Boardman v Governing Body of Clarence High School and another – WLR Daily

Posted April 22nd, 2013 in appeals, bias, employment tribunals, law reports, proportionality, unfair dismissal by sally

Boardman v Governing Body of Clarence High School and another [2013] EWCA Civ 198; [2013] WLR (D) 145

“It was axiomatic that the Employment Appeal Tribunal could only interfere with the decision of an employment tribunal if it identified an error of law. In relation to unfair dismissal the appeal tribunal had to address the issue of whether the employment tribunal had found that the employer had satisfied the reasonable responses test and any criticisms of the employment tribunal were to be directed at that issue.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

George v Ministry of Justice – WLR Daily

Posted April 22nd, 2013 in appeals, contract of employment, flexible working, law reports, prison officers by sally

George v Ministry of Justice [2013] EWCA Civ 324; [2013] WLR (D) 144

“A provision in a collective agreement allowing for time off in lieu within a specified period where a prison officer was requested to work extra hours was not contractual.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Colloseum Holding AG v Levi Strauss & Co – WLR Daily

Posted April 22nd, 2013 in EC law, law reports, trade marks by sally

Colloseum Holding AG v Levi Strauss & Co (Case C–12/12); [2013] WLR (D) 143

“The condition of ‘genuine use’ of a trade mark, within the meaning of article 15(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, was satisfied where a registered trade mark, which had become distinctive as a result of the use of another composite mark of which it constituted one of the elements, was used only through that other composite mark, or where it was used only in conjunction with another mark, and the combination of those two marks was, furthermore, itself registered as a trade mark.”

WLR Daily, 18th April 2013

Source: www.iclr.co.uk

Jacob Rowbottom: A surprise ruling? Strasbourg upholds the ban on paid political ads on TV and Radio – UK Constitutional Law Group

Posted April 22nd, 2013 in advertising, animal cruelty, freedom of expression, human rights, media, news, political parties, proportionality by sally

“The European Court of Human Rights has given its decision in Animal Defenders International , holding that the ban on political advertising on the broadcast media does not violate Article 10. I had been convinced that the Strasbourg Court, following earlier decisions in Switzerland and Norway, would come to the opposite conclusion – but I am relieved that they did not. The ban on political ads has been a crucial measure that has helped to keep the cost of politics down in the UK. That said, it was a close shave. The ban was upheld by a majority of 9, with 8 dissenting. The decision was published earlier this morning, so what follows are my initial thoughts.”

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UK Constitutional Law Group, 22nd April 2013

Source: www.ukconstitutionallaw.org

Cutting to the chase – New Law Journal

Posted April 22nd, 2013 in case management, costs, damages, doctors, expert witnesses, news, personal injuries by sally

“The Jackson and associated reforms in civil court procedure are largely now in place. Extended ‘tracks’ and ‘portals’, reduced fixed fees, costs budgeting and non-recoverability of success fees will force lawyers to take a close look at the costs incurred in presenting an injury claim and how most efficiently to put the claim together. The medical report is essential, providing the foundations of much of the claim.”

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New Law Journal, 19th April 2013

Source: www.newlawjournal.co.uk

The new model – New Law Journal

Posted April 22nd, 2013 in budgets, internet, legal aid, legal representation, litigants in person, news by sally

“Labour’s Lord Bach fought a good deal harder in the House of Lords to defend legal aid from the coalition’s cuts than many of his colleagues. But, the key provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are now in force. Civil legal aid will never again have the comprehensive coverage that once it did: in particular, partners whose relationships break down are going to have a particularly hard time. No government, realistically, is going to restart funding at past levels. What can be done to assist the women who are most likely to be the major victims of these cuts?”

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New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

Court awards anonymity for victim of libellous “paedophile” allegations – UK Human Rights Blog

Posted April 22nd, 2013 in blackmail, child abuse, compensation, damages, defamation, fraud, internet, news, victims by sally

“The permanent damage that internet publications can inflict is very much the focus of Tugendhat J’s assessment of damages in this case, encapsulated in the memorable description he quoted in an earlier judgment: ‘what is to be found on the internet may become like a tattoo’.”

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UK Human Rights Blog, 21st April 2013

Source: www.ukhumanrightsblog.com

Law Commission proposes changes to ‘groundless threats’ IP laws – OUT-LAW.com

Posted April 22nd, 2013 in competition, consultations, enforcement, intellectual property, Law Commission, news, patents, trade marks by sally

“A law reform body has proposed changes to the law that would make it easier for businesses seeking to protect their trade marks and design rights to make threats of legal action against alleged infringers of their rights without fear that those threats could be the subject of court action.”

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OUT-LAW.com, 22nd April 2013

Source: www.out-law.com

Jihadist suspect cannot be extradited to United States because of his mental illness – UK Human Rights Blog

Posted April 22nd, 2013 in appeals, conspiracy, extradition, human rights, mental health, news, terrorism by sally

“The Strasbourg Court has ruled that a terrorist suspect detained in the United Kingdom’s Broadmoor hospital should not be extradited to the United States because of the risk that his mental condition would deteriorate there.”

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UK Human Rights Blog, 21st April 2013

Source: www.ukhumanrightsblog.com

Home Office faces legal action unless it reveals details of ‘Snooper’s charter’ – Daily Telegraph

Posted April 22nd, 2013 in bills, disclosure, freedom of information, government departments, human rights, internet, news, privacy, telecommunications by sally

“The Home Office is facing legal action unless it reveals key details of its so-called Snooper’s Charter.”

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Daily Telegraph, 20th April 2013

Source: www.telegraph.co.uk

Last British resident in Guantánamo ‘may never be allowed home’ – The Guardian

Posted April 22nd, 2013 in demonstrations, detention, intelligence services, news, police, torture by sally

“The last British resident being held in Guantánamo Bay may never be allowed to return to his family in London because of an alleged ‘secret deal’ between US authorities, Saudi Arabia and the British security services.”

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The Guardian, 20th April 2013

Source: www.guardian.co.uk

Local authority ordered to pay substantial costs in family human rights case – UK Human Rights Blog

Posted April 22nd, 2013 in adoption, children, costs, families, human rights, local government, news, placement orders by sally

“This was a costs application arising from an extremely important decision by Peter Jackson J in June 2012 (see Alasdair Henderson’s post here and read judgment).”

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UK Human Rights Blog, 19th April 2013

Source: www.ukhumanrightsblog.com

Christians launch landmark human rights case – Daily Telegraph

Posted April 22nd, 2013 in Christianity, freedom of expression, health & safety, human rights, interpretation, news, religious discrimination by sally

“Christians are to launch a landmark legal case arguing their religion is being treated as a ‘thought crime’ by government and courts.”

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Daily Telegraph, 20th April 2013

Source: www.telegraph.co.uk

Justice by postcode: variety in magistrates’ sentences revealed – The Independent

Posted April 22nd, 2013 in magistrates, news, recidivists, sentencing, statistics by sally

“The number of criminals sent to prison by magistrates in England and Wales varies dramatically depending on which court does the sentencing, research reveals today.”

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The Independent, 22nd April 2013

Source: www.independent.co.uk

Lesley Kemp faces libel suit over Twitter comments – BBC News

Posted April 22nd, 2013 in defamation, fees, internet, legal representation, news by sally

“A woman who complained about an unpaid £146 invoice is facing a libel battle that could cost her more than £100,000.”

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BBC News, 19th April 2013

Source: www.bbc.co.uk

UK ban on political advertising may be lifted – The Independent

Posted April 22nd, 2013 in advertising, animal cruelty, freedom of expression, human rights, media, news, political parties by sally

“Britain may be forced to lift its ban on political advertising when the European Court of Human Rights (ECHR) rules on its lawfulness tomorrow.”

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The Independent, 21st April 2013

Source: www.independent.co.uk

Minorities stopped disproportionally in decade after Macpherson report – The Guardian

Posted April 22nd, 2013 in equality, murder, news, police, racism, statistics, stop and search by sally

“Ethnic minority Britons were subjected to nearly one-and-a-half million more stop and searches in the 10 years after the Macpherson inquiry than if the police had treated them the same as white people, the Guardian can reveal.”

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The Guardian, 22nd April 2013

Source: www.guardian.co.uk

A history of violence: is Clare’s Law working? – The Guardian

Posted April 22nd, 2013 in criminal records, disclosure, domestic violence, murder, news, privacy by sally

“When Clare Wood was murdered by her ex-boyfriend, a scheme was set up to allow women to see details of their partner’s violent past. Six months on, Steve Boggan finds out if ‘Clare’s Law’ is working.”

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The Guardian, 21st April 2013

Source: www.guardian.co.uk

Osborne in legal challenge to European Commission over financial transaction tax – The Independent

Posted April 22nd, 2013 in EC law, jurisdiction, news, taxation by sally

“Chancellor George Osborne said an application had been lodged at the European Court of Justice to challenge the decision allowing 11 members of the European Union to press ahead with the plans.”

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The Independent, 20th April 2013

Source: www.independent.co.uk

Stephen Lawrence: how his murder changed the legal landscape – The Guardian

Posted April 22nd, 2013 in diversity, equality, murder, news, police, racism, statistics, stop and search by sally

“The Macpherson report made 70 recommendations – 67 led to specific changes in practice or law within two years of publication.”

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The Guardian, 22nd April 2013

Source: www.guardian.co.uk