Current Awareness

“Businesses must be more transparent about the way they collect information about consumers in order to offer personalised prices for goods and services online, the Office of Fair Trading (OFT) has said.”

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OUT-LAW.com, 20th May 2013

Source: www.out-law.com

Elena Ambrosiadou wins legal battle with ex-husband Martin Coward over software: They might be rich – but judge isn’t buying it in ‘toxic’ divorce – The Independent

Posted May 20th, 2013 in divorce, evidence, financial dispute resolution, news by sally

“Two hedge fund tycoons whose marriage ‘turned toxic’ were accused by a judge yesterday of giving ‘tainted’ evidence in their battle over the spoils of their failed relationship.”

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The Independent, 17th May 2013

Source: www.independent.co.uk

Changes to Civil Procedure Rules and court costs made in April 2013 – OUT-LAW.com

Posted May 20th, 2013 in case management, civil procedure rules, costs, damages, expert witnesses, fees, news, proportionality, small claims, solicitors by sally

“From 1 April 2013 a number of changes to the Civil Procedure Rules (CPRs) governing court action in England and Wales took effect. This is a summary of those changes.”

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OUT-LAW.com, May 2013

Source: www.out-law.com

When are the proceeds of an agent’s breach of fiduciary duty held on trust? – Sports Law Bulletin from Blackstone Chambers

Posted May 20th, 2013 in appeals, constructive trusts, fiduciary duty, insolvency, news, trustees in bankruptcy by sally

“In FHR European Ventures LLP & ors v Mankarious & ors [2013] EWCA Civ 17 the Court of Appeal returned to the question when an agent holds proceeds of a breach of fiduciary duty as constructive trustee for his principal. The decision is required reading for sports lawyers asked to advise on breach of fiduciary duty cases. That is so not least because FHR addresses the decision in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2011] EWCA Civ 347 in which the Court considered that it was bound by Lister & Co v Stubbs 45 Ch D 1 (CA) to reject the broad approach to the imposition of constructive trusts in this field which was described in Attorney General for Hong Kong v Reid [1994] 1 AC 324 (PC).”

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Sports Law Bulletin from Blackstone Chambers, 20th May 2013

Source: www.sportslawbulletin.org

Criminal legal aid cuts to reach £370m – Law Society’s Gazette

Posted May 20th, 2013 in budgets, consultations, fees, legal aid, news, solicitors by sally

“The Ministry of Justice has confirmed that projected savings of £150m in fee cuts will not, as was expected, count towards required cuts of £220m a year – taking cuts in criminal legal aid to £370m.”

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Law Society’s Gazette, 17th May 2013

Source: www.lawgazette.co.uk

Workfare placements must be made public, tribunal rules – The Guardian

Posted May 20th, 2013 in benefits, disclosure, employment, government departments, news, public interest, tribunals by sally

“The Department for Work and Pensions has lost a major court battle to keep the locations of thousands of workfare placements secret.”

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The Guardian, 19th May 2013

Source: www.guardian.co.uk

Pending appeal against dismissal did not mean former employee transferred under TUPE, says EAT – OUT-LAW.com

Posted May 20th, 2013 in appeals, care homes, dismissal, employment tribunals, news, transfer of undertakings by sally

“A former employee who was awaiting an appeal against her dismissal was not ’employed’ for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), the Employment Appeal Tribunal (EAT) has ruled.”

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OUT-LAW.com, 17th May 2013

Source: www.out-law.com

Balance of Competences Review: Call for Evidence on Civil Judicial Cooperation (including family matters) – Ministry of Justice

Posted May 20th, 2013 in civil justice, consultations, EC law, news by sally

“The Balance of Competences Review, launched by the Government last summer, is an opportunity for people to have their say on what the EU does and how it affects the UK. This piece of work will deepen our understanding of EU membership, and help shape the UK’s policies in relation to the EU.”

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Ministry of Justice, 16th May 2013

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

Night Shelters, dwellings and housing benefit – NearlyLegal

Posted May 20th, 2013 in benefits, homelessness, hotels, housing, local government, news, tribunals by sally

“This a late note on OR -v- Secretary of State for Work and Pensions and Isle of Anglesey CC [2013] UKUT 065 (AAC) because, bluntly, I had read it quickly at the time and overlooked its broader significance.”

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NearlyLegal, 19th May 2013

Source: www.nearlylegal.co.uk

Roundtable: immigration – Law Society’s Gazette

Posted May 20th, 2013 in contracting out, deportation, government departments, human rights, immigration, news, visas by sally

“Immigration has proved a toxic issue for recent Home Office ministers. In 2004 home secretary David Blunkett resigned following revelations that a visa application had been fast-tracked. Immigration minister Beverley Hughes resigned after admitting she ‘unwittingly’ misled people about a suspected visa ‘scam’. Charles Clarke resigned as home secretary in 2006 after intense pressure over the release of foreign prisoners who could have been deported at the end of their custodial term.”

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Law Society’s Gazette, 20th May 2013

Source: www.lawgazette.co.uk

Mairead Philpott to appeal against 17-year jail sentence – The Guardian

Posted May 20th, 2013 in appeals, arson, homicide, news, sentencing by sally

“A mother jailed for 17 years for killing her six children in a house fire is to appeal against the length of her sentence, her lawyers have said.”

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The Guardian, 19th May 2013

Source: www.guardian.co.uk

Detainees win torture claims test case – BBC News

Posted May 20th, 2013 in asylum, compensation, detention, immigration, news, torture by sally

“Hundreds of people who were tortured before seeking asylum in the UK could seek compensation and release from immigration detention.”

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BBC News, 17th May 2013

Source: www.bbc.co.uk

Damages under section 13 DPA: Court of Appeal’s judgment in Halliday – Panopticon

Posted May 20th, 2013 in appeals, compensation, damages, data protection, news by sally

“I blogged a while ago about the ex tempore judgment from the Court of Appeal in a potentially groundbreaking case on damages under section 13 of the DPA, namely Halliday v Creation Consumer Finance [2013] EWCA Civ 333. The point of potential importance was that ‘nominal damages’ appeared to suffice for the purposes of section 13(1), thereby opening up section 13(2). In short, the point is that claimants under the DPA cannot be compensated for distress unless they have also suffered financial harm. A ‘nominal damages’ approach to the concept of financial harm threatened to make the DPA’s compensation regime dramatically more claimant-friendly.”

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Panopticon, 17th May 2013

Source: www.panopticonblog.com

Button Moon creator Ian Allen wins court copyright fight – BBC News

“The creator of children’s TV show Button Moon has won a damages claim against a businessman he said copied his designs on T-shirts and mugs.”

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BBC News, 17th May 2013

Source: www.bbc.co.uk

Fair inquest for Litvinenko impossible, judge warns – The Independent

Posted May 20th, 2013 in closed material, disclosure, evidence, inquests, intelligence services, news, Russia by sally

“Hearing in danger of collapse after British Government’s accused of evidence cover-up.”

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The Independent, 17th May 2013

Source: www.independent.co.uk

Trainee lawyer was denied permanent contract when she became pregnant – The Guardian

Posted May 20th, 2013 in compensation, employment tribunals, equality, news, pregnancy, sex discrimination, solicitors by sally

“A trainee lawyer is in line for compensation from a top City law firm after winning her case for discrimination after she missed out on a job because she was pregnant.”

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The Guardian, 19th May 2013

Source: www.guardian.co.uk