Copyright – Duchess of Sussex v Associated Newspapers Ltd – NIPC Law

Posted June 15th, 2021 in copyright, data protection, injunctions, media, misuse of private information, news, royal family by sally

‘At a directions hearing before Lord Justice Warby on 5 May 2021, His Lordship granted summary judgment to the Duchess of Sussex in her claim for copyright infringement against the publisher of The Mail on Sunday and The Mail Online. He made a number of consequential orders and gave directions for the taking of an account of profits. His judgment in Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 1245 (Ch) (12 May 2021) sets out the reasons for those orders and directions.’

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NIPC Law, 13th June 2021

Source: nipclaw.blogspot.com

Public inquiry opens into Met police killing of unarmed Jermaine Baker – The Guardian

Posted June 15th, 2021 in firearms, fugitive offenders, inquiries, news, police, prisons by sally

‘A public inquiry into the death of an unarmed man shot by a Metropolitan police marksman during a foiled prison break has heard that a bug in the getaway car picked up the occupants saying they did not have a real gun.’

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The Guardian, 14th June 2021

Source: www.theguardian.com

Call to curb return to practice of barristers suspended for sexual misconduct – Legal Futures

Posted June 15th, 2021 in barristers, continuing professional development, disciplinary procedures, harassment, news, sexual offences by sally

‘Barristers suspended for sexual misconduct should face conditions when they returning to practice, such as bans from taking pupils or being featured in legal directories, a campaigning group has recommended.’

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Legal Futures, 15th June 2021

Source: www.legalfutures.co.uk

Neo-Nazi ex-Ukip member jailed for 18 years for terror offences – The Guardian

Posted June 15th, 2021 in explosives, news, racism, sentencing, terrorism by sally

‘A former Ukip member who posted violent racist, antisemitic and Islamophobic propaganda online and collected the means for making bombs has been jailed for 18 years.’

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The Guardian, 14th June 2021

Source: www.theguardian.com

Police forces ‘don’t know how stalking law works’ – BBC News

Posted June 15th, 2021 in crime prevention, harassment, HIV, news, police, stalking by sally

‘New powers to protect stalking victims are not being used by some UK police forces, a BBC investigation has found.’

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BBC News, 15th June 2021

Source: www.bbc.co.uk

A Guide to Immigration Subject Access Requests – Richmond Chambers

Posted June 14th, 2021 in chambers articles, data protection, disclosure, freedom of information, government departments, immigration, news by sally

‘Subject Access Requests (SARs) are an essential tool for individuals and their lawyers, especially when it comes to immigration and nationality law. This post looks at what they are, why they are important, and how to make an Immigration Subject Access Request.’

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Richmond Chambers, 9th June 2021

Source: immigrationbarrister.co.uk

Family Affairs Financial Remedies Update June 2021 – St John’s Chambers

Posted June 14th, 2021 in chambers articles, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Not for the first time, the reported cases are dominated by parties with limited connection with England and Wales, or indeed with the quotidian financial experience of most of those involved in litigation before our courts. There is a handful of cases which address the impact of the pandemic but, as Judge Kloss observed in one, the fact that there has not been a ‘tsunami’ of Barder applications suggests that the exceptionality condition for such applications is being recognised.’

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St John's Chambers, 8th June 2021

Source: www.stjohnschambers.co.uk

Individuals and the court process: Proposed changes to CPR 45 in light of recent amendments to the overriding objective – St Philips Barristers

Posted June 14th, 2021 in chambers articles, civil procedure rules, courts, news, practice directions, witnesses by sally

‘Benjamin Clayton discusses proposed amendments to CPR 45, in the context of the recent update pertaining to vulnerable witnesses. Such changes not only take greater account of individual differences, but also put to bed long standing arguments between claimants and defendants.’

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St Philips Barristers, 4th June 2021

Source: st-philips.com

Court of Protection Newsletter – Spire Barristers

Posted June 14th, 2021 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 9th June 2021

Source: spirebarristers.co.uk

Britvic PLC v Britvic Pensions: Court of Appeal Decision Overturns High Court on Interpretation and “Corrective Construction” – Wilberforce Chambers

Posted June 14th, 2021 in appeals, chambers articles, contracts, interpretation, news, pensions by sally

‘The Court of Appeal has just handed down its decision in Britvic PLC v Britvic Pensions [2021] EWCA CIV 867, overturning the first instance High Court decision. It is a major decision on interpretation (applying principles applicable to contracts and other documents, and not just pension schemes). This note focuses on the interpretation issue of general application; a second note will touch on the pensions-specific aspects.’

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Wilberforce Chambers, 11th June 2021

Source: www.wilberforce.co.uk

BAILII: Recent Decisions

Posted June 14th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Steer v Stormsure Ltd [2021] EWCA Civ 887 (11 June 2021)

Court of Appeal (Criminal Division)

Popoola v R. [2021] EWCA Crim 842 (11 June 2021)

High Court (Administrative Court)

Popoviciu v Curtea De Apel Bucuresti (Romania) [2021] EWHC 1584 (Admin) (11 June 2021)

High Court (Chancery Division)

Hughes v Pritchard & Ors [2021] EWHC 1580 (Ch) (11 June 2021)

High Court (Family Division)

P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam) (14 June 2021)

K v T (Habitual Residence) [2021] EWHC 1525 (Fam) (11 June 2021)

High Court (Queen’s Bench Division)

SGI Legal LLP v Karatysz [2021] EWHC 1608 (QB) (11 June 2021)

Ayeh-Kumi v The Lord Chancellor & Anor [2021] EWHC 1564 (QB) (09 June 2021)

High Court (Technology and Construction Court)

Cartwright Pond Ltd v Wild [2021] EWHC 1600 (TCC) (11 June 2021)

Source: www.baili.org

Can an individual be a ‘worker’ if they are not obliged to accept any work at all? – 3PB

Posted June 14th, 2021 in chambers articles, employment, employment tribunals, holiday pay, news by sally

‘The Nursing and Midwifery Council (‘NMC’) is the regulator of Nurses and Midwives in the UK. Pursuant to the Nursing and Midwifery Order 2001, the NMC has a Fitness to Practise Committee (‘FTP’), which determines allegations of impairment of fitness to practise. The Claimant was appointed as a panel member and chair of the FTP for a four-year term on 16 April 2012. He was appointed for a further four-year term in April 2016.’

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3PB, 10th June 2021

Source: www.3pb.co.uk

Legal action launched over Boris Johnson award of peerage to Tory donor – The Independent

Posted June 14th, 2021 in corruption, government departments, judicial review, news, peerages & dignities, political parties by sally

‘Anti-corruption campaign the Good Law Project has launched a legal action over the award of a peerage to Conservative party donor Peter Cruddas. Boris Johnson overruled advice last year from the House of Lords Appointments Committee against making the businessman a Lord – the first time the watchdog’s recommendation has been ignored.’

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The Independent, 13th June 2021

Source: www.independent.co.uk

The Tort of Nuisance – Overlook it at Your Peril – 4 King’s Bench Walk

Posted June 14th, 2021 in chambers articles, news, nuisance by sally

‘In this month’s Construction Law 4KBW’s Chris Bryden (2003) and Georgia Whiting (2011) examine the tort of private nuisance, a complex area which they warn has the potential to affect construction professionals in far-reaching (and evolving) ways.’

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4 King's Bench Walk, 3rd June 2021

Source: www.4kbw.co.uk

More gay and bisexual men able to give blood after ‘historic’ rule change – The Independent

Posted June 14th, 2021 in blood products, equality, homosexuality, news, sexual orientation discrimination by sally

‘More gay and bisexual men will be allowed to donate blood, platelets and plasma after “historic” new rules came into effect.’

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The Independent, 14th June 2021

Source: www.independent.co.uk

Delegating negotiation of s.106 agreements to officers – Local Government Lawyer

Posted June 14th, 2021 in appeals, housing, local government, news, planning by sally

‘Sarah Sackman examines the guidance given by the Court of Appeal on the approach to Members’ delegation to officers to negotiate s.106 Agreements.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Susskind: “Trainees will learn like astronauts – with virtual reality” – Legal Futures

Posted June 14th, 2021 in computer programs, legal education, legal profession, news by sally

‘Trainee lawyers in future may do their legal training by using immersive virtual reality software simulating the practice environment, much like astronauts being made ready for space, Professor Richard Susskind has predicted.’

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Legal Futures, 14th June 2021

Source: www.legalfutures.co.uk

Pupil victim of sexual assault by barrister “let down by system” – Legal Futures

Posted June 14th, 2021 in abuse of position of trust, barristers, disciplinary procedures, fines, news, professional conduct, pupillage, sexual offences, victims by sally

‘A female victim of sexual assault by a male barrister has spoken about how she was let down by her chambers, the Bar Standards Board (BSB) and the Bar Tribunals and Adjudication Service (BTAS)’

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Legal Futures, 14th June 2021

Source: www.legalfutures.co.uk

Perspectives on civil partnerships and marriages in England and Wales: aspects, attitudes and assessments – Family Law

Posted June 14th, 2021 in civil partnerships, equality, homosexuality, marriage, news by sally

‘This article considers the developments since the turn of the century in the provision of new options for same sex and opposite sex couples to formalise their unions with full legal recognition. The available statistical information on the take-up of same sex civil partnerships and marriages is analysed and evaluated, and an early estimation made of their dissolutions and divorces. The possible implications of recent trends are considered, and a personal appraisal made of prospects for the immediate future. To a lay person, the sequence of introducing civil partnerships and same-sex marriage in England and Wales has been a curious, if not puzzling, progression, perhaps only really understood by the initial opposition to (same sex) civil partnerships, and in particular that they should not be accorded equivalence to marriage. The whole story[1] is also simultaneously one of developing pressure, firstly for the availability of a legal union for same sex couples, and then for greater freedom of choice, and for equal status. The latter was only achieved for civil partnerships[2] after much effort.’

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Family Law, 11th June 2021

Source: www.familylaw.co.uk

2005 Constitutional Reform Act up for review – Law Society’s Gazette

Posted June 14th, 2021 in constitutional law, constitutional reform, government departments, judiciary, lord chancellor, news by sally

‘The government intends to revisit the role of lord chancellor as part of a ‘careful review’ of the Blair administration’s 2005 Constitutional Reform Act, current incumbent Robert Buckland QC MP has revealed.’

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Law Society's Gazette, 14th June 2021

Source: www.lawgazette.co.uk