Proof of reputational damage necessary for libel actions to succeed, rules High Court – OUT-LAW.com

Posted August 6th, 2015 in defamation, evidence, media, news by sally

‘Businesses and people that bring libel actions should not succeed with those claims unless there is proof that the published comments made about them damage, or are likely to damage, their reputation, the High Court in London has ruled.’

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OUT-LAW.com, 5th August 2015

Source: www.out-law.com

Ukulele Wars: The Ukulele Orchestra of Great Britain v Clausen – NIPC Law

Posted August 6th, 2015 in EC law, intellectual property, news, striking out, trade marks by sally

‘Although Judge Hacon’s decision in The Ukulele Orchestra of Great Britain v Clausen and Another [2015] EWHC 1772 (IPEC) was reported as a “victory” in the Independent (The Ukulele Orchestra of Great Britain wins duel with German ‘copycat’ 3 July 2015) it was somewhat of the pyrrhic kind. The Ukulele Orchestra of Great Britain sued The United Kingdom Ukulele Orchestra for trade mark infringement, copyright infringement and passing off and applied to strike out the defence on the grounds of abuse of process less than two weeks before the trial. The claim succeeded on passing off but failed on all other counts. The claimants lost their Community trade mark and the judge saw no merit in the strike out application whatever.’

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NIPC Law, 5th August 2015

Source: www.nipclaw.blogspot.co.uk

Consultation and impact assessment on ending support for failed asylum seekers – Free Movement

Posted August 6th, 2015 in asylum, consultations, news, reports by sally

‘A consultation and impact assessment on the new panic proposals to remove asylum support for failed asylum seekers have been published. These reveal the details of the proposals.’

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Free Movement, 4th August 2015

Source: www.freemovement.org.uk

The legal fog of war among the people – UK Human Rights Blog

Posted August 6th, 2015 in appeals, armed forces, detention, human rights, international law, news by sally

‘The Court of Appeal has held that UK armed forces breached both Afghan law and Article 5 of the ECHR by detaining a suspected Taliban commander for longer than the 96 hours permitted by ISAF policy.’

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UK Human Rights Blog, 5th August 2015

Source: www.ukhumanrightsblog.com

Mothers Confined (part 3) | Lead by example: transforming rehabilitation – Halsbury’s Law Exchange

Posted August 6th, 2015 in news, rehabilitation, Scotland, supervision orders, women by sally

‘Transforming Reahabilitation (TR) has been offered as a way in which women in the Criminal Justice System (CJS) “will have increased access to support services”. Prior to the many women who were incarcerated pre-TR and would be released from prison without supervision, will now – regardless of whether they have served one day or 12 months – be required to have some form of supervision. Previously, all people leaving custody serving less than 12 months were released without supervision.’

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Halsbury’s Law Exchange, 6th August 2015

Source: www.halsburyslawexchange.co.uk

The Right to Die – London Review of Books

Posted August 6th, 2015 in assisted suicide, bills, human rights, news by sally

‘When suicide was decriminalised in 1961, assisting suicide continued to be a crime. This was in part an acceptance of the theological view of suicide as murder, but it was also a recognition of the difficulty in many cases, with the main actor by definition unable to testify, of distinguishing assisted dying from culpable homicide. The simple binary system that resulted, however, failed to take account of cases in which the deceased’s wish to die was explicit, considered and rational, and the need for help in accomplishing it demonstrable.’

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London Review of Books, 27th August 2015

Source: www.lrb.co.uk

Court of Appeal: Tenants on small claims track can be ordered to pay more than costs of issue – Litigation Futures

‘County courts can order tenants on the small claims track (SCT) to pay more than the costs of issuing the claim, the Court of Appeal has ruled.’
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Litigation Futures, 6th August 2015

Source: www.litigationfutures.com

Criminal court charges ‘trapping’ penniless suspects – Law Society’s Gazette

‘A charity today called for an urgent review of criminal courts charges after collating cases which it says prove the fees are ‘unrealistic and unfair’.’
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Law Society’s Gazette, 5th August 2015

Source: www.lawgazette.co.uk

When can the courts rule on the legality of future behaviour? – UK Human Rights Blog

‘This case concerned the application of the law in relation to future conduct, in particular, the role of the judicial review procedure in determining what precisely is meant by the prohibition on the selling of live animals under the Pet Animals Act 1951.’

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UK Human Rights Blog, 4th August 2015

Source: www.ukhumanrightsblog.com

‘Wilful’ breach of lease not sufficient to allow landlord to terminate, court rules – OUT-LAW.com

Posted August 6th, 2015 in appeals, forfeiture, landlord & tenant, leases, news by sally

‘A tenant who “wilfully” breached the conditions of his lease by sub-letting to an obnoxious sub-tenant without the consent of the ultimate landlord should not be forced to forfeit the lease immediately, the Court of Appeal has ruled.’
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OUT-LAW.com, 5th August 2015

Source: www.out-law.com

Smashing stereotypes, childcare and class snobbery: My life as a female judge – Daily Telegraph

Posted August 6th, 2015 in equality, judiciary, news, women by sally

‘New figures show there are more judges under 40 than ever in Britain – and more than half of them are women. Here, Marilyn Mornington, who became a judge at 40, explains what it’s like being a woman at the top of the law.’

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Daily Telegraph, 4th August 2015

Source: www.telegraph.co.uk

Witnesses to crimes are significantly less likely to trust the justice system, official research says – The Independent

Posted August 6th, 2015 in criminal justice, news, reports, witnesses by sally

‘People who have witnessed a crime are significantly less likely to trust the justice system than the rest of the public, according to new research published by the Government.’

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The Independent, 5th August 2015

Source: www.independent.co.uk

Solicitor ducks regulatory burden by becoming McKenzie Friend – Legal Futures

Posted August 6th, 2015 in bankruptcy, legal representation, McKenzie friends, news, solicitors by sally

A solicitor who became a professional McKenzie Friend after 20 years in practise, has hit out at the burden imposed on high street practitioners, which he said cost him almost £2m and pushed him into personal bankruptcy.
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Legal Futures, 6th August 2015

Source: www.legalfutures.co.uk

Judges considering fate of children as young as two amid radicalisation fears – The Guardian

Posted August 6th, 2015 in children, electronic monitoring, families, news, passports, terrorism by sally

‘More than 30 children – some “almost babes-in-arms” – have been made the subject of family court orders over radicalisation fears, police have revealed.’

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The Guardian, 5th August 2015

Source: www.guardian.co.uk

Father jailed for breaking baby son’s ribs and arms – BBC News

Posted August 6th, 2015 in child abuse, news, sentencing, wounding by sally

‘A father who “snapped” and shook his three-week-old baby son so hard he broke his ribs and arms has been jailed for eight years.’

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BBC News, 5th August 2015

Source: www.bbc.co.uk

Decriminalising prostitution could reduce levels of rape and sex attacks, report says – The Independent

Posted August 6th, 2015 in crime, news, pornography, prostitution, rape, reports, sexual offences by sally

‘Prostitution should be fully decriminalised because attempts to control the sex trade are ineffective and a waste of money, an academic report published today argues.’

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The Independent, 6th August 2015

Source: www.independent.co.uk

Why doesn’t our judiciary reflect the diverse society it serves? – The Guardian

Posted August 6th, 2015 in equality, judiciary, news, women by sally

‘What percentage of court of appeal and high court judges would you guess are women? What about the proportion of black and minority ethnic (BME) members of the judiciary?’

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The Guardian, 5th August 2015

Source: www.guardian.co.uk