Gym chains forced to improve contract terms – Daily Telegraph

Posted September 10th, 2013 in consumer protection, contracts, news by tracey

“Three leading health and fitness operators have been forced to improve their contracts for customers after an investigation by the Office of Fair Trading (OFT).”

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Daily Telegraph, 10th September 2013

Source: www.telegraph.co.uk

Dyson sues Samsung over new vacuum’s steering mechanism – BBC News

Posted September 10th, 2013 in intellectual property, news, patents by tracey

“British manufacturer Dyson is suing Samsung over claims that the South Korean firm ‘ripped off’ one of its inventions.”

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BBC News, 10th September 2013

Source: www.bbc.co.uk

Police Taser use more than doubles in four years – The Independent

Posted September 10th, 2013 in firearms, news, police by tracey

“Use of stun guns by police officers in England and Wales has more than doubled over two years, according to official figures.”

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The Independent, 10th September 2013

Source: www.independent.co.uk

Abuse of Asian girls missed because of focus on white victims, says report – The Guardian

Posted September 10th, 2013 in news, race discrimination, reports, sexual grooming, sexual offences, victims by tracey

“Asian girls are the hidden victims of child grooming gangs, dipping under the radar of police or social services, according to a report released on Tuesday. Vulnerable girls and some boys are being sexually exploited by gangs of men but are being missed by the authorities because agencies are too focused on a model of grooming involving white victims, according to research from the Muslim Women’s Network UK.”

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The Guardian, 10th September 2013

Source: www.guardian.co.uk

Mortgage companies’ additional data reporting must serve a valid purpose and be limited to a necessary volume, says ICO – OUT-LAW.com

Posted September 10th, 2013 in data protection, mortgages, news, privacy by tracey

“The Financial Conduct Authority (FCA) should review the necessity of asking mortgage providers to provide it with additional personal information about customers in order to ensure those individuals’ privacy rights are respected, a data protection watchdog has said.”

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OUT-LAW.com, 9th September 2013

Source: www.out-law.com

BAILII: Recent Decisions

Posted September 10th, 2013 in law reports by tracey

High Court (Queen’s Bench Division)

Sutherland Professional Funding Ltd v Bakewells (a firm) & Ors [2013] EWHC 2685 (QB) (03 September 2013)

Source: www.bailii.org

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc – WLR Daily

Posted September 10th, 2013 in agency, banking, contracts, disclosure, law reports, news by tracey

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc: [2013] EWHC 2670 (Ch);   [2013] WLR (D)  343

“A term was not to be implied into a mezzanine lending agreement that a bank, which had acted as agent for two special purpose vehicles (‘SPVs’) when they participated as junior lenders in such structured lending to a property company which subsequently collapsed, was obliged to disclose to the SPVs material financial information in its possession as to the declining health of the company.”

WLR Daily, 3rd September 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 10th, 2013 in legislation by tracey

The Tonnage Tax (Training Requirement) (Amendment) (No. 2) Regulations 2013

The Insurance Companies (Amendment to Schedule 17 to the Finance Act 2012 (Transitional Provision)) Regulations 2013

The Children Act 2004 (Commencement No. 9) (Wales) Order 2013

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2013

The Value Added Tax (Amendment) (No. 2) Regulations 2013

The Contaminants in Food (England) Regulations 2013

Source: www.legislation.gov.uk

Criminal barristers seek judicial review of LSB over QASA – Legal Futures

Posted September 10th, 2013 in barristers, judicial review, Legal Services Board, news, quality assurance by tracey

“A long-awaited judicial review of the Quality Assurance Scheme for Advocates (QASA) has been launched by criminal law barristers against the Legal Services Board (LSB).”

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Legal Futures, 9th September 2013

Source: www.legalfutures.co.uk

High Court quashes 116-home St Albans scheme refusal – OUT-LAW.com

Posted September 10th, 2013 in housing, local government, news, planning by tracey

“A Planning Inspector was wrong to use Regional Spatial Strategy (RSS) figures as a base for a Council’s projected housing need, a High Court judge has ruled.”

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OUT-LAW.com, 9th September 2013

Source: www.out-law.com

Information Commissioners against publication of names on convicted data blaggers’ list – OUT-LAW.com

Posted September 10th, 2013 in crime, data protection, disclosure, news, private investigators, select committees by tracey

“The UK’s data protection watchdog has urged the Home Affairs Select Committee
not to follow through on its promise to publish the names of companies and
individuals that allegedly hired private investigators convicted of data
‘blagging’ offences.”

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OUT-LAW.com, 9th September 2013

Source: www.out-law.com

Passing off – Fenty v Topshop – NIPC Law

Posted September 10th, 2013 in intellectual property, misrepresentation, news, photography, sale of goods by tracey

“Mr. Justice Birss summarized the issues in Fenty and Others v Arcadia Group Brands Ltd (t/a Topshop) and Another [2013] EWHC 2310 (Ch), [2013] WLR(D) 310 admirably in paragraph [1] of his judgment in that case: ‘Topshop is a well known fashion retailer. Rihanna is a famous pop star. In March 2012 Topshop started selling a t-shirt with an image of Rihanna on it. The image was a photograph taken by an independent photographer. Topshop had a licence from the photographer but no licence from Rihanna. Rihanna contends that the sale of this t-shirt without her permission infringes her rights. Topshop does not agree. This action is the result.’ ”

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NIPC Law,  10th September 2013

Source: www.nipclaw.blogspot.co.uk

Tear up Legal Services Act and start again, says LSB – Law Society’s Gazette

Posted September 10th, 2013 in legal profession, legal services, Legal Services Board, legislation, news by tracey

“The Legal Services Board wants to set in motion plans for a single, independent regulator that will cover the entire legal profession.”

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Law Society’s Gazette, 10th September 2013

Source: www.lawgazette.co.uk

Kent sex assault GP Barend Delport jailed for six years – BBC News

“A GP who sexually assaulted and took intimate pictures of women and child patients has been jailed for six years.”

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BBC News, 9th September 2013

Source: www.bbc.co.uk

Court of Appeal laments systemic failures in family justice – UK Human Rights Blog

Posted September 10th, 2013 in appeals, children, divorce, family courts, news, parental responsibility, residence orders by tracey

“Re A (a child) [2013] EWCA Civ 1104. Appellate judges are obliged to review systemic failings in the family justice system as a whole, not just the merits of the trial judge’s determination, particularly where the process has deprived the parties of their rights to procedural fairness under Articles 6 and 8. Whilst this particular appeal was not ‘a fitting vehicle to enable a root and branch appraisal of the procedural history of this protracted case’, McFarlane LJ has taken the opportunity to give full voice to the ‘profound feeling of failure’ felt by Court on the part of the Family Justice system.”

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UK Human Rights Blog, 9th September 2013

Source: www.ukhumanrightsblog.com

Dangerous dogs plan will mean no ‘innocent’ trespassers – BBC News

Posted September 10th, 2013 in bills, dogs, news, select committees, trespass by tracey

“Dog owners will be safe from prosecution under revised dangerous dogs laws if their pet attacks someone trespassing in their home – even if the ‘intruder’ is doing a good turn.”

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BBC News, 9th September 2013

Source: www.bbc.co.uk

Jacintha Saldanha inquest delayed as coroner ‘seeks more information’ – The Guardian

Posted September 10th, 2013 in anonymity, delay, inquests, news, nurses, suicide by tracey

“An inquest into the death of nurse Jacintha Saldanha following a prank phone call last year by two Australian radio hosts has been postponed for a second time.”

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The Guardian, 10th September 2013

Source: www.guardian.co.uk