Specialist courts under microscope on costs budgeting – Law Society’s Gazette

“Exempting mandatory costs budgeting for claims in excess of £2m may be ‘unnecessary and inappropriate’, a newly established sub-group of the Civil Procedure Rule committee has suggested.”

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Law Society’s Gazette, 1st July 2013

Source: www.lawgazette.co.uk

Property tribunals combine in new first-tier chamber – Law Society’s Gazette

Posted July 2nd, 2013 in agricultural holdings, landlord & tenant, leases, news, rent, tribunals by sally

“A new consolidated property tribunal came into existence today with a single set of procedural rules aimed at simplifying the process.”

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Law Society’s Gazette, 1st July 2013

Source: www.lawgazette.co.uk

Man jailed for murdering his 91-year-old grandfather – BBC News

Posted July 2nd, 2013 in grandparents, murder, news, sentencing, theft, young offenders by sally

“A teenager has been jailed for life for murdering and robbing his “defenceless” 91-year-old grandfather to steal £300.”

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BBC News, 1st July 2013

Source: www.bbc.co.uk

The Competition Commission’s power to block transactions outside the UK – Competition Bulletin from Blackstone Chambers

“The judgment in Akzo Nobel NV v Competition Commission [2013] CAT 13 is an important decision on the ability of the Competition Commission (‘CC’) to block transactions between companies outside of the UK. However, neither party to the appeal will be entirely happy with the Competition Appeal Tribunal’s (‘CAT’) legal analysis. There must therefore be a chance that – in a future case even if not in this one – the decision will be subject to attacks from both directions.”

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Competition Bulletin from Blackstone Chambers, 1st July 2013

Source: www.competitionbulletin.com

Death crash footballer freed from jail in error – The Guardian

Posted July 2nd, 2013 in careless driving, homicide, mistake, news, prisons by sally

“An investigation is under way into how a footballer who killed two people in a car crash was mistakenly freed from jail.”

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The Guardian, 1st July 2013

Source: www.guardian.co.uk

ICO considers enforcement action over disclosure of ‘hidden’ personal data in FOI responses – OUT-LAW.com

“The Information Commissioner’s Office (ICO) has warned public sector bodies that they face being fined for breaching data protection laws if they disclose “hidden” personal information in their responses to freedom of information (FOI) requests.”

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OUT-LAW.com, 1st July 2013

Source: www.out-law.com

The time to act on the bedroom tax is now – Garden Court Chambers Blog

Posted July 2nd, 2013 in benefits, housing, local government, news, repossession, social security by sally

“At a time when the bedroom tax is coming to dominate debates about housing and fairness in our society, Liz Davies considers the options available to local councils in resisting this policy of central government.”

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Garden Court Chambers Blog, 1st July 2013

Source: www.gclaw.wordpress.com

Lie detector tests set to be introduced to monitor sex offenders – The Guardian

Posted July 2nd, 2013 in lie detectors, news, probation, sexual offences by sally

“MPs are expected to clear the way for the introduction of compulsory lie detector tests to monitor convicted sex offenders across England and Wales from next January.”

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The Guardian, 1st July 2013

Source: www.guardian.co.uk

Burglar stamped on face of retired actress and killed her in her home – Daily Telegraph

Posted July 2nd, 2013 in burglary, murder, news, young offenders by sally

“A teenage burglar who stamped on the face of a frail and blind former actress has been told he must spend at least 32 years in jail for murder.”

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Daily Telegraph, 1st 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.

Justice Secretary Chris Grayling in U-turn: Defendants on legal aid will still be able to choose their solicitor – The Independent

Posted July 2nd, 2013 in competition, criminal justice, legal aid, news, solicitors, tenders by sally

“Chris Grayling, the Justice Secretary, made a surprise U-turn on Monday night over his controversial plan to deny defendants on legal aid the right to choose their solicitor.”

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The Independent, 1st July 2013

Source: www.independent.co.uk

Crackdown on payday loans advertising – The Guardian

Posted July 2nd, 2013 in advertising, consumer credit, financial regulation, news, young persons by sally

“A crackdown on payday loan advertising is on the cards following a summit between regulators, ministers and lenders to address concerns over widespread problems in the sector.”

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The Guardian, 1st July 2013

Source: www.guardian.co.uk

Television cameras may be allowed to film in crown courts – The Guardian

Posted July 2nd, 2013 in consent, courts, Crown Court, judiciary, media, news, sentencing, witnesses by sally

“The government is risking a fresh row with the judiciary by raising the prospect that television cameras could be allowed to film within crown courts.”

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The Guardian, 1st July 2013

Source: www.guardian.co.uk

Boy, 16, jailed over sex attack on five-year-old girl – BBC News

Posted July 1st, 2013 in child abuse, kidnapping, news, sentencing, sexual offences, young offenders by sally

“A 16-year-old boy has been jailed for sexually assaulting a five-year-old girl in Hampshire.”

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BBC news, 1st July 2013

Source: www.bbc.co.uk

Comic Relief archbishop of Canterbury sketch cleared by watchdog – The Guardian

Posted July 1st, 2013 in Christianity, complaints, media, news, ombudsmen by sally

“Rowan Atkinson’s Comic Relief sketch, which prompted almost 2,500 complaints to the BBC, has been cleared by Ofcom.”

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The Guardian,1st July 2013

Source: www.guardian.co.uk

Sky News cleared over ‘canoe man’ email hacking – The Guardian

Posted July 1st, 2013 in computer crime, interception, media, news, privacy, public interest by sally

“BSkyB has been cleared of breaking the broadcasting code for hacking the emails belonging to John Darwin, the ‘canoe man’ accused of faking his own death, following an investigation by Ofcom.”

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The Guardian, 1st July 2013

Source: www.guardian.co.uk

SAS sniper Danny Nightingale retrial to hear evidence of Army failures – The Independent

Posted July 1st, 2013 in armed forces, firearms, news, retrials by sally

“The retrial of SAS sniper Danny Nightingale for illegal possession of a weapon began today, and is expected to be used by the Army as an opportunity to reform the lax policies and attitudes prevalent in its most elite regiment.”

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The Independent, 1st July 2013

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted July 1st, 2013 in law reports by sally

High Court (Administrative Court)

Alighanbari, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1818 (Admin) (01 July 2013)

Jaspers (Treburley) Ltd & Ors, R (on the application of) v Food Standards Agency [2013] EWHC 1788 (Admin) (28 June 2013)

Howard, R (on the application of) v The Official Receiver [2013] EWHC 1839 (Admin) (28 June 2013)

South Tyneside Care Home Owners Association & Ors, R (on the application of) v South Tyneside Council [2013] EWHC 1827 (Admin) (28 June 2013)

Thompson, R (on the application of) v Oxford City Council [2013] EWHC 1819 (Admin) (28 June 2013)

High Court (Chancery Division)

Green v Astor & Ors [2013] EWHC 1857 (Ch) (28 June 2013)

British Sky Broadcasting Group Plc & Ors v Microsoft Corporation Microsoft & Anor [2013] EWHC 1826 (Ch) (28 June 2013)

High Court (Technology and Construction Court)

Westshield Civil Engineering Ltd & Anor v Buckingham Group Contracting Ltd [2013] EWHC 1825 (TCC) (28 June 2013)

Source: www.bailii.org.uk

Regina v Austin (Herbert) – WLR Daily

Regina v Austin (Herbert): [2013] EWCA Crim 1028;   [2013] WLR (D)  257

“It was the Crown’s responsibility to carry out the duties of disclosure. Judicial involvement could only properly be triggered by an application under the Criminal Procedure and Investigations Act 1996 by the prosecutor or by the defence. There was no provision for a trial judge to superintend the decisions of disclosure made by the prosecution on his own motion by inspecting unused material himself.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker – WLR Daily

Posted July 1st, 2013 in EC law, interpretation, law reports, trade marks by sally

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker: (Case C-320/12); [2013] WLR (D) 258

“The concept of ‘bad faith’ within article 4(4)(g) of Parliament and Council Directive 2008/95/EC of 22 October 2008 (to approximate the laws of the member states relating to trade marks) was an autonomous concept of European Union law which had to be given a uniform interpretation within the Union. The fact that the applicant for a trade mark registration knew or should have known that a third party was using a mark abroad at the time of filing his application, which was liable to be confused with his mark, was not sufficient, in itself, to permit the conclusion that the applicant was acting in bad faith. Member states were not permitted to introduce a system of specific protection of foreign marks which differed from the system established by article 4(4)(g) and which was based on the fact that the person making the application for registration of a mark knew or should have known of a foreign mark.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

 

Regina v McNally – WLR Daily

Posted July 1st, 2013 in appeals, consent, law reports, rape, sexual offences, young offenders by sally

Regina v McNally: [2013] EWCA Crim 1051;   [2013] WLR (D)  256

“Consent to sexual penetration could be vitiated by a deception by the defendant as to gender because vitiating deceptions were not limited to deceptions relating to features of the offence.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk