC News, 15th October 2013

Source: www.bbc.co.uk

Women sharing prison vans with men ‘exposed to abuse’ – BBC News

Posted October 15th, 2013 in news, prisons, reports, women by sally

“Private contractors exposed women prisoners at HMP Holloway to ‘intimidation and abuse’ by forcing them to travel in escort vans with male inmates, an inspection found.”

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BBC News, 15th October 2013

Source: www.bbc.co.uk

Attorney General: Britain’s ‘economic, physical and ethical well-being’ depends on Europe – Daily Telegraph

Posted October 15th, 2013 in attorney general, EC law, human rights, news, speeches, treaties by sally

“Britain’s ‘economic, physical and ethical well-being’ depends on it playing an ‘active part’ in the European Union and the European Convention on Human Rights, the Attorney General has said.”

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Daily Telegraph, 14th October 2013

Source: www.telegraph.co.uk

The verdict that finally goes against libel tourism: Fatal blow for individuals with little or no link to UK trying to bring claims – The Independent

Posted October 15th, 2013 in choice of forum, defamation, news by sally

“The use of the English courts by individuals with little or no link to the United Kingdom to bring expensive libel proceedings has been dealt a likely fatal blow after judges threw out two defamation suits brought by foreign claimants.”

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The Independent, 14th October 2013

Source: www.independent.co.uk

Surveillance tribunal may allow publicity – The Guardian

“The new president of the court that examines complaints about the intelligence services and government surveillance has indicated he may publish advance notice of its public hearings for the first time.”

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The Guardian, 14th October 2013

Source: www.guardian.co.uk