March 2019 – Page 3 – Current Awareness

‘Acting without integrity involves “greater moral turpitude” on the part of a solicitor than dishonesty but a lesser sanction, a High Court judge has found, while appearing to question previous Court of Appeal authority on the issue.’

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Legal Futures, 27th March 2019

Source: www.legalfutures.co.uk

What do major copyright changes mean for internet freedom? – The Guardian

Posted March 27th, 2019 in copyright, EC law, freedom of expression, internet, news by sally

‘The European parliament approved the largest, and most contentious, overhaul of copyright legislation in two decades on Monday. When the directive comes into effect, it will be the biggest change to internet regulation since General Data Protection Regulation (GDPR).’

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The Guardian, 26th March 2019

Source: www.theguardian.com

Solicitors lose right to fees after ending retainer “peremptorily” – Litigation Futures

Posted March 27th, 2019 in costs, deceit, fees, news, solicitors by sally

‘Solicitors who terminated their retainer “peremptorily” without investigating the circumstances of evidence that might have thrown the case into doubt have lost their claim to £8,000 in fees.’

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Litigation Futures, 26th March 2019

Source: www.litigationfutures.com

Facebook and Instagram could be hit by new laws if they do not do enough to stamp out anti-vaccine messages – Daily Telegraph

Posted March 27th, 2019 in children, communicating false information, duty of care, internet, medical treatment, medicines, news, statistics, vaccination by sally

‘Social media firms could be hit with new laws to stop them allowing the spread of anti-vaxxers’ myths online, the Health Secretary has said.’

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Daily Telegraph, 26th March 2019

Source: www.telegraph.co.uk

Can I work from home as a lawyer? – The Guardian

Posted March 27th, 2019 in employment, flexible working, legal profession, mental health, news, solicitors by sally

‘Agile working is on the rise in the legal profession, with employees free to work where, when and how they choose.’

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The Guardian, 26th March 2019

Source: www.theguardian.com

Iran TV station did not break rules over interview praising attack – Ofcom – The Guardian

Posted March 27th, 2019 in codes of practice, complaints, Iran, media, news, ombudsmen, terrorism by sally

‘Iran International did not breach the broadcasting code by interviewing a spokesman for a separatist group who praised last September’s terrorist attack in the Iranian city of Ahvaz, the British regulator Ofcom has ruled.’

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The Guardian, 26th March 2019

Source: www.theguardian.com

Police officer sacked for abusing staff at takeaway wins job back as remarks ‘were not worst kind of racism’ – Daily Telegraph

Posted March 27th, 2019 in disciplinary procedures, news, police, professional conduct, racism, unfair dismissal by sally

‘A policewoman who was sacked after she racially abused takeaway staff has been allowed to return to the beat after claiming her remarks “were not the worst kind of racism”.’

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Daily Telegraph, 26th March 2019

Source: www.telegraph.co.uk

Court: time and day can impact limitation period – OUT-LAW.com

Posted March 27th, 2019 in appeals, limitations, news, shareholders, time limits by sally

‘The time of day that a cause of action accrues can alter the date on which the limitation period for raising a claim against that action expires, the Court of Appeal has suggested.’

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OUT-LAW.com, 26th March 2019

Source: www.out-law.com

Five jailed over bid to smuggle £112m of cocaine into UK – The Guardian

Posted March 27th, 2019 in drug offences, drug trafficking, news, sentencing by sally

‘Five men involved in a plot to bring cocaine with a street value of £112m to the UK from South America in a sailing catamaran have been jailed.’

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The Guardian, 26th March 2019

Source: www.theguardian.com

Angela Wrightson: Killer girls bid to extend anonymity – BBC News

Posted March 27th, 2019 in alcohol abuse, anonymity, causing death of children or vulnerable adults, injunctions, media, murder, news, reporting restrictions, young offenders by sally

‘Two girls who were 13 and 14 when they murdered a vulnerable alcoholic in her own home are taking legal action to remain anonymous into adulthood.’

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BBC News, 26th March 2019

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 26th, 2019 in legislation by tracey

The Insurance Distribution (Amendment) (EU Exit) Regulations 2019

The Investment Exchanges, Clearing Houses and Central Securities Depositories (Amendment) (EU Exit) Regulations 2019

The Payment Accounts (Amendment) (EU Exit) Regulations 2019

The Securitisation (Amendment) (EU Exit) Regulations 2019

The Tonnage Tax (Exception of Financial Year 2019) Order 2019

The Benchmarks (Amendment and Transitional Provision) (EU Exit) Regulations 2019

The Mortgage Credit (Amendment) (EU Exit) Regulations 2019

The Aviation Statistics (Amendment etc.) (EU Exit) Regulations 2019

The Aviation Noise (Amendment) (EU Exit) Regulations 2019

The General Food Hygiene (Amendment) (EU Exit) Regulations 2019

The Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019

The Contaminants in Food (Amendment) (EU Exit) Regulations 2019

The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 26th, 2019 in law reports by tracey

High Court (Administrative Court)

The Independent Workers’ Union of Great Britain, R (on the application of) v Central Arbitration Committee & Ors [2019] EWHC 728 (Admin) (25 March 2019)

High Court (Chancery Division)

Galazi & Anor v Christoforou & Ors [2019] EWHC 670 (Ch) (26 March 2019)

Source: www.bailii.org

Finding an ethical way forward for Artificial Intelligence – Technology Law Update

Posted March 26th, 2019 in artificial intelligence, data protection, news, privacy by sally

‘Artificial intelligence is making an impact in real-world situations, from agritech to music composition, and healthcare data analysis to customer service. As the technology expands, this is an important moment for establishing a competitive advantage.’

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Technology Law Update, 25th March 2019

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

Philip Allott: Unexpected Denouement. The UK Remains in the EU by Mistake. The Brexit Saga Could Run and Run – UK Constitutional Law Association

Posted March 26th, 2019 in brexit, constitutional law, EC law, news, notification, time limits, treaties by sally

‘The two-year time-limit in Article 50 of the Treaty on European Union has come and gone. It is now possible that no withdrawal agreement between the European Council and the UK will be concluded. This means that the UK would leave the EU in catastrophic circumstances on April 12. An interesting final irony would be that the UK would be leaving the EU on the basis of a legal howler.’

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UK Constitutional Law Association, 26th March 2019

Source: ukconstitutionallaw.org

Opposite sex civil partnerships – Religion & Law UK

Posted March 26th, 2019 in bills, civil partnerships, marriage, news by sally

‘On 15 March, the Commons considered and agreed to the Lords Amendments to Tim Loughton’s Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill, which now goes for Royal Assent. We noted that “at some point … the Government will bring forward proposals for a digital registration system and will be introducing Regulations for opposite sex civil partnerships”. Many (other) commentators were quick to suggest that the changes relating to civil partnerships, marriage certificates, &c had already been incorporated within the law. However, an examination of the Bill documents reveals that it is comprised of enabling provisions, and additional secondary legislation is necessary before any of its provisions pass into law.’

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Religion & Law UK, 26th March 2019

Source: www.lawandreligionuk.com

The Extremism Database is in Breach of the European Convention on Human Rights – Oxford Human Rights Hub

Posted March 26th, 2019 in data protection, human rights, news, police, proscribed organisations, terrorism by sally

‘On 24 January 2019, the European Court of Human Rights (the ECtHR) delivered its judgment in the case of Catt v. the UK and found that police powers to retain personal data in its Extremism Database is in breach of the European Convention on Human Rights.’

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Oxford Human Rights Hub, 26th March 2019

Source: ohrh.law.ox.ac.uk

Court asked to resolve confusion over Inheritance Act claims – Law Society’s Gazette

Posted March 26th, 2019 in appeals, families, family courts, news, time limits by sally

‘A case that threw a wrecking ball at the practice of lawyers making stand-still agreements over late claims could be challenged in the Court of Appeal.’

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Law Society's Gazette, 25th March 2019

Source: www.lawgazette.co.uk

Catalogue of failings led to death of ‘gentle’ man at detention centre – The Guardian

Posted March 26th, 2019 in death in custody, detention, immigration, inquests, news by sally

‘A catalogue of failings contributed to the killing of a “gentle and polite” man in immigration detention, an inquest jury has found.’

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The Guardian, 25th March 2019

Source: www.theguardian.com