Streaming service reproduces copyrighted films in memory buffers, High Court rules – OUT-LAW.com

Posted November 18th, 2011 in copyright, film industry, internet, news by tracey

“An internet streaming company does reproduce ‘a substantial part’ of films in ‘memory buffers’ contained on its servers when it relays films to users of its service, the High Court has ruled.”

Full story

OUT-LAW.com, 17th November 2011

Source: www.out-law.com

Mobile phones no longer exempt from trader phone tapping rules – OUT-LAW.com

Posted November 18th, 2011 in data protection, financial regulation, news, telecommunications by tracey

“Investment banks and financial traders in the UK must now record the mobile phone conversations of their staff following the closure of a regulatory loophole.”

Full story

OUT-LAW.com, 17th November 2011

Source: www.out-law.com

In re an application by the General Dental Council (Savery and others, interested parties) – WLR Daily

Posted November 18th, 2011 in dentists, disclosure, law reports, medical records, professional conduct by tracey

In re an application by the General Dental Council (Savery and others, interested parties):[2011] EWHC 3011 (Admin);  [2011] WLR (D)  332

“The General Dental Council was under no obligation to obtain an order of the court for permission to use and disclose dental records of patients for the purposes of investigating allegations of professional misconduct against a registered dentist even where the patients in question objected to the disclosure or did not consent to it.”

WLR Daily, 16th November 2011

Source: www.iclr.co.uk

Zarb and another v Parry and another – WLR Daily

Posted November 18th, 2011 in adverse possession, land registration, law reports by tracey

Zarb and another v Parry and another: [2011] EWCA Civ 1306;  [2011] WLR (D)  331

“To defeat a claim to title to land by adverse possession under the Land Registration Act 2002 on the basis of an interruption which stopped time running, the paper title owner was required to show possession to the exclusion of the person claiming adverse possession.”

WLR Daily, 15th November 2011

Source: www.iclr.co.uk

eDate Advertising GmbH v X: Martinez and another v MGN Ltd – WLR Daily

Posted November 18th, 2011 in choice of forum, EC law, electronic commerce, law reports, privacy by tracey

eDate Advertising GmbH v X: Martinez and another v MGN Ltd; (Joined Cases C-509/09 and C-161/10);  [2011] WLR (D)  330

“Under article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 a person who considered that his privacy rights had been infringed by content placed online on an internet website had the option of bringing an action either before the courts of the member state in which the publisher of that content was established or before the courts of the member state in which the centre of his interests was based. Under article 3 of Directive 2000/31/EC (‘the E-Commerce Directive’) member states had to ensure that, subject to the derogations authorised in accordance with the conditions set out in article 3(4), the provider of an electronic commerce service was not made subject to stricter requirements than those provided for by the substantive law applicable in the member state in which that service provider was established.”

WLR Daily, 25th October 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 18th, 2011 in legislation by tracey

The West Northamptonshire Development Corporation (Area and Constitution) (Amendment) Order 2011

The Al-Qaida (Asset-Freezing) Regulations 2011

The Double Taxation Relief and International Tax Enforcement (Ethiopia) Order 2011

The Double Taxation Relief and International Tax Enforcement (China) Order 2011

The Double Taxation Relief (Aircraft Crew) (Brazil) Order 2011

The Double Taxation Relief and International Tax
Enforcement (Armenia) Order 2011

The Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2011

The Rail Vehicle Accessibility (Middleton Railway Drewry Car) and (Cairngorm Funicular Railway) Exemption (Amendment) Order 2011

The Double Taxation Relief and International Tax Enforcement (Hungary) Order 2011

Source: www.legislation.gov.uk

The strengths and skills of the Judiciary in the Magistrates’ Courts – Ministry of Justice

Posted November 18th, 2011 in judiciary, magistrates, reports by tracey

“This research assessed the strengths and skills of magistrates and District Judges to inform better deployment of the judiciary in magistrates’ courts.”

Full report

Ministry of Justice, 15th November 2011

Source: www.justice.gov.uk

Are professional judges better than lay magistrates? – The Guardian

Posted November 18th, 2011 in judiciary, magistrates, news by tracey

“A Ministry of Justice report suggests the difference is less than some imagine.”

Full story

The Guardian, 17th November 2011

Source: www.guardian.co.uk

Lawrence judge’s fury at magazine article – The Independent

Posted November 18th, 2011 in contempt of court, juries, media, news by tracey

” The judge in the Stephen Lawrence murder trial has asked the Attorney General to consider criminal charges over an article written by the former editor of Radio 4’s Today programme, Rod Liddle, which appears in the current edition of the Spectator magazine.”

Full story

The Independent, 18th November 2011

Source: www.independent.co.uk

 

2012/13 Budget Proposals: Consultation with the Profession – The Bar Council

Posted November 18th, 2011 in barristers, budgets, fees, press releases by tracey

“The Treasurer is inviting the practising Bar to review the Bar Council’s income & expenditure proposals for 2012/13 and the associated ramifications for the Practising Certificate Fee (PCF). Individuals, chambers, employers, SBAs, Circuits and Bar Council committees are all urged to take this opportunity to comment on the proposals.”

Full press release

The Bar Council, 17th November 2011

Source: www.barcouncil.org.uk

Freedom of information – no longer the Cinderella of rights – UK Human Rights Blog

Posted November 18th, 2011 in freedom of expression, freedom of information, news by tracey

“There is no doubt that freedom of expression plays a starring role in the human rights fairy tale. While she is carried aloft on the soaring rhetoric of citizens’ rights from the newsrooms to protesters’ rallies, the right to information, her shy stepsister, is rarely allowed out. How can that be? Surely we can’t have the one without the other?”

Full story

UK Human Rights Blog, 17th November 2011

Source: http://ukhumanrightsblog.com

Child rapist Roger Gleaves in ‘slopping out’ court case – BBC News

Posted November 18th, 2011 in human rights, news, prisons by tracey

“A rapist who had to use a bucket as a toilet at an Isle of Wight prison has claimed a breach of his human rights.”

Full story

BBC News, 17th November 2011

Source: www.bbc.co.uk

Legal aid cuts undermine constitutional right to access to justice, peers warn – The Guardian

Posted November 18th, 2011 in budgets, constitutional law, legal aid, news by tracey

“Government proposals to slice £350m out the annual legal aid budget undermine the constitutional principle that citizens must have access to justice, a senior House of Lords committee has warned. Issued by the constitution select committee, which includes prominent crossbench and Conservative peers, the report is a significant challenge to the legal aid, sentencing and punishment of offenders bill days before its second reading in the upper house.”

Full story

The Guardian, 17th November 2011

Source: www.guardian.co.uk

Boys’ wrestling can continue at cage-fight club, council says – The Guardian

Posted November 18th, 2011 in children, licensing, local government, news, sport by tracey

“A social club where two young boys took part in a cage-fighting event can continue to hold similar bouts even though it breached its licence, councillors said on Thursday.”

Full story

The Guardian, 17th November 2011

Source: www.guardian.co.uk

Woman who sold vase for £228,000 ordered to pay cash to its real owner – Daily Telegraph

Posted November 18th, 2011 in news, sale of goods, title to goods by tracey

“A woman whose ‘ugly’ vase sold at auction for an unexpected £228,000 has been ordered to pay the windfall to her ex boyfriend’s mother after a court ruled that it was not hers to sell.”

Full story

Daily Telegraph, 17th November 2011

Source: www.telegraph.co.uk

Review critical of Cardiff killer Leyton Williams’ care – BBC News

Posted November 17th, 2011 in homicide, mental health, news, recidivists, reports by tracey

“A violent man with a history of mental illness went on to kill months after being released from prison without any supervision or care, says a report.”

Full story

BBC News, 17th November 2011

Source: www.bbc.co.uk

Fortnum & Mason protesters convicted of aggravated trespass – The Guardian

Posted November 17th, 2011 in conditional discharge, costs, demonstrations, fines, news, trespass by tracey

“Anti-tax avoidance protesters from the group UK Uncut have been found guilty of aggravated trespass after more than 150 people occupied a luxury food retailer during a TUC-organised demonstration last March.”

Full story

The Guardian, 17th November 2011

Source: www.guardian.co.uk

Couple jailed for ‘sham marriage’ in Cardiff – BBC News

Posted November 17th, 2011 in fraud, immigration, marriage, news, sentencing by tracey

“A bride and groom who were arrested on their wedding day have been jailed for trying to breach immigration laws after the marriage was exposed as a sham.”

Full story

BBC News, 16th November 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 17th, 2011 in law reports by tracey

Court of Appeal (Civil Division)

Dean & Dean Solicitors v Dionissiou -Moussaoui [2011] EWCA Civ 1331 (17 November 2011)

Court of Appeal (Criminal Division)

Vinall & Anor v R [2011] EWCA Crim 6252 (16 November 2011)

Carpenter, R v [2011] EWCA Crim 2568 (11 November 2011)

High Court (Administrative Court)

Glenn & Co (Essex) Ltd & Ors v HM Commissioners for Revenue and Customs & Anor [2011] EWHC 2998 (Admin) (16 November 2011)

Kisuule, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2966 (Admin) (16 November 2011)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2011] EWHC 2988 (Comm) (17 November 2011)

Seven Licensing Company Sarl & Anor v FFG-Platinum SA & Ors [2011] EWHC 2967 (Comm) (16 November 2011)

A.K.Kablo Imalat SAN VE TIC A.S. v Intamex S.A. [2011] EWHC 2970 (Comm) (16 November 2011)

High Court (Queen’s Bench Division)

Al Baho & Ors v Meerza [2011] EWHC 2984 (QB) (16 November 2011)

Source: www.bailii.org

 

Supreme Court’s ruling on cohabitees welcomed – Law Society’s Gazette

Posted November 17th, 2011 in cohabitation, news, Supreme Court by tracey

“Family lawyers have welcomed the Supreme Court’s landmark judgment on the division of assets between former cohabiting couples – but say the case highlights the need for law reform.”

Full story

Law Society’s Gazette, 17th November 2011

Source: www.lawgazette.co.uk