12/10/2017 – Current Awareness

‘A UK bank has been fined £75,000 by the information commissioner after failing to ensure that recipients of millions of its marketing messages had consented to receiving those communications.’

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OUT-LAW.com, 12th October 2017

Source: www.out-law.com

Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law? – UK Constitutional Law Association

Posted October 12th, 2017 in brexit, constitutional law, constitutional reform, EC law, international law, news, treaties by sally

‘Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The latest reminders that the reality will be significantly different from their utopia of a prosperous global Buccaneering Britain has come in the form of a trade dispute between the U.S. and a Canadian aircraft manufacturer which could have a devastating impact on the Northern-Irish economy where the manufacturer has a significant base; and the threat from a gang of countries that they will not accept a proposed agreement (one of the few agreements for now) between the EU and UK as to the divvying up of agricultural import quotas after Brexit. Perhaps most galling on this front is the fact that the gang involves those with whom it was hoped trade deals would be swiftly struck; including the U.S. and New Zealand.’

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UK Constitutional Law Association, 10th October 2017

Source: ukconstitutionallaw.org

A place in your practice – Counsel

Posted October 12th, 2017 in barristers, legal services, news, solicitors by sally

‘As public access goes mainstream, Chris Bryden offers an insight into the merits (and pitfalls) of cutting out the middlemen.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

High Court rejects motor neurone sufferer’s application to overturn prohibition on assisted suicide – UK Human Rights Blog

Posted October 12th, 2017 in assisted suicide, human rights, news by sally

‘This case concerns the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. See our previous post on it here and here. It follows a line of cases which have addressed that or similar issues, in particular R (Pretty) v Director of Public Prosecutions [2001] UKHL 61; [2002] 1 AC 800 (“Pretty“), R (Purdy) v Director of Public Prosecutions [2009] UKHL 54; [2010] 1 AC 345 (“Purdy“) and R (Nicklinson) v Ministry of Justice [2014] UKSC 38; [2015] AC 657(“Nicklinson“). Permission to bring this judicial review was granted by the Court of Appeal (McFarlane and Beatson LJJ, see [2017] EWCA Civ 275), having earlier been refused by the Divisional Court (Burnett LJ, Charles and Jay JJ) at [2017] EWHC 640 (Admin’

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UK Human Rights Blog, 11th October 2017

Source: ukhumanrightsblog.com

UK proposals for child data consent could be illegal, says peer – OUT-LAW.com

Posted October 12th, 2017 in bills, children, consent, data protection, internet, news by sally

‘Plans to make 13 the age at which children in the UK can consent to the processing of their data on social media websites and other online platforms “would almost certainly be illegal”, a UK peer has said.’

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OUT-LAW.com, 12th October 2017

Source: www.out-law.com

Criminal or casualty? – Counsel

Posted October 12th, 2017 in armed forces, diminished responsibility, homicide, mental health, murder, news, war by sally

‘Marine A is a salutary lesson on the pressures of modern warfare and those acting for service personnel, say Shaun Esprit and Jo Morris.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

UK gender inequality as bad as 10 years ago, EU league table shows – The Guardian

Posted October 12th, 2017 in education, employment, equality, gender, news, reports, sex discrimination by sally

‘Britain has made zero progress in tackling inequality between the sexes in the past decade and lags behind Sweden, Denmark, Finland, the Netherlands and France in the EU’s latest gender equality league table.’

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The Guardian, 11th October 2017

Source: www.theguardian.com

Better case management – Counsel

Posted October 12th, 2017 in case management, criminal procedure, Crown Court, evidence, news by sally

‘Two years on, how have collective efforts to make every court hearing count evolved? Peter Hungerford-Welch summarises the procedural changes and the message from case law.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

Supreme Court to consider if NHS in breach over man who left A&E before triage – Local Government Lawyer

Posted October 12th, 2017 in appeals, duty of care, health, hospitals, medical treatment, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over a Court of Appeal ruling that the NHS was not in breach of its duty when a man left an accident and emergency department and subsequently suffered brain damage.’

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Local Government Lawyer, 10th October 2017

Source: www.localgovernmentlawyer.co.uk

Screening for protection in healthtech services – Technomed v Bluecrest – Technology Law Update

Posted October 12th, 2017 in copyright, database right, health, intellectual property, news by sally

‘A recent court decision on infringement of IP in an ECG screening service shows how components of the service qualify for different forms of protection. Reliance on less obvious IP rights can offer valuable cover for a business’s assets even in the absence of patent protection.’

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Technology Law Update, 11th September 2017

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

Ministry of Justice “set to repeat mistakes of LASPO”, warns MASS chairman – Litigation Futures

Posted October 12th, 2017 in consultations, insurance, Ministry of Justice, news, personal injuries by sally

‘ASPO has not brought down insurance premiums, stopped referral fees or seen accident victims benefit from the promised 10% uplift in damages, and the Ministry of Justice is set to repeat its mistakes in the Civil Liability Bill, the chairman of the Motor Accident Solicitors Society (MASS) claimed yesterday.’

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Litigation Futures, 12th October 2017

Source: www.litigationfutures.com

Campaigner for gender-neutral passports wins court challenge – BBC News

Posted October 12th, 2017 in gender, human rights, news, passports by sally

‘A campaigner has been given the go-ahead to bring a High Court challenge against the government over gender-neutral passports.’

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BBC News, 11th October 2017

Source: www.bbc.co.uk

Home Office treated couple living legally in UK ‘like criminals’ – The Guardian

Posted October 12th, 2017 in appeals, deportation, government departments, immigration, news by sally

‘A Spanish woman who has lived in the UK for 15 years has accused the Home Office of treating her family like criminals after her American husband and the father of her three children applied for a permanent residency (PR) card.’

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The Guardian, 11th October 2017

Source: www.theguardian.com

Whalley v Advantage Insurance [2017]: Costs Consequences Following the Late Acceptance of Part 36 Offers in Fixed Costs Cases – Zenith PI Blog

Posted October 12th, 2017 in civil procedure rules, costs, delay, insurance, news, part 36 offers, personal injuries by sally

‘The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on 30th December 2015. The Defendant did not in fact accept the Claimant’s Part 36 offer until 29th January 2016. The delay in accepting the offer was therefore just under one month post expiry. Quantum was agreed in the sum of £10,000 which was paid. The issue was whether the Claimant’s costs were limited to fixed costs for the entire action or whether the Claimant was entitled to either assessed costs or indemnity costs for the period 30th December 2015 to 29th January 2016.’

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Zenith PI Blog, 11th October 2017

Source: zenithpi.wordpress.com

Prison has ‘deliberate policy’ of accepting sex offenders to help reduce violence, report finds – Daily Telegraph

Posted October 12th, 2017 in news, prisons, reports, sexual offences, violence by sally

‘One of the UK’s most violent prisons has begun a “deliberate policy” of accepting sex offenders to help tackle high levels of disturbance, according to a watchdog report.’

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Daily Telegraph, 12th October 2017

Source: www.telegraph.co.uk

UK government considers classifying Google and Facebook as publishers – The Guardian

Posted October 12th, 2017 in freedom of expression, intellectual property, internet, media, news, publishing by sally

‘Karen Bradley, the culture secretary, has said the government is considering changing the legal status of Google, Facebook and other internet companies amid growing concerns about copyright infringement and the spread of extremist material online.’

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The Guardian, 11th October 2017

Source: www.theguardian.com

Moped robbery gang jailed after 100-victim crime spree – BBC News

Posted October 12th, 2017 in conspiracy, gangs, motorcycles, news, offensive weapons, robbery, sentencing by sally

‘A moped gang that robbed more than 100 people, including an attempted robbery on former chancellor George Osborne, has been jailed.’

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BBC News, 11th October 2017

Source: www.bbc.co.uk