Restraint of Trade/Recent Authorities – 11 KBW

Posted June 8th, 2012 in employment, news, restraint of trade by sally

“As usual, the current crop of recent decisions in this area contain a real mix of the orthodox and the heterodox approach to the doctrine of restraint of trade, frequently within the same case. A good illustration of this is the case of Caterpillar Logistics Services (UK) Ltd v Paula Huesca De Crean [2012] EWCA Civ 156 which will be extensively covered in the talk to be delivered by Simon Forshaw on Confidential Information. I confine myself to observing that the ‘barring out’ injunction sought on the
basis of supposed fiduciary obligations was a restraint on working on a particular contract for a customer and not for a competitor.”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 8th, 2012 in legislation by sally

The National Patient Safety Agency (Amendment) Regulations 2012

The Traffic Management (Sheffield City Council) Permit Scheme Order 2012

The Traffic Management (Leeds City Council) Permit Scheme Order 2012

The National Patient Safety Agency (Establishment and Constitution) (Amendment) Order 2012

The Iran (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012

Source: www.legislation.gov.uk

New licence will allow law firm clients free access to publishers’ work – OUT-LAW.com

Posted June 8th, 2012 in copyright, internet, law firms, licensing, news by sally

“Organisations will be able to obtain free access to some publishers’ digital content through their law firm under a new licensing option on offer by the Copyright Licensing Agency (CLA).”

Full story

OUT-LAW.com, 8th June 2012

Source: www.out-law.com

An ignoble day for the noble art: Haye v Chisora – Halsbury’s Law Exchange

Posted June 8th, 2012 in licensing, news, sport by sally

“Recently on Halsbury’s Law Exchange Simon Hetherington wrote a thoughtful piece on boxing. He stated candidly at the outset that he was not a boxing fan. For my own part, I admit to being an inveterate fan of the sport, although I haven’t followed it closely for a few years now. Even the most avid boxing fan, however, has to admit that the activity gives rise to serious moral and legal questions. And even if one finds satisfactory answers to those questions in principle, no-one can be happy – from a legal, moral or sporting perspective – with the way in which boxing is run, as the embarrassing saga of the planned fight between David Haye and Dereck Chisora demonstrates.”

Full story

Halsbury’s Law Exchange, 7th June 2012

Source: www.halsburyslawexchange.co.uk

NHS compensation to misdiagnosed patients rises to £98 million – Daily Telegraph

Posted June 8th, 2012 in compensation, doctors, hospitals, negligence, news by sally

“NHS payouts to patients whose conditions were misdiagnosed by medics increased by three-quarters in the last year to nearly £100 million.”

Full story

Daily Telegraph, 7th June 2012

Source: www.telegraph.co.uk

Call for curbs on legal lobbyists – Law Society’s Gazette

Posted June 8th, 2012 in law firms, lobbying, news, parliament by sally

“MPs have called for tighter restrictions on law firms that act as lobbyists for their clients. Firms should be forced to sign up to a new register for lobbyists if they are acting beyond simply advising their clients, they have urged.”

Full story

Law Society’s Gazette, 8th June 2012

Source: www.lawgazette.co.uk

#WithoutPrejudice 26: Spectator contempt – Hunt / Warsi and The Ministerial Code – The Case for ‘Code’ – Charon QC

Posted June 8th, 2012 in contempt of court, ministers' powers and duties, podcasts, professional conduct by sally

“On the panel tonight – Kim Evans, commissioning editor of The Justice Gap and ex government lawyer Carl Gardner, author of the Head of Legal blog.

Tonight’s topics are varied and raise important issues for the law.

The Spectator contempt case, Hunt, Warsi, the ministerial code and the meaning of quasi-judicial, Richard Moorhead’s ‘Case for code’.”

Podcast

Charon QC, 8th June 2012

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Dismissing workers at will ‘counterproductive’ – Law Society’s Gazette

Posted June 8th, 2012 in employment, news, small businesses, unfair dismissal by sally

“A group of 6,000 employment lawyers has warned that a proposal to cut red tape by allowing micro-businesses to sack staff who have done nothing wrong will not reduce tribunal claims.”

Full story

Law Society’s Gazette, 8th June 2012

Source: www.lawgazette.co.uk

Oxford don’s legal fight over price rise signals trouble for phone giant – The Independent

Posted June 8th, 2012 in consumer protection, contracts, news, telecommunications by sally

“An Oxford University don is locked in a battle of wits with one of Britain’s biggest companies over the small print in a contract, which he believes could offer hope for millions of mobile phone customers.”

Full story

The Independent, 7th June 2012

Source: www.independent.co.uk

Facebook to release ID of users who abused woman online – BBC News

Posted June 8th, 2012 in data protection, harassment, internet, news, privacy by sally

“A woman who was abused on the internet has won court backing in her bid to gain the identities of those who targeted her.”

Full story

BBC News, 7th June 2012

Source: www.bbc.co.uk

Working Time: Holidays – 11 KBW

Posted June 7th, 2012 in holiday pay, holidays, news, working time by sally

“Working time is a notoriously complex area, where the interplay between opaque judgments from the CJEU and the complexities of the Working Time Regulations 1998 is capable of causing uncertainty and confusion. Over the last 12 months, the most important working time cases have been on holidays. Some of those cases are likely to have significant financial impact for employers across the piece. This paper 1 attempts to navigate through them in a summary way, dealing with the three areas that are likely to be most important for employers and employees:
(i) What should ‘pay’ be for annual leave?
(ii) When can an employer insist that leave is taken?
(iii) What is the interplay between sickness absence and holiday pay/entitlement?”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Ready or Not…: Ground 8 and Potential Public Law Defences – Hardwicke Chambers

Posted June 7th, 2012 in adjournment, appeals, disability discrimination, housing, human rights, legal representation, news by sally

“It’s a scene which will be familiar to many housing law practitioners: a tenant turns up to a possession hearing, seeks representation from the duty solicitor, seeks to argue that there are issues of disability discrimination and human rights issues which make it necessary for proceedings to be adjourned, detailed directions to be given and a lengthy wait before arguments on the Equality Act 2010 and the Human Rights Act 1998 can be thrashed out in depth at a possession hearing.”

Full story

Hardwicke Chambers, 31st May 2012

Source: www.hardwicke.co.uk

BAILII: Recent Decisions

Posted June 7th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

A and B v Hampshire Constabulary [2012] EWHC 1517 (QB) (31 May 2012)

CXX v DXX [2012] EWHC 1535 (QB) (01 June 2012)

High Court (Family Division)

Revenue and Customs v Charman & Anor [2012] EWHC 1448 (Fam) (29 May 2012)

High Court (Technology and Construction Court)

Point West London Ltd v Mivan Ltd [2012] EWHC 1223 (TCC) (10 May 2012)

Source: www.bailii.org

Springboard Injunctions – 11 KBW

Posted June 7th, 2012 in contract of employment, injunctions, news by sally

“Whilst springboard injunctions are a well-established remedy, the precise circumstances in which they can be obtained, and their scope and duration, can often be unclear. Two recent decisions offer some helpful guidance. These are QBE Management Services Ltd v Dymoke [2012] EWHC 80 (QB) and Clear Edge UK Ltd v Elliot [2011] EWHC 3376 (QB).”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Birmingham riots: gang who shot at police jailed for up to 30 years – Daily Telegraph

Posted June 7th, 2012 in arson, firearms, gangs, news, sentencing, violent disorder by sally

“A gang who shot at officers during last summer’s riots were given sentences of up to 30 years today for what a judge described as a ‘concerted attack on the police’.”

Full story

Daily Telegraph, 7th June 2012

Source: www.telegraph.co.uk

The Verrier Prohibition Managing Regulatory Risk in High Court Proceedings – 11 KBW

Posted June 7th, 2012 in financial regulation, news by sally

“The regulatory risk inherent in High Court proceedings has always (rightly) been firmly on the radar of all litigators in financial services sector. For clients in this sector – be they Lloyds brokers, IDBs, or investment banks – any litigation which impugns their integrity or that of their executives may prove toxic. Fortunately it is relatively rare that these regulatory risks eventuate. This may be the result of careful strategic management, a (fortuitous) lack of regulatory interest, or because the FSA disposes of the concerns with a private warning.”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

No ‘real risk’ in patent expert sharing confidential information about former employer’s drug product, Court of Appeal rules – OUT-LAW.com

Posted June 7th, 2012 in appeals, confidentiality, injunctions, news, patent attorneys by sally

“A company cannot obtain an injunction banning a patent expert it used to employ from offering advice to her current employer on a legal dispute involving both firms, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 7th June 2012

Source: www.out-law.com

The Scope of Arbitration Agreements – No. 5 Chambers

Posted June 7th, 2012 in arbitration, contracts, news by sally

“PowerPoint slides by Professor Nelson Enonchong which were used at the 145th anniversary of the Budapest Lawyers Association.”

Slides (PDF)

No. 5 Chambers, 1st June 2012

Source: www.no5.com

Rights to Light – Ancient & Modern – Hardwicke Chambers

Posted June 7th, 2012 in easements, news, planning, right to light by sally

“Easements to light are one of the oldest property rights and the principles are very entrenched. However a spate of controversial cases over recent years and general feeling of panic among developers has encouraged the Law Commission to investigate:

‘whether the law by which rights to light are acquired and enforced provides an appropriate balance between the important interests of landowners and the need to facilitate the appropriate development of land.’

This article provides a recap of the current law in relation to rights to light and touch upon some of the problems faced by developers and landowners alike.”

Full story

Hardwicke Chambers, 7th June 2012

Source: www.hardwicke.co.uk

Whistleblowing – 11 KBW

Posted June 7th, 2012 in news, whistleblowers by sally

“In Parkins v Sodexho Ltd [2002] IRLR 109 the EAT held that an employee can make a protected disclosure about a breach of his own contract of employment. This opened up the possibility that almost any grievance raised by an employee might amount to a protected disclosure. The government has announced that the whistle blowing legislation was not intended to cover alleged breaches of an individual’s own contract of employment and intends to amend the legislation to reverse Parkins ‘when Parliamentary times allows’ (BIS Employment Law Review, Annual Update, March 2012).”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com