EAT: Tribunals can take post-termination activity into account when deciding on an unfair dismissal award – OUT-LAW.com

Posted August 20th, 2013 in appeals, compensation, employment tribunals, news, unfair dismissal by sally

“Employment tribunals can take a former employee’s post-termination conduct into account when calculating the compensation to be awarded for a successful unfair dismissal claim, according to the Employment Appeal Tribunal (EAT).”

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OUT-LAW.com, 19th August 2013

Source: www.out-law.com

Separate extensions to software licensing deal transferred in liquidation deemed valid and invalid by High Court – OUT-LAW.com

Posted August 20th, 2013 in computer programs, contracts, insolvency, licensing, news, time limits by sally

“A software licensing arrangement transferred as a result of a voluntary liquidation continued to apply for six months beyond the end of the initial contract period but an additional longer extension to that contract could not be implied, the High Court has ruled.”

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OUT-LAW.com, 20th August 2013

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted August 20th, 2013 in legislation by sally

The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 10) Order 2013

The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013

The Designation of Schools having a Religious Character (England) Order 2013

The Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Charges) (England and Wales) Regulations 2013

The Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Hearing Procedures) (England and Wales) Rules 2013

Source: www.legislation.gov.uk

Budgeting? Beware! – New Law Journal

Posted August 20th, 2013 in budgets, case management, costs, news by sally

“Every litigator will be aware of the new obligation to prepare budgets. What follows is a series of warnings about trips and traps.”

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New Law Journal, 19th August 2013

Source: www.newlawjournal.co.uk

Schools accused of reviving section 28 in sex education policies – Daily Telegraph

Posted August 20th, 2013 in Christianity, education, homosexuality, news by sally

“Ministers have ordered an immediate investigation into evidence suggesting schools have been enforcing a bitterly controversial rule banning the ‘promotion’ of homosexuality, 10 years after it was abolished.”

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Daily Telegraph, 19th August 2013

Source: www.telegraph.co.uk

Domestic abuse victim admits harassment charge – BBC News

Posted August 20th, 2013 in conditional discharge, domestic violence, harassment, news, sentencing, victims by sally

“A victim of domestic abuse ended up in court on a harassment charge against her ex-partner after she made attempts to contact him on Facebook.”

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BBC News, 19th August 2013

Source: www.bbc.co.uk

David Miranda detention legally sound, says Scotland Yard – BBC News

“Using the Terrorism Act to detain the partner of a Guardian reporter who covered US and UK security services was ‘legally sound’, Scotland Yard says.”

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BBC News, 20th August 2013

Source: www.bbc.co.uk

Record numbers of care homes warned over illegally poor standards – Daily Telegraph

Posted August 20th, 2013 in care homes, elderly, news, quality assurance by sally

“More than 900 notices have been issued by the health watchdog in the past
year, indicating that institutions could be closed or prosecuted without
urgent action to improve standards.”

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Daily Telegraph, 19th August 2013

Source: www.telegraph.co.uk

 

UK jury age limit to be raised to 75 – The Guardian

Posted August 20th, 2013 in juries, news by sally

“People up to the age of 75 will be able to sit on juries in England and Wales, according to plans announced by the criminal justice minister
today.”

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The Guardian, 20th August 2013

Source: www.guardian.co.uk

Tesco fined over ‘half-price’ strawberries claim – BBC News

Posted August 19th, 2013 in costs, fines, local government, news, unfair commercial practices by sally

“Tesco has been fined £300,000 after admitting it misled customers over whether strawberries on sale were genuinely ‘half price.’ ”

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BBC News, 19th August 2013

Source: www.bbc.co.uk

The economics of margin squeeze – Competition Bulletin from Blackstone Chambers

Posted August 19th, 2013 in competition, damages, news by sally

“The Competition Bulletin is pleased to welcome the second in our series of blogs by Oxera Consulting on key economic concepts for competition lawyers. In this blog, Tuomas Haanperä, a Senior Consultant, discusses the economic issues surrounding follow-on damages claims in margin squeeze cases (where a dominant firm has charged a combination of retail and wholesale prices that prevents other, ‘squeezed’, rivals from competing). This topic was recently discussed at the Oxera Economics Council, a forum of prominent European economic thinkers and academics that meets twice a year to discuss current economic policy topics.”

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Competition Bulletin from Blackstone Chambers, 16th August 2013

Source: www.competitionbulletin.com

Twitter Trolls, Tribunal Online (Finally), Don’t go Home – The Human Rights Roundup – UK Human Rights Blog

“This week, judicial review continued to take a beating, the Home Office backed down over their ‘Go Home’ campaign and the legal implications behind the twitter threat debacle were considered. And, finally, the immigration and asylum tribunal launched a useful online search service.”

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UK Human Rights Blog, 19th August 2013

Source: www.ukhumanrightsblog.com

Unified Patent Court Comes One Step Closer – NIPC Law

Posted August 19th, 2013 in EC law, news, patents by sally

“When I was called to the Bar in 1977 I spent a lot of time studying the Community Patent Convention which of 1975 because I really thought I would need to know about it. Hélas le temps perdu!. I would have spent the time no less profitably in the Seven Stars. Forty years on, as they sing at Harrow, there are signs that something close to the original concept of the Community patent is about to become a reality.”

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NIPC Law, 17th August 2013

Source: www.nipclaw.blogspot.co.uk

Better Late than Never? – NearlyLegal

Posted August 19th, 2013 in appeals, homelessness, housing, human rights, local government, news, time limits by sally

Peake v LB Hackney  is another cautionary tale about the importance of lodging statutory homelessness appeals within the 21 day limit.”

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NearlyLegal, 18th August 2013

Source: www.nearlylegal.co.uk/blog/

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others – WLR Daily

Posted August 19th, 2013 in appeals, bias, costs, expert witnesses, judiciary, law reports, recusal, solicitors by sally

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others:[2013] EWCA Civ 1003;   [2013] WLR (D)  337

“The judge who had heard a substantive application would almost always be the right judge to deal with consequential issues as to costs, even if he had made findings adverse to a party in the course of reaching his conclusion. However, exceptional circumstances might arise where there was apparent bias stemming from the facts of the case which meant that the judge should have recused himself from dealing with the issue of costs.”

WLR Daily, 14th August 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

East Midlands Trains Ltd v National Union of Rail, Maritime and Transport Workers [2013] EWCA Civ 1072 (15 August 2013)

High Court (Administrative Court)

The Plantagenet Alliance Ltd, R (On the Application Of) v Secretary of State for Justice & Anor [2013] EWHC B13 (Admin) (15 August 2013)

High Court (Chancery Division)

Heis & Ors v Attestor Value Master Fund LP & Anor [2013] EWHC 2556 (Ch) (16 August 2013)

Harris v Secretary of State for Business, Innovation and Skills [2013] EWHC 2514 (Ch) (09 August 2013)

High Court (Family Division)

A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)

Source: www.bailii.org

Children: Private Law update (August 2013) – Family Law Week

“Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.”

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Family Law Week, 15th August 2013

Source: www.familylawweek.co.uk

Re B (A Child): Who Held What in the Supreme Court? – Family Law Week

Posted August 19th, 2013 in appeals, children, judgments, news, Supreme Court by sally

“Frank Feehan QC  and Anna McKenna who appeared for the appellant in the Supreme Court and Justin Leslie offer a tabular summary of the findings of the individual Justices on key issues in the appeal.”

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Family Law Week, 16th August 2013

Source: www.familylawweek.co.uk

Has the Internet Destroyed Trial by Jury? – Criminal Law and Justice Weekly

“The Internet has changed the world and many say the law is struggling to keep up, writes Lyndon Harris.”

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Criminal Law and Justice Weekly, 17th August 2013

Source: www.criminallawandjustice.co.uk

Wembley stabbing: Man guilty of Arron Payne murder – BBC News

Posted August 19th, 2013 in murder, news, sentencing by sally

“A man has been jailed for a minimum of 25 years for the murder of a man in north-west London.”

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BBC News, 16th August 2013

Source: www.bbc.co.uk