Charles Terence Estates Ltd v Cornwall Council – WLR Daily

Posted November 16th, 2012 in fiduciary duty, homelessness, housing, law reports, local government by sally

Charles Terence Estates Ltd v Cornwall Council: [2012] EWCA Civ 1439;   [2012] WLR (D)  326

“It was not appropriate to circumscribe a local authority’s power to acquire houses in order to provide accommodation for unintentionally homeless in priority need by limiting the power to acquire at a reasonable price.”

WLR daily, 13th November 2012

Source: www.iclr.co.uk

Hollister Inc and another v Medix Ostomy Supplies Ltd – WLR Daily

Posted November 16th, 2012 in costs, law reports, patents, proportionality by sally

Hollister Inc and another v Medix Ostomy Supplies Ltd: [2012] EWCA Civ 1419; [2012] WLR (D) 327

“When taking an account of costs on a normal basis under English law following infringement of a trade mark, the court was not required or permitted to assess damage caused to the claimant by the infringement nor to embark on a general inquiry into proportionality of the remedy nor to weigh factors which would point to a higher or a lower award. When the court calculated net profits it was not permissible for a defendant to allocate a proportion of its general overheads to an infringing activity.”

WLR Daily, 9th November 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 16th, 2012 in legislation by sally

The Customs (Inspections by Her Majesty’s Inspectors of Constabulary and the Scottish Inspectors) Regulations 2012

The Feed-in Tariffs Order 2012

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted November 16th, 2012 in parliamentary papers by sally

Protocol between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation amending the Convention for the Avoidance of Double Taxation with respect to Taxes on Income, signed at London on 8 December 1977, as amended by the Protocols signed at London on 5 March 1981, at Bern on 17 December 1993 and at London on 26 June 2007, with Additional Protocol: London, 7 September 2009, Cm 8484 (PDF)

Exchange of notes extending the agreement between the government of the United Kingdom of Great Britain and Northern Ireland and the government of the Republic of Honduras for the promotion and protection of investments done at Tegucigalpa on 7 December 1993 to the Isle of Man and the Baliwicks of Guernsey and Jersey: Tegucigalpa, 13 September 2001 and 11 December 2001, Cm 8485 (PDF)

Measuring child poverty: a consultation on better measures of child poverty,Cm 8483 (PDF)

Memorandum to the Business, Innovation and Skills Select Committee: post-legislative assessment of the Further Education and Training Act 2007, Cm 8479 (PDF)

Source: www.legislation.gov.uk

Abu Qatada: in the public interest – UK Human Rights Blog

Posted November 16th, 2012 in appeals, deportation, human rights, news, public interest, terrorism, torture by sally

“You may have heard that the Special Immigration Appeals Commission (SIAC) decided on Tuesday that Abu Qatada, an alleged terrorist who has been detained for the best part of the last seven years awaiting deportation to his native Jordan, cannot be deported. There would be a real risk, ruled SIAC, that he would face a flagrant denial of justice in his ensuing trial.”

Full story

UK Human Rights Blog, 16th November 2012

Source: www.ukhumanrightsblog.com

Nature not reach of Twitter messages should determine whether prosecutions should be pursued, says expert – OUT-LAW.com

Posted November 16th, 2012 in internet, malicious communications, news, prosecutions by sally

“The nature of messages posted on social media platforms and not how many people read those comments should determine whether public prosecutors pursue legal action against those that breach UK communications laws, an expert has said.”

Full story

OUT-LAW.com, 15th November 2012

Source: www.out-law.com

OFT to investigate fairness of personalised pricing – OUT-LAW.com

Posted November 16th, 2012 in consumer protection, internet, news by sally

“The Office of Fair Trading (OFT) will investigate the use of ‘personalised pricing’ in a bid to discover if the practice treats consumers fairly.”

Full story

OUT-LAW.com, 15th November 2012

Source: www.out-law.com

 

Teenager who killed best friend in car crash jailed – Daily Telegraph

Posted November 16th, 2012 in careless driving, homicide, news, sentencing, young offenders by sally

“A teenager who killed her best friend after crashing her car into a tree while ‘showing off’ has been jailed for six months, as their grieving families have to be separated by police in court.”

Full story

Daily Telegraph, 15th November 2012

Source: www.telegraph.co.uk

Test case could dictate admissions policy in faith schools – Daily Telegraph

“New faith schools could be forced to admit pupils from non-religious backgrounds if a judicial review currently being heard in the High Court is successful.”

Full story

Daily Telegraph, 15th November 2012

Source: www.telegraph.co.uk

Ofcom to investigate potential racial stereotyping in Big Fat Gypsy Weddings – The Guardian

Posted November 16th, 2012 in complaints, media, news, racism, travellers by sally

“Ofcom has launched an investigation into whether Channel 4’s Big Fat Gypsy Weddings unfairly racially stereotyped the UK’s Gypsy and Traveller communities.”

Full story

The Guardian, 15th November 2012

Source: www.guardian.co.uk

 

Lord McAlpine case shows need for a public interest defence in libel – The Guardian

Posted November 16th, 2012 in damages, defamation, defences, media, news, public interest by sally

“The Newsnight scandal shows that the status quo does very little for defamation victims.”

Full story

The Guardian, 16th November 2012

Source: www.guardian.co.uk

Matthew Freud banned for driving at 117mph with son – BBC News

Posted November 16th, 2012 in fines, news, road traffic offences by sally

“PR guru Matthew Freud has been banned from driving after being caught at 117mph (188km/h) with his young son asleep in the front of the car.”

Full story

BBC News, 15th November 2012

Source: www.bbc.co.uk

Lord McAlpine pursues claims over sex abuse slur – The Independent

Posted November 16th, 2012 in child abuse, defamation, media, news, sexual offences by sally

“Former Conservative politician Lord McAlpine has commenced legal action against a long list of organisations and individuals who wrongly linked him to a paedophile ring after coming to a £185,000 settlement with the BBC.”

Full story

The Independent, 16th November 2012

Source: www.independent.co.uk

 

Two-timed women can keep money after being cleared of insider dealing – Daily Telegraph

Posted November 16th, 2012 in insider dealing, news by sally

“Two women who between them made more than £600,000 by following share tips from their two-timing banker boyfriend are set to keep the money after they were cleared of insider trading.”

Full story

Daily Telegraph, 15th November 2012

Source: www.telegraph.co.uk

Child protection standards slide in Edlington torture case council – Daily Telegraph

Posted November 16th, 2012 in child abuse, child neglect, children, news, reports, social services, violence by sally

“Child protection standards in the social services department at the centre of the Edlington torture scandal have got worse rather then better despite high-profile Government intervention, a report will show today.”

Full story

Daily Telegraph, 16th November 2012

Source: www.telegraph.co.uk

Retention and disclosure of police caution data infringe Article 8 – UK Human Rights Blog

Posted November 15th, 2012 in cautions, criminal records, human rights, news, Northern Ireland, vetting by sally

“The European Court of Human Rights yesterday handed down a Chamber judgment in declaring that the arrangements for the indefinite retention of data relating to a person’s caution in a criminal matter and for the disclosure of such data in criminal record checks infringe Article 8 of the ECHR.”

Full story

UK Human Rights Blog, 15th November 2012

Source: www.ukhumanrightsblog.com

EAT provides clarity on what it means to provide a “short-term” service – OUT-LAW.com

Posted November 15th, 2012 in appeals, employment tribunals, news, transfer of undertakings by sally

“A contract for a ‘single specific event’ need not necessarily be of ‘short-term duration’ to prevent workers being caught by regulations governing the employment rights and status of a particular worker when there is a change in service provider, the Employment Appeal Tribunal (EAT) has said.”

Full story

OUT-LAW.com, 15th November 2012

Source: www.out-law.com

Railway guard Christopher McGee jailed for manslaughter after ‘seconds of negligence’ caused death of drunk teenage girl who fell underneath train – The Independent

Posted November 15th, 2012 in homicide, negligence, news, railways, sentencing by sally

“A railway guard has been sentenced to five years in prison for the manslaughter of a drunk teenager, after he signalled for a train to move as she was leaning against the carriage.”

Full story

The Independent, 15th November 2012

Source: www.independent.co.uk

Jackson ‘will fuel conflicts’ – Law Society’s Gazette

Posted November 15th, 2012 in barristers, conflict of interest, fees, news by sally

“The Jackson reforms will heighten potential conflicts of interest where barristers are dealing directly with the public, experts at the bar conference warned last week.”

Full story

Law Society’s Gazette, 15th November 2012

Source: www.lawgazette.co.uk

Proportionality: the way ahead? – Speech by The Rt. Hon. Lady Justice Arden DBE

Posted November 15th, 2012 in judges, news, proportionality, speeches by sally

Proportionality: the way ahead? (PDF)

Speech by The Rt. Hon. Lady Justice Arden DBE

United Kingdom Association of European Law Annual Address, 12th November 2012

Source: www.judiciary.gov.uk