08/09/2014 – Current Awareness

‘Jessica Craigs, senior solicitor and Amy Starnes solicitor, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published by Family Law Week in August.’

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Family Law Week, 5th September 2014

Source: www.familylawweek.co.uk

The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 – NIPC Law

Posted September 8th, 2014 in bills, copyright, damages, intellectual property, news, patents, trade marks by sally

‘On 14 May 2014 the Intellectual Property Bill received royal assent. The Act made some far reaching changes in patents, registered design and unregistered design right law which I summarized in “Reflections on the Intellectual Property Act 2014” 7 June 2014 4-5 IP Tech and discussed in detail in “How the Intellectual Property Act 2014 changes British Patent Law” 21 June 2014 JD Supra, “How the Intellectual Property Act 2014 changes British Registered Design Law” 19 June 2014 JD Supra and “How the Intellectual Property Act 2014 will change British Unregistered Design Right Law” 11 June 2014 JD Supra 11 June 2014. On 28 Aug 2014 Lady Neville-Rolfe, Minister for Intellectual Property, signed The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 which will bring many of the provisions of the Act into force.’

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NIPC Law, 6th September 2014

Source: www.nipclaw.blogspot.co.uk

Data protection and journalism – ICO publishes guidance – Panopticon

Posted September 8th, 2014 in codes of practice, confidentiality, data protection, disclosure, freedom of expression, interpretation, media, news, privacy, public interest by sally

‘The Information Commissioner has today published his keenly anticipated guidance on ‘Data Protection and Journalism: A Guide for the Media’. The guidance has been published following a lengthy consultative process and in response to a recommendation made in the Leveson report.’

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Panopticon, 4th September 2014

Source: www.panopticonblog.com

Hedonic regression and relativity – NearlyLegal

Posted September 8th, 2014 in compensation, enfranchisement, leases, news, tribunals by sally

‘The question of the use of hedonic regression in the calculation of relativity is, I suspect, not breakfast table conversation for some of our readers even if it would appear that in the bars of Chelsea they talk of nothing else. The Upper Tribunal’s decision in Re: 47 Phillimore Gardens (available on the Upper Tribunal website) is all about exactly that topic and I think it is an important one. I will therefore try to unpack with my apologies to those readers for whom most of this is obvious.’

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NearlyLegal, 4th September 2014

Source: www.nearlylegal.co.uk

Government agrees to set up Food Crime Unit following Elliott Review – Local Government Lawyer

Posted September 8th, 2014 in consumer protection, food, fraud, health & safety, news, quality assurance by sally

‘A new Food Crime Unit is to be set up after the Government accepted all of the recommendations of the Elliott report on food integrity and assurance of food supply networks.’

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Local Government Lawyer, 4th September 2014

Source: www.localgovernmentlawyer.co.uk

Fraud divorce case goes to Supreme Court – Law Society’s Gazette

Posted September 8th, 2014 in appeals, disclosure, divorce, financial dispute resolution, financial provision, fraud, misrepresentation, news, Supreme Court by sally

‘The ex-wife of a businessman who claims her former husband cheated her out of millions in their divorce settlement has won the right to take her case to the Supreme Court.’

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Law Society’s Gazette, 5th September 2014

Source: www.lawgazette.co.uk

Durrant Round 2: What to do when the court has refused to let you rely upon your evidence – Zenith PI Blog

Posted September 8th, 2014 in appeals, evidence, news, police, time limits, witnesses by sally

‘As you will remember, at the end of 2013 the CA refused to allow the Defendant to rely upon witness statements which had been served out of time. Therefore when the Claimant’s claim for damages for false imprisonment, assault, malicious prosecution, Breach of Article 3 and defamation came before the court in August 2014, the only statements read by the court were those provided by the Claimant, and the only live evidence came from the Claimant and one witness on her behalf. The court did, however, also view CCTV.’

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Zenith PI Blog, 5th September 2014

Source: www.zenithpi.wordpress.com

Ofsted: government failing to act over long-term NEETs – Daily Telegraph

Posted September 8th, 2014 in education, employment, news, ombudsmen, school children, statistics by sally

‘Ofsted warns that reforms designed to prevent school leavers becoming NEETs – not in education, employment or training – merely end up “delaying their fall” into the category at a later stage.’

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Daily Telegraph, 7th September 2014

Source: www.telegraph.co.uk

Two jailed for Anthony Hughes murder – BBC News

Posted September 8th, 2014 in murder, news, sentencing by sally

‘Two men have been jailed for life for murdering a man in a “vicious attack”.’

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BBC News, 5th September 2014

Source: www.bbc.co.uk

The public sector equality duty and priority need – NearlyLegal

Posted September 8th, 2014 in appeals, disability discrimination, equality, housing, inquiries, local government, mental health, news by sally

‘In Kanu v Southwark LBC [2014] EWCA Civ 1085, the Court of Appeal considered whether the public sector equality duty added an additional obligation on housing officers when they came to consider whether an applicant had a priority need. As you will all know the public sector equality is an obligation placed on public authorities by s.149, Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Broken down, when someone is disabled, the duty further requires an authority to have due regard to the need to take steps to take account of a person’s disability.’

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NearlyLegal, 7th September 2014

Source: www.nearlylegal.co.uk

Teacher Emily Fox jailed for having sex with pupil – BBC News

Posted September 8th, 2014 in abuse of position of trust, news, school children, sexual offences, teachers by sally

‘A PE teacher who had sex with a pupil she taught at an all-girls private school has been jailed for 15 months.’

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BBC News, 5th September 2014

Source: www.bbc.co.uk

New criminal offence for design rights infringement to take effect from October – OUT-LAW.com

Posted September 8th, 2014 in copyright, criminal justice, intellectual property, news, trade marks by sally

‘Criminal penalties could be pursued against intentional copiers of either UK or Community registered designs that do not have rights holders’ permission for their actions from the beginning of next month.’

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OUT-LAW.com, 5th September 2014

Source: www.out-law.com

A practical approach to advising vulnerable clients – The Future of Law

Posted September 8th, 2014 in barristers, Court of Protection, disabled persons, elderly, health, human rights, legal representation, mental health, news, powers of attorney, self-harm, solicitors by sally

‘A vulnerable person is anyone aged 18 and over who needs assistance because of mental or other disability, age or illness, is unable to take care of him or herself and is unable to protect themselves against significant harm or exploitation.’

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The Future of Law, 5th September 2014

Source: www.blogs.lexisnexis.co.uk

Former N-Dubz singer Dappy guilty of nightclub assault – The Guardian

Posted September 8th, 2014 in assault, contempt of court, news, suspended sentences, witnesses by sally

‘The former N-Dubz singer Dappy has been found guilty of assaulting a man at a nightclub.’

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The Guardian, 5th September 2014

Source: www.guardian.co.uk

Mother who kept her daughter off school over cancer fears cleared by court – Daily Telegraph

Posted September 8th, 2014 in cancer, fines, health, local government, news, school children, truancy by sally

‘Kerry Capper dragged through the legal process after keeping her daughter at home fearing her cancer had returned.’

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Daily Telegraph, 5th September 2014

Source: www.telegraph.co.uk

Citizens Advice Bureau 75 year anniversary: Geese too loud? Lost false teeth? We can help! Celebrating seven decades of the CAB – The Independent

Posted September 8th, 2014 in budgets, charities, citizens advice bureaux, legal aid, legal services, local government, news by sally

‘In September 1939, the CAB was established with the creation of 200 emergency centres across the country. Today it deals with issues from the fallout of the bedroom tax, benefits cuts and fraud, but in wartime it helped to replace lost ration books and put wives and parents in touch with lost sons and husbands in prisoner-of-war camps.’

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The Independent, 7th September 2014

Source: www.independent.co.uk

New press self-regulation body ‘not a fake’, says Ipso chairman – BBC News

Posted September 8th, 2014 in complaints, inquiries, interception, media, news, ombudsmen, privacy, standards, victims by sally

‘The chairman of a new press self-regulation body set up in the wake of the phone-hacking scandal says he wants to show critics it is not a “fake”.’

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BBC News, 8th September 2014

Source: www.bbc.co.uk