Fresh grounds and evidence before the CAT – Competition Bulletin from Blackstone Chambers

Posted March 23rd, 2015 in appeals, competition, evidence, news, ombudsmen, telecommunications, tribunals by sally

‘On the face of it, BT was the main winner in this week’s ruling from the Competition Appeal Tribunal: see British Telecommunications plc v Office of Communications [2015] CAT 6. However, the decision, which makes interesting comments on the rights of parties to adduce new grounds and evidence on an appeal, raises important notes of caution to all parties which may wish to appeal or intervene in future cases.’

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Competition Bulletin from Blackstone Chambers, 20th March 2015

Source: www.competitionbulletin.com

Telephone gateway ‘barrier’ to justice – Law Society’s Gazette

Posted March 4th, 2015 in legal aid, legal services, news, telecommunications by sally

‘The new mandatory gateway for civil legal advice may have been a barrier to access to justice, according to charity Public Law Project, which has published research showing the service has been used far less widely than expected.’

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Law Society’s Gazette, 3rd March 2015

Source: www.lawgazette.co.uk

Access all areas? – New Law Journal

‘Overriding lawyer-client & confidential communications is incompatible with the rule of law, as Nicholas Griffin QC, Robert O’Sullivan QC & Gordon Nardell QC explain.’

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New Law Journal, 27th February 2015

Source: www.newlawjournal.co.uk

Press regulator to look at Daily Telegraph and HSBC allegations – The Guardian

‘The press regulator is to look at allegations that the Daily Telegraph allowed commercial pressures to dictate editorial decisions following Peter Oborne’s resignation over its coverage of HSBC.’

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The Guardian, 24th February 2015

Source: www.guardian.co.uk

How your phone and fitness band could end up giving evidence against you – The Guardian

‘A criminal suspect can’t be forced to divulge their phone passcode, a US circuit court judge ruled in October 2014. Yet law enforcement officials can compel a suspect to provide a fingerprint – which they can then use to unlock the phone and obtain data which may prove the case against them.’

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The Guardian, 24th February 2015

Source: www.guardian.co.uk

Judges to rule on police requests for journalists’ phone records – Daily Telegraph

‘Police to be told they need to obtain the permission of a judge if they want to obtain details of a journalist’s phone calls or emails.’

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Daily Telegraph, 21st February 2015

Source: www.telegraph.co.uk

UK admits unlawfully monitoring legally privileged communications – The Guardian

‘The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.’

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The Guardian, 18th February 2015

Source: www.guardian.co.uk

Twitter joke trial law is being used to win easy convictions and must be scrapped, report claims – The Independent

‘The law used to prosecute a man for joking on Twitter about blowing up a snowbound airport should be scrapped since it is used to get easy convictions, according to a report out today.’

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The Independent, 19th February 2015

Source: www.independent.co.uk

Smoking ban in prisons: Inmate wants access to enforcement hotline – BBC News

Posted February 18th, 2015 in confidentiality, health, news, prisons, smoking, telecommunications by sally

‘A prisoner has launched a legal challenge to give inmates the right to report unauthorised smoking in jail.’

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BBC News, 12th February 2015

Source: www.bbc.co.uk

‘Revenge porn’ illegal under new law in England and Wales – BBC News

Posted February 12th, 2015 in bills, crime, harassment, internet, news, pornography, telecommunications by sally

‘Posting “revenge porn” images and videos on the internet is becoming a criminal offence in England and Wales.’

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BBC News, 12th February 2015

Source: www.bbc.co.uk

Allard and others v Chief Constable of Devon and Cornwall Constabulary – WLR Daily

Posted February 11th, 2015 in appeals, informers, law reports, police, remuneration, telecommunications, working time by sally

Allard and others v Chief Constable of Devon and Cornwall Constabulary [2015] EWCA Civ 42; [2015] WLR (D) 45

‘Police officers acting as handlers to informers, and responding to an automated out of hours telephone system, where contact was required between a handler and an informer, were entitled to overtime pay.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

Police will need judge’s permission to access journalists’ phone and email records – The Guardian

‘Police will be forced to seek the permission of a judge if they want to retrieve the phone and email records of journalists, after the prime minister’s snooping watchdog found that 19 police forces made more than 600 applications to uncover confidential sources in the past three years.’

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The Guardian, 4th February 2015

Source: www.guardian.co.uk

University professors decry Theresa May’s campus anti-terrorism bill – The Guardian

‘More than 500 university professors have urged the home secretary, Theresa May, to urgently rethink her proposals to curb campus extremists.’

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The Guardian, 3rd February 2015

Source: www.guardian.co.uk

High court blocks second phone-hacking claims brought by John Leslie and Jeff Brazier – The Guardian

Posted January 28th, 2015 in conspiracy, corruption, costs, damages, interception, media, news, telecommunications, time limits by tracey

‘Mr Justice Mann rules that settlements reached in first claims for damages against News of the World publisher barred new actions from former TV personalities.’

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The Guardian, 27th January 2015

Source: www.guardian.co.uk

Phonepayplus Ltd v Ashraf and another – WLR Daily

Posted January 27th, 2015 in codes of practice, enforcement, fines, law reports, telecommunications, tribunals by sally

Phonepayplus Ltd v Ashraf and another [2014] EWHC 4303 (Ch); [2015] WLR (D) 16

‘OFCOM had the power to delegate to the relevant “enforcement authority” under section 120 of the Communications Act 2003 all powers of enforcement of the provisions of the Code of Practice under the Act. It was implicit in the code that the provisions in it for imposing sanctions upon premium rate service providers for breach of the code were subject to the limitations set out in section 123(2) of the Act.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Cilla Black among stars to settle phone hacking claims for ‘substantial’ damages – The Guardian

Posted January 23rd, 2015 in compensation, interception, media, news, privacy, telecommunications by sally

‘Cilla Black is among the latest group of celebrities to settle phone hacking claims for “substantial” damages with the publisher of the Mirror titles, the high court has heard.’

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The Guardian, 22nd January 2015

Source: www.guardian.co.uk

MI6 forced to show how it may snoop on privileged lawyer-client exchanges – The Guardian

‘MI6 has been forced to reveal documents detailing how it may access legally privileged communications between solicitors and their clients, even if the lawyers are suing the government.’

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The Guardian, 13th January 2015

Source: www.guardian.co.uk

Patents: the Difficulties of Designing Around a Patent: Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc #2 – NIPC Law

Posted January 13th, 2015 in news, patents, telecommunications by sally

‘In Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2013] EWHC 3768 (Pat) (3 Dec 2013) the claimant sued the defendant telecommunications company for infringing two of its European patents:

EP 2,259,495 adaptive DSL margin and band control using historical operational data (“495”); and
EP 1,869,790 DSL state and line profile control (“790”).’

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NIPC Law, 12th January 2015

Source: www.nipclaw.blogspot.co.uk

Injunctions against ISPs Part VIII: Cartier International AG and Others v British Sky Broadcasting Ltd and Others – NIPC Law

‘In Cartier International AG and Others v British Sky Broadcasting Ltd and Others [2014] EWHC 3354 (Ch), [2014] WLR(D) 464 three of the subsidiaries of Compagnie Financière Richemont SA applied to Mr Justice Arnold for injunctions against the five largest internet service providers.’

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NIPC Law, 6th January 2015

Source: www.nipclaw.blogspot.co.uk

Illicit prison phones to be cut off – Ministry of Justice

Posted January 6th, 2015 in bills, crime, news, prisons, telecommunications by sally

‘Mobile phones that are being used by prisoners will be cut off under proposed new legislation.’

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Ministry of Justice, 5th January 2015

Source: www.gov.uk/government/organisations/ministry-of-justice