Month: June 2015

Do you copy? UK’s new format-shifting exception found illegal – Technology Law Update

Posted June 30th, 2015 in artistic works, compensation, copyright, EC law, intellectual property, news by sally

‘You buy a CD and makes a copy for use on a portable device, or for storage in a cloud service. That’s allowed isn’t it? Well, it wasn’t strictly legal in the UK until October 2014. That was when the UK introduced a new exception from copyright infringement for personal copies for an individual’s private use. Now the new exception has been found illegal in court and hangs in the balance while the courts and the UK government decide what happens next.’

Full story

Technology Law Update, 26th June 2015

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

Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

Posted June 30th, 2015 in appeals, delay, disabled persons, evidence, litigants in person, medical records, mental health, news, striking out, time limits by sally

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

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Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

Jails and universities obliged to prevent radicalisation as new act becomes law – The Guardian

Posted June 30th, 2015 in codes of practice, hospitals, Islam, local government, news, prisons, school children, statutory duty, terrorism, universities by sally

‘Local authorities, prisons, NHS trusts, schools, universities and further education institutions will this week be placed under a new statutory duty to prevent extremist radicalisation taking place within their walls.’

Full story

The Guardian, 29th June 2015

Source: www.guardian.co.uk

Tribunal rejects request for correspondence between solicitor and planning officers – Local Government Lawyer

Posted June 30th, 2015 in appeals, confidentiality, disclosure, documents, legal profession, local government, news, planning, precedent, privilege, public interest, solicitors, telecommunications by sally

‘The First-Tier Tribunal has ruled that a district council was entitled to refuse to disclose correspondence passing between one of its solicitors and various members of its planning department.’
Full story

Local Government Lawyer, 30th June 2015

Source: www.localgovernmentlawyer.co.uk

Szegfu v Court of Pecs, Hungary – WLR Daily

Posted June 30th, 2015 in appeals, criminal procedure, delay, extradition, foreign jurisdictions, law reports, time limits by sally

Szegfu v Court of Pecs, Hungary [2015] EWHC 1764 (Admin); [2015] WLR (D) 273

‘Guidance on the application of section 26(5) of the Extradition Act 2003 relaxing the application of the strict time limit for bringing an extradition appeal in section 26(4).’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) – WLR Daily

Posted June 30th, 2015 in accountants, appeals, contracts, damages, duty of care, law reports, loans, negligence by sally

Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) [2015] EWCA Civ 629; [2015] WLR (D) 278

‘In a claim resulting from negligent advice the damages were not to be reduced to reflect a repayment to the claimant of debt made pursuant to a refinancing where such transaction, while arising because of the relevant breach of duty, did not arise in the ordinary course of business.’

WLR Daily, 25th June 2015

Source: www.iclr.co.uk

Regina (Lumsdon and others) v Legal Services Board – WLR Daily

Posted June 30th, 2015 in advocacy, appeals, barristers, EC law, judicial review, law reports, Legal Services Board, proportionality, quality assurance, Solicitors Regulation Authority, standards, Supreme Court by sally

Regina (Lumsdon and others) v Legal Services Board [2015] UKSC 41; [2015] WLR (D) 270

‘The decision of the Legal Services Board to approve the Quality Assurance Scheme for Advocates (“QASA”), introduced by the regulators to assess the performance of criminal advocates in England and Wales, complied with the requirements of article 9 of Parliament and Council Directive 2006/123/EC and regulation 14 of the Provision of Services Regulations 2009 (SI 2009/2999), and was proportionate and lawful.’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others – WLR Daily

Posted June 30th, 2015 in appeals, asylum, case management, detention, immigration, law reports, tribunals, ultra vires by sally

Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others [2015] EWHC 1689 (Admin); [2015] WLR (D) 267

‘The fast track rule regime in the Schedule to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 was ultra vires.’

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

Essop and others v Home Office (UK Border Agency) – WLR Daily

Posted June 30th, 2015 in appeals, employment, employment tribunals, equality, government departments, law reports, race discrimination, statistics by sally

Essop and others v Home Office (UK Border Agency) [2015] EWCA Civ 609; [2015] WLR (D) 269

‘In order to succeed in claims of indirect discrimination under section 19 of the Equality Act 2010 based upon the protected characteristics of race and/or age the claimants had to prove the nature of the group disadvantage for the purposes of surmounting the section 19(2)(b) hurdle and each claimant had also to prove that he had suffered the same disadvantage for the purposes of surmounting the section 19(2)(c) hurdle.’

WLR Daily, 22nd June 2015

Source: www.iclr.co.uk

Judge’s Instagram ruling a ‘practical solution’ to problems of online anonymity, says expert – OUT-LAW.com

Posted June 30th, 2015 in anonymity, civil procedure rules, complaints, disclosure, documents, harassment, injunctions, internet, news, sexual offences by sally

‘A judge’s decision to allow a man experiencing alleged harassment over the internet to serve legal claims to the person accused of the activity via Instagram “appears to be a practical solution” to the issue of online anonymity, an expert has said.’

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OUT-LAW.com, 26th June 2015

Source: www.out-law.com

How late it was, how late – Nearly Legal

Posted June 30th, 2015 in deposits, housing, landlord & tenant, news, time limits by sally

‘A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven’t figured out how the deposit rules work.’

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Nearly Legal, 29th June 2015

Source: www.nearlylegal.co.uk

Greville Janner case: Alison Saunders faces calls to publish secret papers – Daily Telegraph

Posted June 30th, 2015 in child abuse, Crown Prosecution Service, disclosure, documents, elderly, inquiries, mental health, news, public interest, sexual offences, victims by sally

‘Alleged child abuse victims and MPs say independent review of bungled case must be made public.’

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Daily Telegraph, 29th June 2015

Source: www.telegraph.co.uk

Detained asylum seekers to be able to apply for bail – The Guardian

Posted June 30th, 2015 in appeals, asylum, bail, detention, immigration, news, statistics by sally

‘Hundreds of failed asylum seekers in immigration detention centres will be able to apply to be freed on bail, the Home Office is expected to confirm shortly.’

Full story

The Guardian, 29th June 2015

Source: www.guardian.co.uk

Gay couple in fight for equal pension rights – BBC News

Posted June 30th, 2015 in appeals, civil partnerships, EC law, employment tribunals, equality, homosexuality, married persons, news, pensions by sally

‘A gay man has launched a legal bid for his husband to have the same pension rights a wife would have if he was in a heterosexual relationship.’

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BBC News, 29th June 2015

Source: www.bbc.co.uk

Supreme Court on EU and ECHR proportionality – back to basics – UK Human Rights Blog

Posted June 29th, 2015 in advocacy, appeals, barristers, EC law, human rights, limitations, news, proportionality, public interest, quality assurance, Supreme Court by sally

‘The Supreme Court has reminded us, in a tour de force by Lord Reed, that there is no such thing as one-stop proportionality. It varies between ECHR and EU law, and the tests of EU proportionality then vary according to the nature of the EU issue in play.’

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UK Human Rights Blog, 27th June 2015

Source: www.ukhumanrightsblog.com

‘Inept’ head of family drug-dealing gang sentenced to nine years in jail – The Guardian

Posted June 29th, 2015 in benefits, conspiracy, drug trafficking, news, sentencing by sally

‘A couple who were part of a family-run multimillion-pound drugs ring spent £40,000 on their wedding and lived a lavish lifestyle while still claiming benefits, a court heard.’

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The Guardian, 26th June 2015

Source: www.guardian.co.uk

Child rapist banned from contact with children is given permission to live with toddler daughter – Daily Telegraph

Posted June 29th, 2015 in child abuse, children, news, rape, sexual offences, sexual offences prevention orders by sally

‘The 24-year-old man was convicted of raping a 12-year-old girl when he was 17, but is said to be ‘contrite and remorseful’ about the ‘awful crime’.’

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Daily Telegraph, 26th June 2015

Source: www.telegraph.co.uk

Roger Griffiths cleared of historical sex abuse charges – BBC News

Posted June 29th, 2015 in child abuse, news, sexual offences by sally

‘One of seven men on trial for historical child sex offences has been cleared of all charges against him.’

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BBC News, 26th June 2015

Source: www.bbc.co.uk

The Lord Janner U-turn is the CPS’s own fault – The Guardian

Posted June 29th, 2015 in child abuse, Crown Prosecution Service, elderly, mental health, news, prosecutions, public interest, sexual offences, victims by sally

‘Between the independent reviewer and the DPP there’s no disagreement on facts, but ultimately it’s highly unlikely Janner will appear in court.’

Full story

The Guardian, 29th June 2015

Source: www.guardian.co.uk

Lawyers’ strike over legal aid cuts boosted by the backing of major firms – The Independent

Posted June 29th, 2015 in advocacy, barristers, budgets, courts, fees, industrial action, law firms, legal aid, news, solicitors, standards by sally

‘The “strike” by lawyers which threatens to bring chaos to the criminal justice system next week has received a substantial boost after the country’s biggest legal aid firms pledged to support the action.’

Full story

The Independent, 26th June 2015

Source: www.independent.co.uk