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Judge to decide if brain-damaged teenager can be allowed to die – The Independent

Posted December 2nd, 2022 in attempts, bills, delay, families, family courts, hospitals, internet, medical treatment, news, suicide by tracey

‘A High Court judge has been asked to decide whether a teenager who suffered brain damage after an “apparent suicide attempt” can lawfully be allowed to die.’

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The Independent, 1st December 2022

Source: www.independent.co.uk

Cloud gaming and mobile browsers market investigation opened in the UK – OUT-LAW.com

Posted November 28th, 2022 in competition, internet, news by tracey

‘The Competition and Markets Authority (CMA) has opened an in-depth investigation into competition in the UK’s cloud gaming and mobile browsers markets.’

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OUT-LAW.com, 28th November 2022

Source: www.pinsentmasons.com

Pseudonymous claimant debarred from proceedings – Law Society’s Gazette

Posted November 28th, 2022 in anonymity, civil procedure rules, copyright, costs, cryptocurrencies, internet, news by tracey

‘The operator and publisher of a website is not entitled to participate in court proceedings under the pseudonym “Cøbra” – even with legal representation, the High Court has ruled. In Wright v Persons Unknown, Costs Judge Rowley agreed to bar “Cøbra” from costs proceedings arising from a copyright case unless it identifies itself and provides an address.’

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Law Society's Gazette, 25th November 2022

Source: www.lawgazette.co.uk

Court of Appeal in London rules on reasonable endeavours in force majeure clause – OUT-LAW.com

Posted November 23rd, 2022 in appeals, arbitration, contracts, dispute resolution, news, shipping law by sally

‘The Court of Appeal for England and Wales has ruled that a switch of the currency in which payments were made in a ship charter contract would count as ‘reasonable endeavours’ and would avoid the contract not being fulfilled because of a force majeure event.’

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OUT-LAW.com, 22nd November 2022

Source: www.pinsentmasons.com

New UK guidelines place stricter rules on age-restricted online campaigns – OUT-LAW.com

Posted November 18th, 2022 in advertising, children, codes of practice, internet, news, ombudsmen by tracey

‘The UK’s advertising regulator has published new rules on how to target age-restricted ads responsibly online. Advertisers need to ensure compliance right from the start of the campaign planning, according to experts at Pinsent Masons.’

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OUT-LAW.com, 17th November 2022

Source: www.pinsentmasons.com

Suffolk Police apology over sex abuse victims’ data on website – BBC News

Posted November 16th, 2022 in anonymity, data protection, internet, news, police, sexual offences, victims by sally

‘An investigation has begun after the personal details of sexual abuse victims appeared on a police website.’

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BBC News, 15th November 2022

Source: www.bbc.co.uk

“Spent” golden contract means enterprise zone allowances disallowed – OUT-LAW.com

Posted November 14th, 2022 in appeals, contracts, corporation tax, income tax, news, taxation, time limits by tracey

‘Investors behind the construction of two data centres could not claim Enterprise Zone allowances (EZAs) on the expenditure they incurred because it was deemed to have been incurred under a contract entered into outside of the statutory window for claiming the allowances.’

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OUT-LAW.com, 11th November 2022

Source: www.pinsentmasons.com

UK Retained EU Law Bill’s impact on intellectual property – OUT-LAW.com

Posted November 11th, 2022 in bills, brexit, copyright, EC law, intellectual property, news, trade marks by tracey

‘The Retained EU Law (Revocation and Reform) Bill will fundamentally change the UK’s post-Brexit legal landscape if it becomes law, including impacting intellectual property (IP) related legislation.’

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OUT-LAW.com, 10th November 2022

Source: www.pinsentmasons.com

Sam Guy: Eroding Public Law’s Exclusions? Charting the Landscape of Crowdfunding in Judicial Review – UK Constitutional Law Association

Posted November 9th, 2022 in constitutional law, judicial review, news by sally

‘The use of crowdfunding to access public law litigation is a matter which attracts much online commentary but has thus far, with notable exceptions, received considerably less rigorous scholarly engagement. Accordingly, several important questions remain unanswered as to the dynamics of crowdfunded litigation – amongst others, who are the actors bringing (and defending) these cases, how much money do cases raise, and how do they fare in the judicial review system? In a recent article published open access in the Modern Law Review, I report the results of an empirical study which charts the landscape of judicial review crowdfunding systematically for the first time. In the study, I analyse 413 crowdfunding pages by people seeking funding for judicial review claims, posted on CrowdJustice, the leading litigation crowdfunding website. Here, I highlight some of the study’s results, and emphasise the difficulties facing prospective litigants in accessing judicial review, even with the advent of crowdfunding, a problem which has, previously on this blog, been termed ‘public law’s disgrace’.’

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UK Constitutional Law Association, 8th November 2022

Source: ukconstitutionallaw.org

Ruling supports ‘bad faith’ trade mark counterclaims – OUT-LAW.com

Posted November 8th, 2022 in news, striking out, trade marks by sally

‘Assertions that a trade mark has been registered in bad faith should be assumed to be true unless the trade mark holder can provide evidence to demonstrate otherwise, the Court of Appeal has said.’

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OUT-LAW.com, 7th November 2022

Source: www.pinsentmasons.com

New duties to be imposed on UK employers to prevent sexual harassment – OUT-LAW.com

‘The UK government is supporting a private member’s bill to bring back employers’ liability for harassment of employees by third parties at work, as well as introduce a new duty to prevent workplace sexual harassment.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

Call for planning permission variations reform after Hillside ruling – OUT-LAW.com

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by tracey

‘Planning law in England should be updated to avoid a situation where the original planning permission granted to a site is invalidated by departures from the original approved plans because subsequent planning permissions granted for development within that site have made compliance with the original scheme physically impossible, an expert has said.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

UK medical devices law reforms delayed till 2024 – OUT-LAW.com

Posted October 31st, 2022 in brexit, delay, EC law, health, medical treatment, medicines, news by tracey

‘New UK medical device regulations are to be brought into force by July 2024 – a year later than originally anticipated, the Medicines and Healthcare products Regulatory Agency (MHRA) has confirmed.’

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OUT-LAW.com, 28th October 2022

Source: www.pinsentmasons.com

Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

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OUT-LAW.com, 27th October 2022

Source: www.pinsentmasons.com

UK government extends deadline for Brexit food labelling changes – OUT-LAW.com

Posted October 13th, 2022 in advertising, bills, brexit, food, news, time limits by tracey

‘The UK government’s decision to grant businesses extra time to comply with post-Brexit food labelling requirements will be “cautiously welcomed” by the industry, according to one legal expert.’

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OUT-LAW.com, 12th October 2022

Source: www.pinsentmasons.com

Will your UK damages be taxable? – OUT-LAW.com

Posted October 12th, 2022 in capital gains tax, damages, income tax, news, taxation by tracey

‘Awards and settlements in commercial disputes can be taxable in the claimant’s hands. The tax treatment of damages should be considered at an early stage as this may need to be factored into the amount claimed. Tax also needs to be considered in settlement negotiations to ensure the offer is enough.’

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OUT-LAW.com, 11th October 2022

Source: www.pinsentmasons.com

Rent Repayment Orders in the Upper Tribunal again. – OUT-LAW.com

Posted October 11th, 2022 in appeals, houses in multiple occupation, news, rent, repayment by tracey

‘A couple of appeals on rent repayment orders. The first confirming the UT’s approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in control or managing an unlicensed HMO where it was not clear or evidenced that the person received a rack rent.’

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OUT-LAW.com, 5th October 2022

Source: nearlylegal.co.uk

Supreme Court rules on directors duty to act in interests of creditors – OUT-LAW.com

‘Company directors need to remain wary of their duty to consider the interests of creditors in certain circumstances, despite a new UK Supreme Court ruling that they are likely to welcome, experts have said.’

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OUT-LAW.com, 10th October 2022

Source: www.pinsentmasons.com

Tommy Jessop: Why I investigated care for patients like me – BBC News

‘People with a learning disability are more than twice as likely to die from avoidable causes than the rest of the population. Actor Tommy Jessop and BBC Panorama investigated some of the stories of families who say they were let down by their medical care.’

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BBC News, 10th October 2022

Source: www.bbc.co.uk

New property rights relevant to ‘data objects’ proposed – OUT-LAW.com

Posted October 6th, 2022 in consultations, cryptocurrencies, data protection, Law Commission, news by sally

‘A new property right that recognises an individual or entity’s control over “data objects” should be established in law in England and Wales, the Law Commission has said.’

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OUT-LAW.com, 3rd October 2022

Source: www.pinsentmasons.com