Competition Commission urges shakeup of accountancy market – The Guardian

Posted July 22nd, 2013 in accountants, auditors, competition, news by sally

“Britain’s largest companies should put their accounting business up for tender every five years, the Competition Commission has said, as part of an investigation into the dominance of the big four accountancy groups.”

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The Guardian, 22nd July 2013

Source: www.guardian.co.uk

Myths about rape myths – OUP Blog

Posted July 22nd, 2013 in news, prosecutions, rape, statistics, victims by sally

“In recent decades, England and Wales have experienced extensive rape law reform and a substantial rise in rape reporting, but the number of rape convictions has not kept pace, leading to a galloping attrition rate: the current proportion of recorded rapes that result in a rape conviction is about 7%. To the extent that rape law reform aimed at convicting more men of rape, it has not been an unqualified success.”

Full story

OUP Blog, 22nd July 2013

Source: www.blog.oup.com

Regina (Minter) v Chief Constable of Hampshire Constabulary – WLR Daily

Regina (Minter) v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 697; [2013] WLR (D) 289

“A convicted sex offender on whom an extended sentence was passed pursuant to section 85(2) of the Powers of Criminal Courts (Sentencing) Act 2000 became subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 for an indefinite period under section 82(1) of the 2003 Act, if the aggregate of the custodial term and the extension period was 30 months or more, even if the custodial term was less than 30 months.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Alemo-Herron v Parkwood Leisure Ltd – WLR Daily

Alemo-Herron v Parkwood Leisure Ltd (Case C-426/11); [2013] WLR (D) 288

“Article 3 of Council Directive 2001/23/EC precluded a member state from providing, in the event of a transfer of an undertaking, that dynamic clauses referring to collective agreements negotiated and adopted after the date of transfer were enforceable against the transferee, where that transferee did not have the possibility of participating in the negotiation process of such collective agreements concluded after the date of the transfer.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

Specsavers International Healthcare Ltd and others v Asda Stores Ltd – WLR Daily

Posted July 22nd, 2013 in appeals, EC law, law reports, trade marks by sally

Specsavers International Healthcare Ltd and others v Asda Stores Ltd (Case C-252/12); [2013] WLR (D) 287

“‘Genuine use’ within the meaning of article 15(1) and article 51(1)(a) of Council Regulation (EC) No 207/2009 could be fulfilled where a Community figurative mark was used only in conjunction with a Community word mark which was superimposed over it, and the combination of those two marks was, furthermore, itself registered as a Community trade mark, to the extent that the differences between the form in which that trade mark was used and that in which it was registered did not change the distinctive character of that trade mark as registered. Where a Community trade mark was not registered in colour, but the proprietor had used it extensively in a particular colour or combination of colours with the result that it had become associated in the mind of a significant portion of the public with that colour or combination of colours, the colour or colours which a third party used in order to represent a sign alleged to infringe that trade mark were relevant in the global assessment of the likelihood of confusion or unfair advantage pursuant to article 9(1)(b) and (c) of Regulation No 207/2009. The fact that the third party making use of a sign which allegedly infringed the registered trade mark was itself associated, in the mind of a significant portion of the public, with the colour or particular combination of colours which it used for the representation of that sign was relevant to the global assessment of the likelihood of confusion and unfair advantage for the purposes of article 9(1)(b) and (c) of Regulation No 207/2009.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

Kaneria lifetime ban upheld – Sports Law Bulletin from Blackstone Chambers

Posted July 22nd, 2013 in appeals, corruption, costs, disciplinary procedures, news, sport by sally

“The Appeal Panel of the Cricket Discipline Commissions of the ECB has published its decision upholding the lifetime ban on former Pakistan international spin bowler, Danish Kaneria, from any involvement in the playing, organisation or administration of cricket under the jurisdiction of the ECB. The Pakistan Cricket Board has acknowledged the decision, and so the impact of the suspension is that Kaneria will remain banned for life from involvement in professional cricket.”

Full story

Sports Law Bulletin from Blackstone Chambers, 19th July 2013

Source: www.sportslawbulletin.org

Three found guilty of raping teenager – The Independent

Posted July 22nd, 2013 in child abuse, news, rape by sally

“Three men have been convicted of raping and sexually assaulting a vulnerable young girl. The men, who – along with two others – were suspected of running a child sex abuse ring in London, were found guilty on five separate counts.”

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The Independent, 19th July 2013

Source: www.independent.co.uk

Self-Help Disclosure – Imerman v Tchenguiz: from ‘cheat’s charter’ to ‘damp squib’? (Some guidance, at last, in UL v BK) – Family Law Week

“Andrzej Bojarski of 36 Bedford Row examines the law and the latest guidance relating to self help disclosure.”

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Family Law Week, 18th July 2013

Source: www.familylawweek.co.uk

Beware of the web – New Law Journal

“Employers must get their social media policies in order, say Chris Bryden & Michael Salter.”

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New Law Journal, 19th July 2013

Source: www.newlawjournal.co.uk

BSB reviews the regulation of immigration advice and services – Bar Standards Board

Posted July 22nd, 2013 in asylum, barristers, immigration, legal services, news, quality assurance by sally

“Praise from clients for the quality of advice provided by immigration barristers is showcased by new consumer research, published today by the Bar Standards Board (BSB).”

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Bar Standards Board, 22nd July 2013

Source: www.barstandardsboard.org.uk

Injunctions against ISPs Part VI: The Football Association Premier League Ltd v British Sky Broadcasting Ltd and Others – NIPC Law

Posted July 22nd, 2013 in copyright, injunctions, internet, news, sport by sally

“In The Football Association Premier League Ltd v British Sky Broadcasting Ltd and Others [2013] EWHC 2058 (Ch) (16 July 2013) Mr. Justice Arnold granted an injunction under s.97A of the Copyright, Designs and Patents Act 1988 against the top 6 internet service providers in the UK to block access to the First Row Sports website. As the judge had already made similar orders against the same defendants in Newzbin2 (see “Injunctions against ISPs” 6 Nov 26), Dramatico (‘Injunctions against ISPs Part III: Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd. and Others’) and EMI (‘Injunctions against ISPs Part V: EMI Records Ltd and Others v British Sky Broadcasting Ltd and Others’ 5 March 2013) they did not defend the application but instead agreed the terms of the order with the Premier League. However, as the judge acknowledged at paragraph [7] of his judgment, that did not absolve the Court of the responsibility of determining whether the orders sought were justified.”

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NIPC Law, 20th July 2013

Source: www.nipclaw.blogspot.co.uk

High Court strikes off solicitors for ‘integrity of profession’ – Law Society’s Gazette

“A High Court judge has struck off three solicitors after ruling that a Solicitors Disciplinary Tribunal had been too lenient in punishing the trio.”

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Law Society’s Gazette, 19th July 2013

Source: www.lawgazette.co.uk

Stop and Search is Not Working Properly – Criminal Law and Justice Weekly

Posted July 22nd, 2013 in consultations, news, police, statistics, stop and search by sally

“On July 2, in a Commons statement, Mrs Theresa May, the Home Secretary, said she was initiating a six-week public consultation about the use of stop and search. On July 16, HM Inspectorate of Constabulary (HMIC) published a highly critical report – Stop and Search Powers: Are the police using them effectively and fairly? (www.hmic.gov.uk). By the end of the year, Mrs May said, the Government would respond to both the HMIC report and the public consultation.”

Full story

Criminal Law and Justice Weekly, 20th July 2013

Source: www.criminallawandjustice.co.uk

Somerset firearms and drugs gang jailed – BBC News

Posted July 22nd, 2013 in conspiracy, drug offences, firearms, news, sentencing by sally

“Eleven men have been jailed for their roles in a conspiracy to supply cocaine and firearms from a bunker hidden under garden decking in a Somerset village.”

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BBC News, 19th July 2013

Source: www.bbc.co.uk

DPP to meet judge following prosecution ‘farce’ in murder trial – Law Society’s Gazette

“Keir Starmer, the director of public prosecutions (DPP), is to meet Richard Griffith-Jones, the judge who made a scathing attack on the Crown Prosecution Service after a murder trial descended into farce last month.”

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Law Society’s Gazette, 19th July 2013

Source: www.lawgazette.co.uk

UK court ducks position on circumcision – UK Human Rights Blog

“This case concerns a hitherto little-explored aspect of the right to a private and family life: a parent’s opportunity to teach their offspring about their own religious faith.”

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UK Human Rights Blog, 20th July 2013

Source: www.ukhumanrightsblog.com

Cwmbran fire trial: Serious case review is called – BBC News

Posted July 22nd, 2013 in children, fire, local government, murder, news, police, sentencing, social services by sally

“A serious case review will be launched after three generations of the same family were murdered in a house fire.”

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BBC News, 19th July 2013

Source: www.bbc.co.uk

Litvinenko public inquiry blocked: Diplomacy ‘a factor’ – BBC News

“UK-Russian relations were a ‘factor’ in the government’s decision not to hold a public inquiry into the death of former Russian agent Alexander Litvinenko, Home Secretary Theresa May has said.”

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BBC News, 19th July 2013

Source: www.bbc.co.uk

Computer consultant Mark Lancaster jailed for 16 months for voyeurism and trafficking after using ‘sex for fees’ website to dupe student into having sex with him – The Independent

“The role of investigative journalism was praised today as a top level computer consultant was jailed for 16 months in connection with a ‘pitiless deception’ in which he sought to con hard up students into having sex with him in return for falsely offering to pay their university fees.”

Full story

The Independent, 19th July 2013

Source: www.independent.co.uk

Opening Up Mistake – New Square Chambers

Posted July 22nd, 2013 in appeals, mistake, news, Supreme Court, trusts by sally

“Robin Mathew’s article above discusses the decision of the Supreme Court in Pitt v Holt and Futter v Futter so far as it dealt with ‘inadequate consideration’ by trustees. But the court also dealt with the general law of mistake in dispositions of property. Here it disagreed with the Court of Appeal.”

Full story (PDF) (see p. 2)

New Square Chambers, June 2013

Source: www.newsquarechambers.co.uk