Attorney general steps in to caution against speedy banking inquiry – The Guardian

Posted July 5th, 2012 in banking, financial regulation, inquiries, interest, news by sally

“Britain’s most senior law officer has appeared to undermine the government’s own argument that any inquiry into the current banking scandal needed to happen as quickly as possible.”

Full story

The Guardian, 5th July 2012

Source: www.guardian.co.uk

Lawcastt 211: Giles Peaker of the Nearly Legal blog on housing law and the changing legal world – Charon QC

Posted July 5th, 2012 in housing, podcasts by sally

“Today I am talking to Giles Peaker, a solicitor at Anthony Gold Solicitors and founder of the Nearly Legal blog – a specialist housing blog which has grown with Giles since he became ‘fully legal’ and started working with ten barrister and solicitor contributors.”

Podcast

Charon QC, 5th July 2012

Source: www.charonqc.wordpress.com

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

Command Papers – official-documents.gov.uk

Posted July 5th, 2012 in parliamentary papers by sally

The National Health Service and Public Health Service in England: Secretary of State’s Annual Report 2011/2012, Cm, 8373 (PDF)

Treaty on Mutual Legal Assistance in Criminal Matters between the United Kingdom of Great Britain and Northern Ireland and the Republic of the Philippines, Cm 8398 (PDF)

Source: www.official-documents.gov.uk

Government must change copyright law to protect website browsing, says expert – OUT-LAW.com

Posted July 5th, 2012 in copyright, internet, news by sally

“OPINION: The UK Government is considering reform of copyright laws in the wake of the Hargreaves Review. One change that it must make when reforming copyright law is to make it clear that the act of web browsing does not require permission from copyright holders.”

Full story

OUT-LAW.com, 5th July 2012

Source: www.out-law.com

Gary McKinnon given last chance of examination before extradition decision – Daily Telegraph

Posted July 5th, 2012 in computer crime, extradition, mental health, news by sally

“The computer hacker Gary McKinnon has been given one last chance to convince the Home Secretary he is not fit to be extradited to face trial in America.”

Full story

Daily Telegraph, 5th July 2012

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 5th, 2012 in legislation by sally

The Localism Act 2011 (Commencement No. 6 and Transitional, Savings and Transitory Provisions) (Amendment) Order 2012

The Inland Waterways Advisory Council (Abolition) Order 2012

The Statistics and Registration Service Act 2007 (Disclosure of Social Security and Revenue Information) Regulations 2012

The British Waterways Board (Transfer of Functions) Order 2012

Source: www.legislation.gov.uk

Unduly lenient sentence cases referred to the Court of Appeal for 2011 – Attorney General’s Office

Posted July 5th, 2012 in appeals, news, sentencing, statistics by sally

“The Attorney General’s Office has today released its unduly lenient sentence statistics for 2011. 117 sentences, from 78 cases, were referred to the Court of Appeal by the Law Officers. The Court considered 97 of them were unduly lenient (83%) and 94 sentences were increased (80% of the 117 referred).”

Full story

Attorney General’s Office, 5th July 2012

Source: www.attorneygeneral.gov.uk

Related link: Judicial response to the publication of the Attorney General’s unduly lenient referral statistics

Lessons to be learned for cohabitation cases in England, says Lady Hale in Supreme Court Scottish case – Family Law Week

Posted July 5th, 2012 in cohabitation, financial provision, news, Supreme Court by sally

“In Gow v Grant [2012] UKSC 29, a Scottish cohabitation case, heard in the Supreme Court, Barnoness Hale has said that lessons can be learned in England and Wales from the practicability and fairness provided by Scottish legislation.”

Full story

Family Law Week, 5th July 2012

Source: www.familylawweek.com

Phillips v News Group Newspapers Ltd and another – WLR Daily

Phillips v News Group Newspapers Ltd and another [2012] UKSC 28 ; [2012] WLR (D) 193

“The privilege against self-incrimination did not entitle a private investigator to refuse to comply with an order in civil proceedings requiring him to disclose the identity of those who had instructed him to intercept mobile phone voicemail messages containing confidential information of a commercial nature.”

WLR Daily, 4th July 2012

Source: www.iclr.co.uk

Usedsoft GmbH v Oracle International Corp – WLR Daily

Posted July 5th, 2012 in computer programs, copyright, EC law, law reports, licensing by sally

Usedsoft GmbH v Oracle International Corp (Case C-128/11); [2012] WLR (D) 192

“Article 4(2) of Parliament and Council Directive 2009/24/EC meant that the right of distribution of a copy of a computer program was exhausted if the copyright holder who had authorised, even free of charge, the downloading of that copy from the Internet onto a data carrier had also conferred, in return for payment of a fee intended to enable him to obtain a remuneration corresponding to the economic value of the copy of the work of which he was the proprietor, a right to use that copy for an unlimited period. In the event of the resale of a user licence, the second acquirer of the licence, as well as any subsequent acquirer of it, was able to rely on the exhaustion of the distribution right under article 4(2), and hence be regarded as lawful acquirers of a copy of a computer program within the meaning of article 5(1) and benefit from the right of reproduction provided for in that provision.”

WLR Daily, 3rd July 2012

Source: www.iclr.co.uk

Regina (S) v Secretary of State for Justice Regina (KF) v Same – WLR Daily

Posted July 5th, 2012 in employment, law reports, prisons, remuneration, victims by sally

Regina (S) v Secretary of State for Justice; Regina (KF) v Same [2012] EWHC 1810 (Admin); [2012] WLR (D) 191

“Guidance in prison service instructions as to the approach to be followed by prison governors when exercising their discretion to make deductions from prisoners’ earnings to raise funds to support victims of crime was not unlawful.”

WLR Daily, 3rd July 2012

Source: www.iclr.co.uk

Budéjovický Budvar, národní podnik v Anheuser-Busch Inc – WLR Daily

Posted July 5th, 2012 in appeals, food, law reports, trade marks by sally

Budéjovický Budvar, národní podnik v Anheuser-Busch Inc [2012] EWCA Civ 880; [2012] WLR (D) 190

“Where a longstanding situation of honest concurrent user of the same mark for goods had come about, each user could register its mark, and each could stop third parties from using it, but neither could stop the other.”

WLR Daily, 3rd July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 5th, 2012 in law reports by sally

Supreme Court

Gow v Grant (Scotland) [2012] UKSC 29 (24 May 2012)

Phillips v Mulcaire (Rev 1) [2012] UKSC 28 (24 May 2012)

Court of Appeal (Civil Division)

G1 v Secretary of State for the Home Department [2012] EWCA Civ 867 (04 July 2012)

Daejan Properties Ltd v Campbell [2012] EWCA Civ 875 (19 June 2012)

High Court (Chancery Division)

Ampurius NU Homes Holdings Ltd v Telford Homes (Creekside) Ltd [2012] EWHC 1820 (Ch) (04 July 2012)

Starbucks (UK) Ltd v British Sky Broadcasting Group Plc & Ors [2012] EWHC 1842 (Ch) (29 June 2012)

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2012] EWHC 1722 (Ch) (20 June 2012)

High Court (Administrative Court)

S, R (on the application of) v First-Tier Tribunal [2012] EWHC 1815 (Admin) (04 July 2012)

High Court (Technology and Construction Court)

Odedra v Ball [2012] EWHC 1790 (TCC) (4 July 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2012] EWHC 1819 (Comm) (04 July 2012)

High Court (Patents Court)

HTC Europe Co Ltd v Apple Inc [2012] EWHC 1789 (Pat) (04 July 2012)

Source: www.bailii.org

Victims’ families will be asked for views on rape charges linked to murder following Clough campaign – Crown Prosecution Service

Posted July 5th, 2012 in families, murder, news, rape, victims by sally

Families of victims will be consulted on whether rape charges linked to murder should be prosecuted, the Director of Public Prosecutions, Keir Starmer QC has announced in guidance to prosecutors issued today.

Full story

Crown Prosecution Service, 5th July 2012

Source: www.cps.gov.uk

HTC victory over Apple in latest round of patent battle – The Guardian

Posted July 5th, 2012 in news, patents, telecommunications by sally

“Apple lost a key patent battle against smartphone rival HTC in the high court in London today, meaning that the Silicon Valley company cannot ban certain of the Taiwanese firm’s products in Britain.”

Full story

The Guardian, 4th July 2012

Source: www.guardian.co.uk

Thousands denied right to independent mental health advocates – The Guardian

Posted July 5th, 2012 in legal representation, mental health, news by sally

“People who are detained under the Mental Health Act, or subject to a community treatment order (CTO) have a legal right to access someone who can stand alongside them and help them speak up; an independent mental health advocate (IMHA).”

Full story

The Guardian, 4th July 2012

Source: www.guardian.co.uk

Orphan work usage will have to be paid for under new copyright law, Government says – OUT-LAW.com

Posted July 5th, 2012 in copyright, news by sally

“Businesses and public bodies that want to make use of so-called ‘orphan’ works will have to pay to do so under new plans unveiled by the Government.”

Full story

OUT-LAW.com, 4th July 2012

Source: www.out-law.com

Acta down, but not out, as Europe votes against controversial treaty – The Guardian

Posted July 5th, 2012 in copyright, EC law, internet, news, treaties by sally

“Anti-piracy agreement rejected by European Parliament, but Acta could be revived by European Commission.”

Full story

The Guardian, 4th July 2012

Source: www.guardian.co.uk

Judge bans reporting of divorce finances to save ’embarrassment’ – Daily Telegraph

“A judge has banned publication of details of a divorce case on human rights grounds after the father of the husband claimed it risked causing him embarrassment and ruining his career.”

Full story

Daily Telegraph, 5th July 2012

Source: www.telegraph.co.uk

DPP changing policy on murder and rape cases – BBC News

Posted July 5th, 2012 in murder, news, rape by sally

“Cases of rape linked to murder should be prosecuted rather than being left on file, the Director of Public Prosecutions (DPP) is set to announce.”

Full story

BBC News, 5th July 2012

Source: www.bbc.co.uk