July 2013 – Page 14 – Current Awareness

“The lawful removal of a child from the United States to the United Kingdom pursuant to the order of a court in Texas did not become unlawful when that order was subsequently reversed by the Texan appellate court.”

WLR Daily, 16th July 2013

Source: www.iclr.co.uk

Commission of the European Union v Stichting Administratiekantoor Portielje and another – WLR Daily

Posted July 18th, 2013 in competition, EC law, law reports, subsidiary companies, undertakings by tracey

Commission of the European Union v Stichting Administratiekantoor Portielje and another: (Case C-440/11P); [2013] WLR (D) 284

“The presumption of actual influence by a parent entity holding a controlling shareholding in its subsidiary arose even where that entity was constituted in the legal form of an economically inactive foundation for the purposes of imputing liability to the parent for a subsidiary’s infringing behaviour under article 101FEU of the FEU Treaty.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Merck Sharp Dohme Corpn and another v Teva Pharma BV and another – WLR Daily

Posted July 18th, 2013 in injunctions, law reports, patents by tracey

Merck Sharp Dohme Corpn and another v Teva Pharma BV and another: [2013] EWHC 1958 (Pat); [2013] WLR (D) 283

“When considering a claim for an injunction to prevent a threatened infringement of a patent and a supplementary protection, the court had to consider whether, in all the circumstances, there was a sufficiently strong probability that an injunction was required to prevent the harm to the claimant to justify bringing the proceedings.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 18th, 2013 in legislation by tracey

The Charities Act 2011 (Commencement No. 2) Order 2013

The Growth and Infrastructure Act 2013 (Commencement No. 3 and Savings) Order 2013

The Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013

The Armed Forces (Financial Penalty Enforcement Orders) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

Gambling watchdog disputes analysis by district judge over primary activity – Local Government Lawyer

Posted July 18th, 2013 in gambling, licensing, local government, news by tracey

“The Gambling Commission has publicly rejected a district judge’s suggestion in the recent Paddy Power case that primary gambling activity is an area solely for the watchdog, not licensing authorities.”

Full story

Local Governemtn Lawyer, 17th July 2013

Source: www.localgovernmentlawyer.co.uk

Consultation on draft rules in relation to non-contentious probate business in England and Wales – Judiciary of England and Wales

Posted July 18th, 2013 in consultations, probate, regulations by tracey

“This is a consultation produced by the President of the Family Division’s Working Group detailing the proposed amendments to the Non-Contentious Probate Rules 1987.”

Full consultation

Judiciary of England and Wales, 17th July 2013

Source: www.judiciary.gov.uk

Reform of disclosure management following R v Mouncher (Lynette White) – Crown Prosecution Service

Posted July 18th, 2013 in case management, disclosure, prosecutions, reports by tracey

“The Director of Public Prosecutions, Keir Starmer QC, has today published the full report by Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI), undertaken at his request, into disclosure issues that arose in the case of R v Mouncher and others.”

Full report

Crown Prosecution Service, 16th July 2013

Source: www.cps.gov.uk

New DPP guidance on concurrent jurisdiction published – Crown Prosecution Service

Posted July 18th, 2013 in Crown Prosecution Service, foreign jurisdictions, press releases, prosecutions, trials by tracey

“The CPS has today published the final guidelines for Crown Prosecutors handling cases where more than one country or jurisdiction is investigating criminal conduct.”

Full guidelines

Crown Prosecution Service, 17th July 2013

Source: www.cps.gov.uk

Scott Stephenson: The Future of Rights Reform in the Age of the Referendum – UK Constitutional Law Group

Posted July 18th, 2013 in bills, constitutional reform, human rights, news, referendums by tracey

“In the last fortnight, two major pieces of constitutional reform returned to the political agenda. The House of Commons considered Conservative MP James Wharton’s private Member’s Bill that would provide for a referendum on whether the UK should remain a member of the EU. The Bill, according to Prime Minister David Cameron, will have ‘the full support of the Conservative Party’. Several days later, senior members of the Conservative Party made statements indicating that the Party would make ‘wholesale changes’ to the country’s system of human rights protection if it obtains a majority in Parliament at the next election. Proposed changes include repeal of the Human Rights Act and withdrawal from the European Convention on Human Rights. In this post, I consider whether the former might have implications for the latter—whether the rise of the referendum could and/or should affect the future of rights reform in the UK.”

Full story

UK Constitutional Law Group, 17th July 2013

Source: www.ukconstitutionallaw.org

Insurer fined over £7m for mis-selling monthly add-on policies – OUT-LAW.com

Posted July 18th, 2013 in consumer protection, financial regulation, fines, insurance, news by tracey

“High Street insurer Swinton has been fined over £7 million for its ‘aggressive’ mis-selling of monthly add-on insurance policies to telephone customers, the Financial Conduct Authority (FCA) has announced.”

Full story

OUT-LAW.com, 18th July 2013

Source: www.out-law.com

School Governance – Education Law Blog

Posted July 18th, 2013 in education, news, regulations, reports by tracey

“There are two recent developments on this front.”

Full story

Education Law Blog, 17th July 2013

Source: www.education11kbw.com

Bar’s disciplinary system on trial in High Court – Law Society’s Gazette

Posted July 18th, 2013 in barristers, disciplinary procedures, judicial review, news, professional conduct, trials by tracey

“The legality of the bar’s disciplinary system has been called into question this week as the High Court hears three claims for judicial review. The cases have been brought by three barristers in relation to charges of professional misconduct brought by the Bar Standards’ Board.”

Full story

Law Society’s Gazette, 18th July 2013

Source: www.lawgazette.co.uk

Met police failing to deal effectively with racism complaints, watchdog finds – The Guardian

Posted July 18th, 2013 in complaints, London, news, police, racism, reports by tracey

“A report by the police watchdog has found Scotland Yard is failing in the way it handles complaints of racism and discrimination against officers, a decade after the force vowed to stamp out prejudice in the ranks.”

Full story

The Guardian, 17th July 2013

Source: www.guardian.co.uk

Inquiry into snooping laws as committee clears GCHQ – The Guardian

Posted July 18th, 2013 in inquiries, intelligence services, news, select committees by tracey

“Parliament’s intelligence and security committee (ISC) is to mount an inquiry into whether the laws on ‘state snooping’ on private communications are adequate to regulate Britain’s spy agencies in the internet age.”

Full story

The Guardian, 18th July 2013

Source: www.guardian.co.uk

Community champion in court over claims she racially abused travellers – Daily Telegraph

Posted July 18th, 2013 in harassment, news, planning, racism, repossession, travellers by tracey

“A pensioner renowned for her work in the community has been summonsed to court over claims she racially abused a group of travellers on green belt land in a situation she describes as a ‘humiliating’ ordeal.”

Full story

Daily Telegraph, 17th July 2013

Source: www.telegraph.co.uk

Lobbyist register plan outlined by ministers – BBC News

Posted July 18th, 2013 in bills, lobbying, news, parliament, trade unions by tracey

“Ministers have outlined plans for a statutory register of lobbyists, saying it would boost public confidence about outside influence on decision-making.”

Full story

BBC News, 17th July 2013

Source: www.bbc.co.uk

Meat tenderiser killer Mark Hall jailed for life – BBC News

Posted July 18th, 2013 in families, murder, news, sentencing by tracey

“The brother in-law of a man killed with a single blow from a meat tenderiser has been jailed for life for murder.”

Full story

BBC News, 17th July 2013

Source: www.bbc.co.uk

Jimmy Savile: BBC sets aside millions to compensate victims – Daily Telegraph

Posted July 18th, 2013 in BBC, compensation, news, sexual offences, victims by tracey

” The corporation disclosed in its annual accounts that it has made ‘provision for future compensation claims’ from victims of Jimmy Savile. The accounts show it has set aside £19.1 million for compensation claims, although the money will also be used for other cases. Many of his 214 known offences were on BBC premises, and Savile even attacked a girl during the last edition of Top of the Pops in 2006.”

Full story

Daily Telegraph, 17th July 2013

Source: www.telegraph.co.uk

NHS care watchdog CQC to overhaul hospital inspection system – The Guardian

Posted July 18th, 2013 in health, hospitals, news, quality assurance by tracey

“The NHS care watchdog is abandoning its discredited way of inspecting hospitals and instead plans to use much larger teams of inspectors, including patients, to do in-depth investigations ‘lasting more than a week. ‘ ”

Full story

The Guardian, 18th July 2013

Source: www.guardian.co.uk