24/02/2020 – Current Awareness

Patents – Conversant Wireless Licensing v Huawei Technologies Co. Ltd and Others – NIPC Law

Posted February 24th, 2020 in case management, costs, disclosure, licensing, news, patents, proportionality by sally

‘This was an application by the claimant, Conversant Wireless Licensing SARL for disclosure of the licence agreements and assignments relating to 3G and 4G patents that had been entered by the defendants, Huawei Technologies Co Ltd., ZTE (UK) Limited and their British subsidiaries. Substantially the same application had been made to His Honour Judge Hacon at the case management conference in the action which took place in July 2019. The later application was heard by Mr Justice Birss who delivered judgment in Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others [2020] EWHC 256 (Pat) on 10 Feb 2020. The reference to the CMC in the transcript of Mr Justice Birss’s judgment is [2009] EWHC 1982 (Pat) but I think that must be a misprint for [2019].’

NIPC Law, 22nd February 2020

Source: nipclaw.blogspot.com

Alex Schymyck: Vulnerable Detainees in Prison Illustrate the Need for Consistency as a Ground of Review – UK Constitutional Law Association

Posted February 24th, 2020 in appeals, detention, immigration, news, prisons, Supreme Court by sally

‘In R (MR (Pakistan)) v Secretary of State for Justice & Others, the High Court rejected a claim that the inequality in procedural protections available to vulnerable immigration detainees, which depend significantly on the venue of detention, is irrational. The nature of the decision, which fails to properly evaluate the reasons advanced for the difference, highlights two problems caused by the Supreme Court’s refusal to accept consistency as a ground of review in R (Gallaher Group Ltd) v The Competition and Markets Authority. Firstly, the lack of a clear framework for how irrationality should be applied creates a risk that judges accept tangential or irrelevant justifications for inconsistency. Secondly, by keeping consistency within the irrationality framework without any articulation of how separation of powers concerns fluctuate in different contexts, there is a risk of overly deferential decisions. In MR (Pakistan) both of these risks materialised with seriously deleterious consequences for immigration detainees held in prisons.’

UK Constitutional Law Association, 24th February 2020

Source: ukconstitutionallaw.org

Call for English councils to be given powers to regulate Airbnb – The Guardian

Posted February 24th, 2020 in holidays, hotels, housing, landlord & tenant, local government, news by sally

‘Local councils in England must be given powers to regulate Airbnb and other short-term letting sites in order to alleviate the “intolerable” pressure they put on the availability of local housing, the Green party MP, Caroline Lucas, has said.’

The Guardian, 21st February 2020

Source: www.theguardian.com

Certainty of delivery of notices – Upper Tribunal on the burden of proof – Nearly Legal

Posted February 24th, 2020 in burden of proof, housing, landlord & tenant, news, notification, service charges, tribunals by sally

‘A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had reached a decision about the reasonableness of the service charge demands, but in respect of the respondent, it held that the charges were not payable by the respondent because she had not received the demands.’

Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk

Let’s face it: use of automated facial recognition technology by the police – UK Police Law Blog

Posted February 24th, 2020 in artificial intelligence, computer programs, data protection, facial mapping, human rights, investigatory powers, news, police, privacy by sally

‘The case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner [2019] EWHC 2341 (Admin); [2020] 1 WLR 672 is said to have been the first claim brought before a court anywhere on planet earth concerning the use by police of automated facial recognition (“AFR”) technology. There could be nothing wrong with posting scores of police officers with eidetic memories to look out for up to a 800 wanted persons at public gatherings. So why not use a powerful computer, capable of matching 50 faces a second with a database of (under) 800 suspects, to do this job much more cheaply and instantaneously, flagging any matches to a human operator for final assessment? According to the Divisional Court in Bridges, this may, depending on the facts of each particular deployment, be lawful.’

UK Police Law Blog, 21st February 2020

Source: ukpolicelawblog.com

Chichester vicar jailed for ‘this is what God wants’ abuse – BBC News

Posted February 24th, 2020 in abuse of position of trust, Church of England, imprisonment, news, sentencing, sexual offences by sally

‘A former vicar who sexually abused a woman and a girl, who he told “it was what God wanted”, has been jailed for eight years.’

BBC News, 21st February 2020

Source: www.bbc.co.uk

“Redesign legal services” to make them more accessible – Legal Futures

Posted February 24th, 2020 in legal services, Legal Services Board, news by sally

‘The way legal services are provided needs to change to recognise that a large portion of the population struggles with the law and needs more help with accessing it, a report from the Legal Services Board (LSB) has urged.’

Legal Futures, 24th February 2020

Source: www.legalfutures.co.uk

UN warns of rise of ‘cybertorture’ to bypass physical ban – The Guardian

Posted February 24th, 2020 in defamation, harassment, inquiries, internet, malicious communications, news, rendition, terrorism, torture, United Nations by sally

‘Psychological torture is being exploited by states to circumvent the more widely understood ban on physically inflicting pain and may open the way to a future of “cybertorture”, the UN torture rapporteur has said.’

The Guardian, 21st February 2020

Source: www.theguardian.com

‘Misconceived’: ECtHR chief hits back at Sumption over rights – Law Society’s Gazette

Posted February 24th, 2020 in families, human rights, judiciary, news, parliament, privacy, rule of law by sally

‘Now is a dangerous time to roll back judicial power, the vice president of the European Court of Human Rights has said in a public rebuff to Lord Sumption’s high profile criticism of ‘law’s expanding empire’.’

Law Society's Gazette, 22nd February 2020

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 24th, 2020 in legislation by tracey

The Communications (Television Licensing) (Amendment) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 24th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

K (Forced Marriage: Passport Order) (Rev 2) [2020] EWCA Civ 190 (21 February 2020)

Clark v HM Revenue and Customs [2020] EWCA Civ 204 (21 February 2020)

High Court (Administrative Court)

A & Anor, R (On the Application Of) v South Kent Coastal CCG & Ors [2020] EWHC 372 (Admin) (21 February 2020)

High Court (Commercial Court)

Atlas Residential Solutions Management UK Ltd & Anor v Greengate S.A.R.L. [2020] EWHC 366 (Comm) (21 February 2020)

High Court (Queen’s Bench Division)

Strategic Technologies Pte Ltd v Procurement Bureau of the Republic of China Ministry of National Defence [2020] EWHC 362 (QB) (21 February 2020)

Source: www.bailii.org

Another Re W – a successful appeal against refusal for leave to oppose an adoption – Transparency Project

Posted February 24th, 2020 in adoption, appeals, care orders, child cruelty, child neglect, children, expert witnesses, families, news, social services by sally

‘In this unusual case, Re W (A child: leave to oppose adoption) [2020] EWCA (Civ) 16, the Court of Appeal has given birth parents leave to oppose an adoption order being made. The child is nearly three years old and has been living with his prospective adopters since he was aged 17 months, in November 2018, after care and placement orders had been made in March of that year. He has never lived with his parents and has not had any contact with them since October 2018.’

Transparency Project, 23rd February 2020

Source: www.transparencyproject.org.uk

UK venues could face legal duty to provide protection from terrorism – The Guardian

Posted February 24th, 2020 in consultations, government departments, health & safety, news, police, statutory duty, terrorism by sally

‘The owners and operators of businesses and public spaces such as concert halls, shopping centres and parks will be legally bound to protect such venues from terrorism under a new statutory duty proposed by the government.’

The Guardian, 24th February 2020

Source: www.theguardian.com

Samira Ahmed and BBC reach equal pay settlement – Daily Telegraph

Posted February 24th, 2020 in BBC, employment, employment tribunals, equality, news, remuneration, sex discrimination, women by sally

‘Samira Ahmed and the BBC have reached a settlement after the presenter won her equal pay claim against the corporation.’

Daily Telegraph, 24th February 2020

Source: www.telegraph.co.uk

You know what I mean – Errors in section 8 notices – Nearly Legal

Posted February 24th, 2020 in appeals, housing, landlord & tenant, news, notification, rent, repossession by sally

‘Does an error in a section 8 notice – in this case specifically as to the earliest date on which possession proceedings can begin – invalidate the notice?’

Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk

High Court grants permission for planning judicial review challenge over alleged Equality Act breach – Local Government Lawyer

Posted February 24th, 2020 in age discrimination, elderly, equality, housing, judicial review, local government, news, planning by sally

‘A High Court judge has granted permission for a planning judicial review challenge in part over an alleged breach of the public sector equality duty, Landmark Chambers has reported.’

Local Government Lawyer, 21st February 2020

Source: www.localgovernmentlawyer.co.uk

Parties can contract out of fixed costs regime – Litigation Futures

Posted February 24th, 2020 in accidents, compensation, costs, news, personal injuries by sally

‘Parties can agree to contract out of fixed costs, a regional costs judge has ruled.’

Litigation Futures, 24th February 2020

Source: www.litigationfutures.com

St Paul’s bomb plot: IS supporter Safiyya Shaikh pleads guilty – BBC News

Posted February 24th, 2020 in explosives, guilty pleas, Islam, news, terrorism by sally

‘A supporter of the banned Islamic State terror group has admitted plotting to blow herself up in a bomb attack on St Paul’s Cathedral.’

BBC News, 21st February 2020

Source: www.bbc.co.uk

Grenfell public inquiry delayed again over evidence concerns – The Guardian

Posted February 24th, 2020 in accidents, criminal justice, delay, evidence, fire, inquiries, negligence, news by sally

‘The Grenfell Tower public inquiry has been delayed again over demands from companies involved in the disastrous refurbishment that their evidence should not be used to help jail them.’

The Guardian, 23rd February 2020

Source: www.theguardian.com

Twitter, trans rights and the role of the police — an extended look – – UK Human Rights Blog

Posted February 24th, 2020 in appeals, equality, freedom of expression, gender, hate crime, human rights, internet, news, police, transgender persons by sally

‘The case of R (Miller) v The College of Policing & The Chief Constable of Humberside [2020] EWHC 225 (Admin) is yet another decision arising out of an individual’s use of Twitter to share transphobic, or as they see it “gender critical”, views.’

UK Human Rights Blog, 21st February 2020

Source: ukhumanrightsblog.com

1
2
»

Categories

Archives