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Trade mark ruling ‘first’ showing UK divergence from EU law post-Brexit – OUT-LAW.com

Posted January 19th, 2024 in appeals, brexit, EC law, intellectual property, news, time limits, trade marks by sally

‘A recent Court of Appeal ruling on trade mark infringement is the first clear example of a UK court consciously deciding to depart from a judgment of the Court of Justice of the EU (CJEU)after Brexit, an expert has said.’

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OUT-LAW.com, 18th January 2024

Source: www.pinsentmasons.com

Two-year-old boy died of starvation curled up next to dead father – The Guardian

Posted January 18th, 2024 in children, local government, news, social services by sally

‘A two-year-old boy was left alone to die of starvation curled up next to the body of his father, who had suffered a fatal heart attack, his family has revealed.’

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The Guardian, 17th January 2024

Source: www.theguardian.com

UK Pensions Regulator’s new code of practice offers more flexibility for schemes – OUT-LAW.com

Posted January 16th, 2024 in codes of practice, news, pensions, trusts by tracey

‘A new general code of practice issued by the UK Pensions Regulator (TPR) should help improve the operation of pension schemes and manage risk for both members and trustee boards, an expert has said.’

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OUT-LAW.com, 15th January 2024

Source: www.pinsentmasons.com

UK tribunal decision ‘offers comfort’ to employers addressing underrepresentation – OUT-LAW.com

Posted January 16th, 2024 in diversity, employment, employment tribunals, news by tracey

‘A recent employment tribunal decision offers reassurance to employers that are taking steps to improve diversity, provided that care is taken in how they go about it, an employment law expert has said.’

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OUT-LAW.com, 15th January 2024

Source: www.pinsentmasons.com

We all die: what are doctors’ duties to shield families from the sight of death? – Mental Capacity Law and Policy

‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’

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Mental Capacity Law and Policy, 11th January 2024

Source: www.mentalcapacitylawandpolicy.org.uk

UK advertising regulators issue update on body image and enhancement review – OUT-LAW.com

Posted January 11th, 2024 in advertising, codes of practice, news, standards by sally

‘Businesses must ensure any advertisements including digital alterations made to body images are not “irresponsible” or “misleading”, an expert has said.’

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OUT-LAW.com, 10th January 2024

Source: www.pinsentmasons.com

Building Safety Act requires rethink of SPV risk arrangements – OUT-LAW.com

Posted January 8th, 2024 in building law, construction industry, health & safety, housing, news by tracey

‘Organisations using specially set up companies – special purpose vehicles, or SPVs – to deliver new UK housing schemes have been urged to plan ahead for the increased potential exposure to liability they may face under the Building Safety Act.’

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OUT-LAW.com, 5th January 2024

Source: www.pinsentmasons.com

Courts will continue to shape building safety law in 2024 – OUT-LAW.com

Posted January 4th, 2024 in building law, construction industry, health & safety, news by sally

‘Construction companies should expect the courts in England and Wales to be sympathetic to building safety claims in 2024.’

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OUT-LAW.com, 3rd January 2024

Source: www.pinsentmasons.com

Retained EU law reforms come into force in the UK – OUT-LAW.com

Posted January 4th, 2024 in EC law, news, statute law revision, statutory interpretation by sally

‘The way that thousands of pieces of UK legislation are interpreted could change after a new Act impacting the way EU-derived laws are applied in the UK entered into force.’

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OUT-LAW.com, 3rd January 2024

Source: www.pinsentmasons.com

AI cannot be an inventor under UK patent law, rules Supreme Court – OUT-LAW.com

‘Artificial intelligence (AI) systems cannot be the owner of, nor be transferred, patent rights in the UK, the Supreme Court has ruled.’

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OUT-LAW.com, 20th December 2023

Source: www.pinsentmasons.com

How UK law on adjudication looks heading into 2024 – OUT-LAW.com

Posted December 15th, 2023 in appeals, construction industry, contracts, dispute resolution, news by tracey

‘Construction companies that encounter disputes in 2024 can learn lessons from case law established in 2023 concerning the operation of so-called serial adjudications and when an adjudicator’s decision might breach principles of natural justice.’

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OUT-LAW.com, 14th December 2023

Source: www.pinsentmasons.com

Ruling indicates Upper Tribunal’s “narrow approach” towards windfarm capital allowances – OUT-LAW.com

Posted December 14th, 2023 in capital allowances, energy, news, statutory interpretation, taxation by sally

‘A ruling by the UK’s Upper Tribunal (UT) disallowing certain types of expenditure relating to windfarm projects from qualifying for plant and machinery tax allowances has indicated the tribunal’s “strict and narrow” interpretation of the provisions for qualifying expenditure.’

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OUT-LAW.com, 13th December 2023

Source: www.pinsentmasons.com

Managing corporate crime risk under the Economic Crime and Corporate Transparency Act 2023 – OUT-LAW.com

Posted December 11th, 2023 in company directors, company law, fraud, news by tracey

‘The UK’s Economic Crime and Corporate Transparency Act 2023 (the Act) has reformed the law of corporate criminal attribution for a wide range of economic crimes and introduced a new offence of corporate failure to prevent economic crimes.’

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OUT-LAW.com, 8th December 2023

Source: www.pinsentmasons.com

UK Supreme Court ruling clarifies fair treatment of expert evidence at trial – OUT-LAW.com

Posted December 7th, 2023 in contracts, evidence, expert witnesses, holidays, news, Supreme Court by michael

‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’

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OUT-LAW.com, 6th December 2023

Source: www.pinsentmasons.com

Ruling provides for mediation in midst of litigation in England – OUT-LAW.com

Posted December 4th, 2023 in appeals, dispute resolution, news, stay of proceedings by tracey

‘A new ruling should encourage more organisations to seek to resolve their disputes out-of-court via mediation or other alternative dispute resolution (ADR) procedures, according to experts in dispute resolution.’

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OUT-LAW.com, 1st December 2023

Source: www.pinsentmasons.com

Supreme Court puts conditions on injunctions against travellers – OUT-LAW.com

Posted December 4th, 2023 in appeals, disclosure, injunctions, local government, news, Supreme Court, travellers by tracey

‘Local authorities in England seeking court injunctions to prohibit unauthorised encampments on land they own must disclose to the courts any arguments gypsies and travellers might raise in opposition to their applications, the UK Supreme Court has ruled.’

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OUT-LAW.com, 4th December 2023

Source: www.pinsentmasons.com

Laws on Burial, Cremation and New Funerary Methods to be reviewed – Law Commission

Posted December 1st, 2023 in burials and cremation, Law Commission, news, statute law revision by tracey

‘The Law Commission today announces details of its review of the law governing how we deal with the bodies of loved ones when they die.’

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Law Commission, 30th November 2023

Source: lawcom.gov.uk

Bringing the Right to Die to the British Isles (Part II): The Cautionary Experience of Australia’s Northern Territory – Oxford Human Rights Hub

Posted November 30th, 2023 in assisted suicide, bills, consultations, euthanasia, news by sally

‘Part I of this blog discussed the legality of assisted dying in the Isle of Man at present and the proposed legalisation of assisted dying and voluntary euthanasia under the Assisted Dying Bill 2023. If enacted, the Isle of Man will become the first jurisdiction in the British Isles to legalise any form of assisted dying, although the legislatures of the UK, Ireland, and Jersey are currently conducting consultations on such laws. However, there is precedent for a semi-independent jurisdiction, like the Isle of Man, spearheading the legalisation of assisted dying and voluntary euthanasia – and being reprimanded as a result.’

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Oxford Human Rights Hub, 29th November 2023

Source: ohrh.law.ox.ac.uk

Bringing the Right to Die to the British Isles (Part I): The Isle of Man’s Proposed Assisted Dying Regime – Oxford Human Rights Hub

Posted November 29th, 2023 in assisted suicide, bills, human rights, news by sally

‘On 31 October 2023, a bill that would legalise assisted dying for the first time in the British Isles passed its second reading – but not in Westminster. Rather, it was Tynwald, the legislature of the Isle of Man, which took this step towards the protection of the right to a dignified death, or, depending on one’s view, the erosion of the right to life.’

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Oxford Human Rights Hub, 28th November 2023

Source: ohrh.law.ox.ac.uk

Online Safety Act super-complaints process must not overwhelm Ofcom – OUT-LAW.com

Posted November 28th, 2023 in complaints, consultations, internet, news by tracey

‘The UK government must ensure that the way the new “super-complaints” process under the Online Safety Act is configured enables new risks and systemic issues across services to be addressed whilst guarding against the potential for overwhelming the regulator.’

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OUT-LAW.com, 27th November 2023

Source: www.pinsentmasons.com