09/03/2015 – Current Awareness

Public protest, private rights – UK Human Rights Blog

Posted March 9th, 2015 in appeals, data protection, demonstrations, human rights, investigatory powers, news, police, privacy, proportionality, Supreme Court, violent disorder by tracey

‘R (Catt) and R (T) v Commissioner of Police of the Metropolis [2015] UKSC 9. A majority of the Supreme Court has held that the retention by police of information on the Domestic Extremism Database about a 91 year-old activist’s presence at political protests was (1) in accordance with the law and (2) a proportionate interference with his right to a private life under Article 8(1) of the ECHR.’

UK Human Rights Blog, 6th March 2015

Source: www.ukhumanrightsblog.com

Branded drugs and over-stickering: when is 8.62% a substantial part? – Technology Law Update

Posted March 9th, 2015 in appeals, consumer protection, EC law, freedom of movement, medicines, news, trade marks by tracey

‘A brand-owner generally wants to use the same brand across several countries, but there are industries where national branding is common. Pharmaceuticals is one. In a free trade bloc like the EU this leads to a tension between the free movement of goods and protection of IP rights. The interplay of the EU rules in this area has come under the spotlight in SEP v Doncaster.’

Technology Law Update, 6th March 2015

Source: www.technology-law-blog.co.uk

Tougher standards for UK senior bankers will come into force from March 2016 – OUT-LAW.com

Posted March 9th, 2015 in banking, codes of practice, criminal justice, disciplinary procedures, news, professional conduct, prosecutions by tracey

‘A new regulatory regime, designed to make it easier for senior managers of UK banks and building societies to be held accountable for failings in their area of responsibility will come into force in one year’s time, the government has confirmed.’

OUT-LAW.com, 6th March 2015

Source: www.out-law.com

Expectations are not existing facts – Nearly Legal

Posted March 9th, 2015 in appeals, consent, homelessness, housing, landlord & tenant, local government, news, rent, repossession by tracey

‘Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015. This was Enfield’s appeal from a s.204 appeal quashing Enfield’s decision and review decision that Ms N was intentionally homeless.’

Nearly Legal, 5th March 2015

Source: www.nearlylegal.co.uk/blog/

Policing abuse in the online world – where does the law currently stand? – Halsbury’s Law Exchange

Posted March 9th, 2015 in enforcement, freedom of expression, internet, investigatory powers, malicious communications, news, police, racism by tracey

‘The prevalence of racist and misogynistic abuse online has become firmly established as a matter that now warrants considerable political attention. As legislators pick between the differences in “real world” and online forms of abuse, as well as judicial borders of the internet, Rhory Robertson, partner at Collyer Bristow LLP, outlines the many questions that must be addressed in any new lawmaking.’

Halsbury’s Law Exchange, 6th March 2015

Source: www.halsburyslawexchange.co.uk

Changes to asylum process and procedure – Free Movement

Posted March 9th, 2015 in asylum, codes of practice, immigration, news by tracey

‘The circumstances in which an asylum claim may be treated as abandoned by an applicant have been extended with effect from 27 February 2015.’

Free Movement, 5th March 2015

Source: www.freemovement.org.uk

Coulson J slashes “entirely unreliable” costs budget from £9.5m to £4.3m – Litigation Futures

Posted March 9th, 2015 in budgets, civil procedure rules, costs, damages, news, proportionality, solicitors by tracey

‘The High Court has slashed a claimant company’s costs budget from £9.5m to £4.3m, describing it as “entirely unreliable” and “deliberately manipulated”.’

Litigation Futures, 9th March 2015

Source: www.litigationfutures.com

High Court awards £50,000 damages to lawyer libelled in online review – Legal Futures

Posted March 9th, 2015 in damages, defamation, internet, news by tracey

‘An American lawyer has successfully sued over an online review posted by a British man, winning £50,000 damages at the High Court.’

Legal Futures, 9th March 2015

Source: www.legalfutures.co.uk

Speech by HHJ Jarman: Administrative Court in Wales – Challenges and Opportunities – Judiciary of England and Wales

Posted March 9th, 2015 in Administrative Court, bills, judicial review, landlord & tenant, planning, rent, speeches, Wales by tracey

‘His Honour Judge Jarman QC gave a speech “Administrative Court in Wales: Challenges and Opportunities” at Swansea University on 19 November 2014.’

Judiciary of England and Wales, 6th March 2015

Source: www.judiciary.gov.uk

Speech by Mr Justice Hickinbottom: Administrative Court in Wales – Evolution or Revolution – Judiciary of England and Wales

Posted March 9th, 2015 in Administrative Court, asylum, courts, human rights, immigration, jurisdiction, planning, proportionality, speeches, Wales by tracey

‘The Hon Mr Justice Hickinbottom gave a speech at The First Administrative Court in Wales Lecture on “Administrative Court in Wales – Evolution or Revolution” on 20 February 2014.’

Judiciary of England and Wales, 6th March 2015

Source: www.judiciary.gov.uk

Pitfalls for Single Parents in Surrogacy – Family Law Week

Posted March 9th, 2015 in adoption, children, families, jurisdiction, news, surrogacy by tracey

‘Anne-Marie Hutchinson OBE, Partner, and Colin Rogerson, Solicitor Advocate, both of Dawson Cornwell, consider the options for single parents seeking legal parentage of children born through a surrogacy arrangement.’

Family Law Week, 6th March 2015

Source: www.familylawweek.co.uk

Nuptial Agreements: The Search for Intention – Family Law Week

Posted March 9th, 2015 in appeals, disclosure, divorce, enforcement, financial dispute resolution, financial provision, legal services, news, prenuptial agreements, Supreme Court by tracey

‘Ben Wooldridge, pupil at 1 Hare Court, reviews the court’s treatment of nuptial agreements since Radmacher v Granatino [2010] UKSC 42, highlighting emerging trends and the growing significance of the parties’ intentions in determining enforceability.’

Family Law Week, 5th MArch 2015

Source: www.familylawweek.co.uk

Dow Jones worker ‘made to dress as Santa’ wins unfair dismissal case – BBC News

Posted March 9th, 2015 in age discrimination, breach of trust, disciplinary procedures, employment tribunals, news, sex discrimination, unfair dismissal by tracey

‘A middle-aged accountant who said he was forced to dress up as Father Christmas and branded an “old buffer” has won his claim for unfair dismissal.’

BBC News, 6th March 2015

Source: www.bbc.co.uk

MPs ‘dismayed’ that police continue to compile database of faces – The Guardian

Posted March 9th, 2015 in criminal records, custody, data protection, inquiries, investigatory powers, news, photography, police, privacy by tracey

‘A committee of MPs has condemned police for continuing to upload custody photographs, including of people never charged, to a face recognition database, despite a high court judgement that ruled the practice was unlawful.’

The Guardian, 7th March 2015

Source: www.guardian.co.uk

Plymouth Taser officer cleared of misconduct – BBC News

Posted March 9th, 2015 in inquests, news, police, professional conduct, weapons by tracey

‘A police officer who Tasered a petrol-soaked man who then caught fire and died has been cleared of misconduct.’

BBC News, 7th March 2015

Source: www.bbc.co.uk

Cyril Smith abuse allegations: Cabinet Office denies cover-up – The Guardian

Posted March 9th, 2015 in child abuse, Crown Prosecution Service, disclosure, documents, government departments, inquiries, news, peerages & dignities by tracey

‘Documents released to Mail on Sunday reveal Margaret Thatcher knew of child abuse allegations against Rochdale MP before he was given knighthood.’

The Guardian, 8th March 2015

Source: www.guardian.co.uk

Are murderers born or made? – BBC News

Posted March 9th, 2015 in child abuse, crime prevention, criminal responsibility, DNA, murder, news by tracey

‘Murders are tragic but rare. But what drives some people to kill? Michael Mosley has been looking into research exploring the minds of murderers.’

BBC News, 9th March 2015

Source: www.bbc.co.uk

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