“The Court of Appeal has hit out at lengthy and complex skeleton arguments, describing them as the ‘bane’ of commercial litigation and warning that failing to comply with the practice directions on them will result in costs sanctions.”
Litigation Futures, 8th May 2013
Source: www.litigationfutures.com
“One of the issues which commonly arises for information law practitioners is the question, which arises under both FOIA and the EIR, of whether a public authority actually holds the information which has been requested. The leading case on section 1(1) FOIA is University of Newcastle v IC & British Union for the Abolition of Vivisection [2011] UKUT 185 (AAC), [2011] 2 Info LR 54 and substantially the same approach has been adopted in, for example, Keiller v IC and University of East Anglia [2012] 1 Info LR 128 and Clyne v IC & London Borough of Lambeth [2012] 2 Info LR 24 in relation to regulation 3(2) EIR. What is required is a common-sense and non-technical approach. That, of course, is easier stated than applied.”
Panopticon, 7th May 2013
Source: www.panopticonblog.com
“An individual can bring a claim against a former employer for victimisation that took place after the employment ended, the Employment Appeal Tribunal (EAT) has said.”
OUT-LAW.com, 8th May 2013
Source: www.out-law.com
“Parliament is to be asked to consider the case for legalising assisted dying for terminally ill patients who have less than six months to live.”
BBC News, 7th May 2013
Source: www.bbc.co.uk
“An edition of BBC1’s Panorama has breached the Ofcom code after a man who was supposed to remain anonymous was identified by his friends.”
Daily Telegraph, 7th May 2013
Source: www.telegraph.co.uk
“An advert for an essay writing service has been banned for implying that students had a moneyback guarantee that they would get the grade they wanted.”
The Guardian, 8th May 2013
Source: www.guardian.co.uk
“Freedom of Information request reveals extent of stun-gun use by police in psychiatric wards.”
The Independent, 7th May 2013
Source: www.independent.co.uk
“A TV campaign fronted by former bankrupt Kerry Katona offering payday loans with the strapline ‘fast cash for fast lives’ has been banned for being irresponsible.”
The Guardian, 8th May 2013
Source: www.guardian.co.uk
“More than 1,000 sex offenders have received police cautions in the east of England rather than face court proceedings, it has emerged.”
BBC News, 8th May 2013
Source: www.bbc.co.uk
“A 93-year-old former British serviceman vowed to spend the rest of his life, if necessary, fighting for the right to vote after Strasbourg judges rejected his case.”
The Independent, 7th May 2013
Source: www.independent.co.uk
“Photographers and other rights holders will help define what constitutes a ‘diligent search’ for the author of copyrighted material as part of reforms to rules on ‘orphan works’ licensing, Out-Law.com has learned.”
OUT-LAW.com, 7th May 2013
Source: www.out-law.com
“Ahead of the 2013 state opening of parliament, we look at how long the Queen’s speech has been over the last two decades, and how many bills it introduced.”
The Guardian, 7th May 2013
Source: www.guardian.co.uk
“Dave Phillips and Naomi Madderson, members of the child care team at 37 Park Square Chambers, consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed and in which the authors acted.”
Family Law Week, 6th May 2013
Source: www.familylawweek.co.uk
Regina (JL) v Secretary of State for Defence [2013] EWCA Civ 449; [2013] WLR (D) 161
The occupant of a house was entitled to rely upon article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, entitling the occupant to a proportionality review, by way of opposition to the enforcement of a possession order already obtained by the owner in the exceptional circumstances where there had been a substantial change of circumstances which gave rise for the first time to an article 8 issue which neither was nor could have been pursued prior to the making of the possession order.
WLR Daily, 30th April 2013
Source: www.iclr.co.uk
“‘The budgeting of multi-track litigation is the most important of costs reforms that lawyers should prepare for’ advises Professor Dominic Regan, the leading expert in civil litigation (‘Not the end of the story?’). So, how should we—judges and professional civil litigators— ‘prepare’ now that the Jackson reforms are a reality? The short answer is CPD Training: Chapter 40 and Recommendations 89 and 90 of the Jackson Report (Review of Civil Litigation Costs: Final Report, December 2009).”
New Law Journal, 2nd May 2013
Source: www.newlawjournal.co.uk
“As I mentioned in “Intellectual Property Litigation – the Funding Options” 10 April 2013, it was possible until the 31 March 2013 for a litigant to enter an agreement with his or her solicitors and counsel known as a conditional fee agreement (‘CFA’) whereby the lawyers would look to the other side for payment not only of their assessed costs but also of an uplift known as a success fee and the premium for insurance against their own and the other side’s costs in case of failure known as after-the-event (‘ATE’) insurance if they won the case or obtained a satisfactory settlement. As I also mentioned in that article, it is still possible to enter a CFA but any success fee and ATE insurance premium must now be paid by the successful party – usually out of any damages or accountable profits he or she may receive.”
NIPC Law, 4th May 2013
Source: www.nipclaw.blogspot.co.uk
“It is understandable that so much attention has been directed at the recent costs and funding changes. However, the reach of Jackson is far greater. Any step or process has an inevitable cost attached to it and now is the time to look at how the disclosure process will change under the new regime.”
New Law Journal, 2nd May 2013
Source: www.newlawjournal.co.uk
“In our article ‘Rape Defendant Anonymity’ last year ((2012) 176 JPN pp.5-8 and 24-26) we suggested that there was a strong case for banning the publication of the identities of rape defendants prior to any conviction. We included this as part of our submission to Lord Justice Leveson’s inquiry into the press, suggesting that he should consider the issue as part of his remit. Tucked away in the depths of the report (The Report into the Culture, Practices and Ethics of the Press, November 29, 2012 at G Ch 3 para.2.39), whether or not in response to our submission the relevant text does not make clear, Leveson proposes that, other than in exceptional circumstances, the names of suspects and arrested people (referred to as ‘arrestees’) should not be published and that police guidance relating to publication should be tightened up to reflect this. The Law Commission disagreed (Contempt of Court: A Consultation Paper, Number 209, Law Commission) but in a judicial response to the Consultation Paper, Lord Justice Treacy and Mr Justice Tugendhat – supported by many other senior Judges, including the President of the Queen’s Bench Division and the Senior Presiding Judge – backed Leveson (A Judicial Response to Law Commission Consultation Paper no.209, March 4, 2013, released April 9, 2013).”
Criminal Law and Justice Weekly, 4th May 2013
Source: www.criminallawandjustice.co.uk
“A teenager found covered in the blood of a 64-year-old man he stabbed 72 times has failed to cut his 28-year minimum jail term for the murder.”
BBC News, 3rd May 2013
Source: www.bbc.co.uk
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