Current Awareness

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) – WLR Daily

Posted July 5th, 2013 in airlines, damages, EC law, estoppel, law reports, patents, Supreme Court by sally

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd):[2013] UKSC 46; [2013] WLR (D) 265

“Where judgment was given in an English court that a patent, whether English or European, was valid and infringed, and the patent was subsequently retrospectively revoked or amended, whether in England or at the European Patent Office, the defendant was entitled to rely on the fact of the revocation or amendment on an inquiry as to damages in respect of the unamended patent.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening) – WLR Daily

Posted July 5th, 2013 in appeals, employment, equal pay, law reports, local government, sex discrimination, Supreme Court by sally

Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening): [2013] UKSC 45 ; [2013] WLR (D) 264

“The hypothesis of the second limb of the ‘in the same employment’ test in section 1(6) of the Equal Pay Act 1970 was that the chosen male comparators were to be transferred to do their present jobs in the location where the women claimants worked, while there was no requirement of any real possibility that such a transfer would occur. The question to be answered was whether in the event of such a transfer, however unlikely, the comparators would remain employed on the same or broadly similar terms and conditions to those applicable in their current place of work.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 5th, 2013 in legislation by sally

The National Health Service (Direct Payments) Regulations 2013

The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2013

The European Communities (Lawyer’s Practice and Services of Lawyers) (Amendment) Regulations 2013

The National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013

The Elections (Fresh Signatures for Absent Voters) Regulations 2013

The Coroners (Investigations) Regulations 2013

The Coroners and Justice Act 2009 (Commencement No. 14) Order 2013

The Land Registration (Proper Office) Order 2013

The Coroners and Justice Act 2009 (Alteration of Coroner Areas) Order 2013

The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2013

The Coroners (Inquests) Rules 2013

The Coroners Allowances, Fees and Expenses Regulations 2013

The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2013

Source: www.legislation.gov.uk

Lord Chancellor and Secretary of State for Justice Rt Hon Chris Grayling MP – Judges Dinner 2013 – Ministry of Justice

Posted July 5th, 2013 in judges, judiciary, lord chancellor, rule of law, speeches by sally

“Speech given by Lord Chancellor and Secretary of State for Justice Rt Hon Chris Grayling MP. Originally given at Judges Dinner 2013.This is the text of the speech as drafted, which may differ slightly from the delivered version.”

Full speech

Ministry of Justice, 4th July 2013

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

The Judicial Working Group on Litigants in Person – Judiciary of England and Wales

Posted July 5th, 2013 in judiciary, legal representation, litigants in person, McKenzie friends, reports by sally

“The Judicial Working Group on Litigants in Person – Report, July 2013.”

Full report

Judiciary of England and Wales, 5th July 2013

Source: www.judiciary.gov.uk

Lord Mayor’s Dinner for Her Majesty’s Judges, 2013 – Speech by The Lord Chief Justice

Posted July 5th, 2013 in judges, judiciary, rule of law, speeches by sally

“The Lord Mayor’s Banquet to Her Majesty’s Judges, speech by Lord Judge, 3 July 2013.”

Full speech

Judiciary of England and Wales, 5th July 2013

Source: www.judiciary.gov.uk

Consultation launched into migrant access of health services – Home Office

Posted July 5th, 2013 in bills, consultations, health, immigration, press releases by sally

“A consultation into short term migrant’s access and contribution to the NHS has been launched as part of the Immigration Bill.”

Full story

Home Office, 3rd July 2013

Source: www.gov.uk/home-office

Proposals for landlord checks to tackle illegal migrants renting – Home Office

Posted July 5th, 2013 in consultations, documents, fines, immigration, landlord & tenant, press releases by sally

“Private landlords will be required to check the immigration status of new tenants under government proposals being launched in a consultation today.”

Full press release

Home Office,3rd July 2013

Source: www.gov.uk/home-office

Two Upper Tribunal decisions – Panopticon

Posted July 5th, 2013 in appeals, disclosure, freedom of information, news, public interest, reasons, tribunals by sally

“The Upper Tribunal has handed down two decisions on Iraq and section 27 FOIA, which raise some interesting procedural points – FCO v Information Commissioner and Plowden GIA/2474/2012 and Cabinet Office and Information Commissioner v Muttitt GIA/0957/2012.”

Full story

Panopticon, 2nd July 2013

Source: www.panopticonblog.com

Human Rights legislation is not a “licence to squat”, expert says – OUT-LAW.com

Posted July 5th, 2013 in appeals, human rights, news, repossession, squatting by sally

“A landowner’s right to recover possession of his property does not infringe the human rights of squatters, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 4th July 2013

Source: www.out-law.com

Damages for infringement should be calculated on basis of amended not original patents, rules Supreme Court – OUT-LAW.com

Posted July 5th, 2013 in airlines, appeals, damages, news, patents, Supreme Court by sally

“The UK Supreme Court has ruled that companies found to have infringed patents can rely on the subsequent amendment of patent claims to exonerate them from liability for damages.”

Full story

OUT-LAW.com, 4th July 2013

Source: www.out-law.com

CPS may bring first case against Metropolitan police spy – The Guardian

Posted July 5th, 2013 in investigatory powers, misfeasance in public office, news, police, prosecutions by sally

“Prosecutors are considering launching the first case against an undercover police officer deployed to infiltrate political campaigns. The Crown Prosecution Service is examining allegations of wrongdoing by Jim Boyling, a former member of a covert Metropolitan police unit which planted undercover officers in political groups for four decades.”

Full story

The Guardian, 5th July 2013

Source: www.guardian.co.uk

Azelle Rodney inquiry to give final ruling – The Guardian

Posted July 5th, 2013 in complaints, homicide, inquiries, news, police by sally

“An official inquiry is expected to criticise the Metropolitan police over the shooting dead of a man by an elite firearms officer.”

Full story

The Guardian, 5th July 2013

Source: www.guardian.co.uk

James Bulger killer Jon Venables to be freed – BBC News

Posted July 5th, 2013 in murder, news, parole, sexual offences, young offenders by sally

“One of James Bulger’s killers, Jon Venables, should be released from prison, the parole board has said. Venables was previously paroled, but sent back to jail for accessing child pornography.”

Full story

BBC News, 4th July 2013

Source: www.bbc.co.uk

Senior lawyer takes out injunction to cover up affair – The Independent

Posted July 5th, 2013 in freedom of expression, injunctions, news, privacy, solicitors by sally

“A senior lawyer has taken out a gagging order typically reserved for philandering footballers to cover up details of his affair with a younger woman.”

Full story

The Independent, 4th July 2013

Source: www.independent.co.uk

Cab driver falsely accused of rape saved by his phone app – Daily Telegraph

Posted July 5th, 2013 in news, perverting the course of justice, rape, telecommunications by sally

“A woman who falsely accused a taxi driver of a knifepoint sex attack has been
jailed after he exposed her lies using an app on his mobile phone.”

Full story

Daily Telegraph, 4th July 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

The foreign rioter we cannot deport because of his ‘right to family life’ – Daily Telegraph

Posted July 5th, 2013 in appeals, deportation, human rights, immigration, news, proportionality, public order, tribunals by sally

“Lawyers for Derrick Kinsasi successfully argued that sending him back to the Democratic Republic of Congo (DRC) would breach his ‘right to family life’ under Labour’s Human Rights Act, even though he is unmarried and has no children.”

Full story

Daily Telegraph, 5th July 2013

Source: www.telegraph.co.uk

Grayling promises second consultation on legal aid – but sets red lines – Law Society’s Gazette

Posted July 5th, 2013 in competition, consultations, criminal justice, law firms, legal aid, news, select committees, solicitors, tenders by sally

“The Ministry of Justice will publish a second ‘short’ consultation on its ‘finalised’ legal aid proposals in September before ‘pressing on’, the justice secretary announced this morning.”

Full story

Law Society’s Gazette, 3rd July 2013

Source: www.lawgazete.co.uk