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	<title>Comments for law, less ordinary - legal opinions from Browne Jacobson</title>
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	<description>law, less ordinary - legal opinions from Browne Jacobson</description>
	<lastBuildDate>Fri, 13 Jan 2012 12:08:15 +0000</lastBuildDate>
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		<title>Comment on MPs demand action on spiralling whiplash claims by Graeme C. Halloway</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2012/01/12/mps-demand-action-on-spiralling-whiplash-claims/#comment-10822</link>
		<dc:creator>Graeme C. Halloway</dc:creator>
		<pubDate>Fri, 13 Jan 2012 12:08:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=4189#comment-10822</guid>
		<description>Excellent! 
However whilst celebrating the sudden enthusiasm for Parliamentary action one has to point out the laboriously slow recognition of the fact that matters need taking into hand. 
Words such as: Horse, Stable door and bolted come to mind. 
Sadly the Law appears to support the underdog against the larger, allegedly richer entity whether a claim is &#039;kosher&#039; or not. This appears to be supported by the greed of certain legal establishments, taunting the insurers with litigation thus forcing &#039;amicable&#039; settlement of perhaps spurious claims. The worst example occurred circa 2 years ago when a client nudged a third party&#039;s vehicle in the rear at 2mph whilst waiting in a traffic jam. Three claimants and solicitors shared circa £14k!!
Can the &#039;rot&#039; be curtailed?

Regards, Graeme</description>
		<content:encoded><![CDATA[<p>Excellent!<br />
However whilst celebrating the sudden enthusiasm for Parliamentary action one has to point out the laboriously slow recognition of the fact that matters need taking into hand.<br />
Words such as: Horse, Stable door and bolted come to mind.<br />
Sadly the Law appears to support the underdog against the larger, allegedly richer entity whether a claim is &#8216;kosher&#8217; or not. This appears to be supported by the greed of certain legal establishments, taunting the insurers with litigation thus forcing &#8216;amicable&#8217; settlement of perhaps spurious claims. The worst example occurred circa 2 years ago when a client nudged a third party&#8217;s vehicle in the rear at 2mph whilst waiting in a traffic jam. Three claimants and solicitors shared circa £14k!!<br />
Can the &#8216;rot&#8217; be curtailed?</p>
<p>Regards, Graeme</p>
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		<title>Comment on Child care proceedings – the default position is transparency at all times by markc</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/07/11/child-care-proceedings-%e2%80%93-the-default-position-is-transparency-at-all-times/#comment-8689</link>
		<dc:creator>markc</dc:creator>
		<pubDate>Tue, 06 Dec 2011 10:19:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=3153#comment-8689</guid>
		<description>Thanks - the link is now fixed</description>
		<content:encoded><![CDATA[<p>Thanks &#8211; the link is now fixed</p>
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		<title>Comment on Product Placement Hits Coronation Street by Colin</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/11/18/product-placement-hits-coronation-street/#comment-8648</link>
		<dc:creator>Colin</dc:creator>
		<pubDate>Mon, 05 Dec 2011 23:31:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=3852#comment-8648</guid>
		<description>About 20 years, ago when I was a mobile D.J., a rep for one of Britains biggest record companies was in the local  record store. She was plugging a new release by an unknown band (who&#039;s name I can&#039;t remember). She was able to tell the manageress that it was being &#039;Played on the radio&#039; in the Kabin in a forthcoming episode of Britains favourite soap opera.</description>
		<content:encoded><![CDATA[<p>About 20 years, ago when I was a mobile D.J., a rep for one of Britains biggest record companies was in the local  record store. She was plugging a new release by an unknown band (who&#8217;s name I can&#8217;t remember). She was able to tell the manageress that it was being &#8216;Played on the radio&#8217; in the Kabin in a forthcoming episode of Britains favourite soap opera.</p>
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		<title>Comment on Social services are affected more by government spending cuts than predicted by hemen parekh</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/12/01/social-services-are-affected-more-by-government-spending-cuts-than-predicted/#comment-8403</link>
		<dc:creator>hemen parekh</dc:creator>
		<pubDate>Fri, 02 Dec 2011 05:35:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=3984#comment-8403</guid>
		<description>George  Osborne  :  villain  or  hero  ?

Recently, British Chancellor of Exchequers, George Osborne announced many measures to pull the British economy out of depression. Among others, these measures included :

	Starting 2013,  1 % cap on Public Sector pay for 2 years, once the current two-year pay freeze ends 

	Plans to raise the state pension age from 66 to 67 would be brought forward by 8 years to 2026

	1 billion pound scheme to subsidize work placements for the young unemployed


Despite these measures, unemployment is expected to rise from 8.2 % this year to 8.7 % next year
Job losses in public sector would nearly double to 710,000 , compared to earlier estimate of 400,000

Questions to be debated :

	If British Govt can impose a pay freeze for 4 years in Public sector, should British private sector follow suit ?

	To keep wage-costs under control, should employers be allowed to hire temporary / contractual staff on a fixed salary for , say , 2 years ?

	Will that encourage employers to hire more people ?

	Can inflation be better controlled thru a pay freeze ( less money in people’s pockets ), rather than thru hikes in interest rates ?

	Since salaries / wages are a major input-cost, can such freeze hold the production costs constant ?

	Will pay freeze lead to a “ low cost “ economy , making British products much more competitive internationally ?

	If this “experiment “ is successful, can it possibly lay the foundation of a National Wage Policy which pegs maximum annual wage-increase percentages  to 90 % of the rise in the Consumer Price Index of the preceding year, for both, the private and the public sector employees ? Can such mechanism , set in motion , a “ Virtuous Circle “ ?

	Can such a policy automatically control inflation without haphazard / half-cooked external interventions by Central Banks ?

Only history will decide whether George Osborne was a villain or a hero !

With regards

hemen  parekh

Jobs  for  All  =  Peace  on  Earth</description>
		<content:encoded><![CDATA[<p>George  Osborne  :  villain  or  hero  ?</p>
<p>Recently, British Chancellor of Exchequers, George Osborne announced many measures to pull the British economy out of depression. Among others, these measures included :</p>
<p>	Starting 2013,  1 % cap on Public Sector pay for 2 years, once the current two-year pay freeze ends </p>
<p>	Plans to raise the state pension age from 66 to 67 would be brought forward by 8 years to 2026</p>
<p>	1 billion pound scheme to subsidize work placements for the young unemployed</p>
<p>Despite these measures, unemployment is expected to rise from 8.2 % this year to 8.7 % next year<br />
Job losses in public sector would nearly double to 710,000 , compared to earlier estimate of 400,000</p>
<p>Questions to be debated :</p>
<p>	If British Govt can impose a pay freeze for 4 years in Public sector, should British private sector follow suit ?</p>
<p>	To keep wage-costs under control, should employers be allowed to hire temporary / contractual staff on a fixed salary for , say , 2 years ?</p>
<p>	Will that encourage employers to hire more people ?</p>
<p>	Can inflation be better controlled thru a pay freeze ( less money in people’s pockets ), rather than thru hikes in interest rates ?</p>
<p>	Since salaries / wages are a major input-cost, can such freeze hold the production costs constant ?</p>
<p>	Will pay freeze lead to a “ low cost “ economy , making British products much more competitive internationally ?</p>
<p>	If this “experiment “ is successful, can it possibly lay the foundation of a National Wage Policy which pegs maximum annual wage-increase percentages  to 90 % of the rise in the Consumer Price Index of the preceding year, for both, the private and the public sector employees ? Can such mechanism , set in motion , a “ Virtuous Circle “ ?</p>
<p>	Can such a policy automatically control inflation without haphazard / half-cooked external interventions by Central Banks ?</p>
<p>Only history will decide whether George Osborne was a villain or a hero !</p>
<p>With regards</p>
<p>hemen  parekh</p>
<p>Jobs  for  All  =  Peace  on  Earth</p>
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		<title>Comment on Retailers quids in as rents hit rock bottom by Retail Law</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/11/08/retailers-quids-in/#comment-7692</link>
		<dc:creator>Retail Law</dc:creator>
		<pubDate>Mon, 21 Nov 2011 11:57:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=3788#comment-7692</guid>
		<description>Interesting that there are some rents that are that low. For a long time rent has been the biggest problem for retailers in Britain compared with much of Europe, meaning prices are higher and wages are lower, as retailers have to make up the amount they are spending on rent.</description>
		<content:encoded><![CDATA[<p>Interesting that there are some rents that are that low. For a long time rent has been the biggest problem for retailers in Britain compared with much of Europe, meaning prices are higher and wages are lower, as retailers have to make up the amount they are spending on rent.</p>
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		<title>Comment on Death of DOLS ? by cathy shannon</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/11/10/death-of-dols/#comment-7176</link>
		<dc:creator>cathy shannon</dc:creator>
		<pubDate>Wed, 16 Nov 2011 11:55:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=3813#comment-7176</guid>
		<description>is there a chance you could talk about the above judgement in your next webinar? Which is when?</description>
		<content:encoded><![CDATA[<p>is there a chance you could talk about the above judgement in your next webinar? Which is when?</p>
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		<title>Comment on Putting the &#8220;gross&#8221; in gross negligence by John Austin</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/05/11/putting-the-gross-in-gross-negligence/#comment-4602</link>
		<dc:creator>John Austin</dc:creator>
		<pubDate>Mon, 17 Oct 2011 15:53:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2847#comment-4602</guid>
		<description>It&#039;s an extremely important distinction in the oil and gas industry.  

Most engineering and construction contracts (eg, the  CRINE / LOGIC suite for the UK on/offshore industry) contain mutual hold harmless indemnities, where the each of the parties indemnifies and hold the other party harmless for death and personal injury to the Indemnitor&#039;s staff (and often its other contractors also) and for  damage to the Indemnitor&#039;s property, irrespective of the negligence of the Indemnitee.  (Third party claims are usually dealt with on a fault basis).  The purpose is to avoid the sort of subrogation-led litigation between insurers that occured after the Piper Alpha disaster.  So if company A&#039;s employee is injured on an oil platform in the North Sea, caused by the negligence of company B&#039;s staff, ordinarily company A and its insurers would be expected to pick up the bill for the employee&#039;s personal injury and there would be no personal injury claim by the employee against company B or any subrogated claim between company A against company B, whetehr for the loss, contribution, contributory negligence, etc.  
The standard exceptions to this arrangement are Gross Negligence and Wilful Default. (These are usually defined terms).  
In the event an accident was caused by either Gross Negligence or Wilful Default, there is no indemnity provided, so the party at fault will be liable to the last penny.</description>
		<content:encoded><![CDATA[<p>It&#8217;s an extremely important distinction in the oil and gas industry.  </p>
<p>Most engineering and construction contracts (eg, the  CRINE / LOGIC suite for the UK on/offshore industry) contain mutual hold harmless indemnities, where the each of the parties indemnifies and hold the other party harmless for death and personal injury to the Indemnitor&#8217;s staff (and often its other contractors also) and for  damage to the Indemnitor&#8217;s property, irrespective of the negligence of the Indemnitee.  (Third party claims are usually dealt with on a fault basis).  The purpose is to avoid the sort of subrogation-led litigation between insurers that occured after the Piper Alpha disaster.  So if company A&#8217;s employee is injured on an oil platform in the North Sea, caused by the negligence of company B&#8217;s staff, ordinarily company A and its insurers would be expected to pick up the bill for the employee&#8217;s personal injury and there would be no personal injury claim by the employee against company B or any subrogated claim between company A against company B, whetehr for the loss, contribution, contributory negligence, etc.<br />
The standard exceptions to this arrangement are Gross Negligence and Wilful Default. (These are usually defined terms).<br />
In the event an accident was caused by either Gross Negligence or Wilful Default, there is no indemnity provided, so the party at fault will be liable to the last penny.</p>
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		<title>Comment on Tesco wrapped for misleading bangers ad by Helen Catterall</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/09/14/tesco-wrapped-for-misleading-bangers-ad/#comment-3305</link>
		<dc:creator>Helen Catterall</dc:creator>
		<pubDate>Tue, 20 Sep 2011 14:48:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=3368#comment-3305</guid>
		<description>In this instance, I think that the ASA was correct to make the ruling it did against Tesco. There can be a very fine line that advertisers tread on occasion, and sometimes they cross it and will be reprimanded. However, there are many other similar instances that would never even be picked up on, so it is down to the general public to raise their concerns over misleading advertising.</description>
		<content:encoded><![CDATA[<p>In this instance, I think that the ASA was correct to make the ruling it did against Tesco. There can be a very fine line that advertisers tread on occasion, and sometimes they cross it and will be reprimanded. However, there are many other similar instances that would never even be picked up on, so it is down to the general public to raise their concerns over misleading advertising.</p>
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		<title>Comment on Occupiers’ liability – in the deep by Legal Eagle</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/05/06/occupiers%e2%80%99-liability-%e2%80%93-in-the-deep/#comment-2527</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Fri, 12 Aug 2011 07:12:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2836#comment-2527</guid>
		<description>You were right - http://www.bbc.co.uk/news/uk-england-surrey-14387945

Kylie Grimes loses Farnham pool damages claim

A woman who hit her head on the bottom of a swimming pool during a late-night party in Surrey has lost her claim for £6m damages in the High Court.
Kylie Grimes, now 23, of Farnham, was left paralysed from the chest down when she dived into the pool in August 2006.
The pool owner David Hawkins, of Compton Way, Farnham, denied liability and said he considered the pool safe.
Mrs Justice Thirlwall ruled in favour of Mr Hawkins, describing the pool as &quot;not unsafe for diving&quot;.
Ms Grimes, of Stephendale Road, broke a vertebra below the base of her neck jumping into the pool.
&#039;High spirits&#039;
She claimed her injury was caused by Mr Hawkins&#039;s negligence or breach of his duties under the Occupiers&#039; Liability Act but Mrs Justice Thirlwall ruled against her.
The court heard in May that Mr Hawkins and his wife were away on the night of the accident.
Their daughter Katie had asked her father to let her have a few friends over but a group of about 20 came back from the pub.
The judge said: &quot;I have no doubt that some mature adults faced with a group of young adults in high spirits, some of whom had had too much to drink, would send them all home rather than allow any of them into a swimming pool.
&quot;But that is not to say that the duty owed to [Ms Grimes] required the defendant to put the pool out of bounds that night.&quot;
She said that at the time of the accident, Ms Grimes was 18 and a healthy, athletic horsewoman who worked full-time at a local stables.
&quot;As a result of the injuries she sustained that day she is tetraplegic,&quot; said the judge.
&quot;Her mobility is hugely compromised. She uses a wheelchair. The impact on her life has been catastrophic.&quot;
The judge said she accepted Ms Grimes&#039;s evidence that she was not drunk.
&quot;In my judgment either she misjudged the dive, or she misjudged the depth of the water, or she did both,&quot; she said.
She said she did not accept it was the responsibility of a householder with a private swimming pool to prohibit adults from diving into it.
&quot;It may well be different where there is some hidden or unexpected hazard, but there was none here.&quot;</description>
		<content:encoded><![CDATA[<p>You were right &#8211; <a href="http://www.bbc.co.uk/news/uk-england-surrey-14387945" rel="nofollow">http://www.bbc.co.uk/news/uk-england-surrey-14387945</a></p>
<p>Kylie Grimes loses Farnham pool damages claim</p>
<p>A woman who hit her head on the bottom of a swimming pool during a late-night party in Surrey has lost her claim for £6m damages in the High Court.<br />
Kylie Grimes, now 23, of Farnham, was left paralysed from the chest down when she dived into the pool in August 2006.<br />
The pool owner David Hawkins, of Compton Way, Farnham, denied liability and said he considered the pool safe.<br />
Mrs Justice Thirlwall ruled in favour of Mr Hawkins, describing the pool as &#8220;not unsafe for diving&#8221;.<br />
Ms Grimes, of Stephendale Road, broke a vertebra below the base of her neck jumping into the pool.<br />
&#8216;High spirits&#8217;<br />
She claimed her injury was caused by Mr Hawkins&#8217;s negligence or breach of his duties under the Occupiers&#8217; Liability Act but Mrs Justice Thirlwall ruled against her.<br />
The court heard in May that Mr Hawkins and his wife were away on the night of the accident.<br />
Their daughter Katie had asked her father to let her have a few friends over but a group of about 20 came back from the pub.<br />
The judge said: &#8220;I have no doubt that some mature adults faced with a group of young adults in high spirits, some of whom had had too much to drink, would send them all home rather than allow any of them into a swimming pool.<br />
&#8220;But that is not to say that the duty owed to [Ms Grimes] required the defendant to put the pool out of bounds that night.&#8221;<br />
She said that at the time of the accident, Ms Grimes was 18 and a healthy, athletic horsewoman who worked full-time at a local stables.<br />
&#8220;As a result of the injuries she sustained that day she is tetraplegic,&#8221; said the judge.<br />
&#8220;Her mobility is hugely compromised. She uses a wheelchair. The impact on her life has been catastrophic.&#8221;<br />
The judge said she accepted Ms Grimes&#8217;s evidence that she was not drunk.<br />
&#8220;In my judgment either she misjudged the dive, or she misjudged the depth of the water, or she did both,&#8221; she said.<br />
She said she did not accept it was the responsibility of a householder with a private swimming pool to prohibit adults from diving into it.<br />
&#8220;It may well be different where there is some hidden or unexpected hazard, but there was none here.&#8221;</p>
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		<title>Comment on Premier league football – wrong decision which undermines the beautiful game! by The throughout information on futsal and soccer tactics</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/02/03/premier-league-football-%e2%80%93-wrong-decision-which-undermines-the-beautiful-game/#comment-1918</link>
		<dc:creator>The throughout information on futsal and soccer tactics</dc:creator>
		<pubDate>Fri, 08 Jul 2011 01:19:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2347#comment-1918</guid>
		<description>&lt;strong&gt;Cool Blog!...&lt;/strong&gt;

Perfect article. Detailed and genuine. Keep on with the great work. Thank you for sharing!...</description>
		<content:encoded><![CDATA[<p><strong>Cool Blog!&#8230;</strong></p>
<p>Perfect article. Detailed and genuine. Keep on with the great work. Thank you for sharing!&#8230;</p>
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		<title>Comment on “Anti- censorship” Wikileaks  gags its own employees by Leeds Accountants</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/05/13/%e2%80%9canti-censorship%e2%80%9d-wikileaks-gags-its-own-employees/#comment-1827</link>
		<dc:creator>Leeds Accountants</dc:creator>
		<pubDate>Thu, 30 Jun 2011 04:25:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2853#comment-1827</guid>
		<description>&lt;strong&gt;Cool, a very interesting post!...&lt;/strong&gt;

[..] Today I was reading this fantastic blog post and I wanted to link to it. [..]...</description>
		<content:encoded><![CDATA[<p><strong>Cool, a very interesting post!&#8230;</strong></p>
<p>[..] Today I was reading this fantastic blog post and I wanted to link to it. [..]&#8230;</p>
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		<title>Comment on Government ICT strategy launched by Richard Nicholas</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/04/06/government-ict-strategy-launched/#comment-1180</link>
		<dc:creator>Richard Nicholas</dc:creator>
		<pubDate>Wed, 04 May 2011 10:47:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2696#comment-1180</guid>
		<description>Thanks Vaughan - good to hear from you.  I know a few public sector IT directors who have similar concerns about open source in particular.  I wonder if greater use of open source will result in an increase in support providers - possibly lowering the cost?  Would be interested to hear the views of those using open source solutions at the moment.  

Similarly - of the other strands of the policy - it would be interesting to hear from those who have switched to cloud computing.  I&#039;ve been hearing a lot recently from providers and some users - particularly in the insurance sector -   http://www.law-less-ordinary.co.uk/wordpress/2011/04/28/cloud-computing-for-insurance-sector/ - would be good to hear people&#039;s experience of using the cloud.

Richard</description>
		<content:encoded><![CDATA[<p>Thanks Vaughan &#8211; good to hear from you.  I know a few public sector IT directors who have similar concerns about open source in particular.  I wonder if greater use of open source will result in an increase in support providers &#8211; possibly lowering the cost?  Would be interested to hear the views of those using open source solutions at the moment.  </p>
<p>Similarly &#8211; of the other strands of the policy &#8211; it would be interesting to hear from those who have switched to cloud computing.  I&#8217;ve been hearing a lot recently from providers and some users &#8211; particularly in the insurance sector &#8211;   <a href="http://www.law-less-ordinary.co.uk/wordpress/2011/04/28/cloud-computing-for-insurance-sector/" rel="nofollow">http://www.law-less-ordinary.co.uk/wordpress/2011/04/28/cloud-computing-for-insurance-sector/</a> &#8211; would be good to hear people&#8217;s experience of using the cloud.</p>
<p>Richard</p>
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		<title>Comment on Family cohesion – rights for grandparents by Lori</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/03/31/family-cohesion-%e2%80%93-rights-for-grandparents/#comment-1127</link>
		<dc:creator>Lori</dc:creator>
		<pubDate>Thu, 21 Apr 2011 07:21:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2666#comment-1127</guid>
		<description>Grandparents should not have legal rights. It&#039;s not their child/children! If parents does not want the grandparents to see the child/children then you should put a stop to it. Ridiculas</description>
		<content:encoded><![CDATA[<p>Grandparents should not have legal rights. It&#8217;s not their child/children! If parents does not want the grandparents to see the child/children then you should put a stop to it. Ridiculas</p>
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		<title>Comment on The ACS: Law, MediaCAT saga continues&#8230;. by Pursuing pirates or profiteering? &#124; law, less ordinary - legal opinions from Browne Jacobson</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/01/26/the-acs-law-mediacat-saga-continues/#comment-1126</link>
		<dc:creator>Pursuing pirates or profiteering? &#124; law, less ordinary - legal opinions from Browne Jacobson</dc:creator>
		<pubDate>Wed, 20 Apr 2011 13:29:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2269#comment-1126</guid>
		<description>[...] courts, this time to answer a claim for the Defendants’ costs in dealing with the allegations. As reported previously, this case related to ACS: Law’s questionable conduct in pursuing internet users who it alleged [...]</description>
		<content:encoded><![CDATA[<p>[...] courts, this time to answer a claim for the Defendants’ costs in dealing with the allegations. As reported previously, this case related to ACS: Law’s questionable conduct in pursuing internet users who it alleged [...]</p>
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		<title>Comment on Terms and conditions available on request by When it is a contract not a contract? &#124; law, less ordinary - legal opinions from Browne Jacobson</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/02/09/terms-and-conditions-available-on-request/#comment-1105</link>
		<dc:creator>When it is a contract not a contract? &#124; law, less ordinary - legal opinions from Browne Jacobson</dc:creator>
		<pubDate>Fri, 15 Apr 2011 15:42:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2388#comment-1105</guid>
		<description>[...] contract formation and making sure that the formalities are complied with. Compare this case with Richard Nicholas&#8217; post  and you can see that if the basics are not dealt with properly, then you may find yourself tied to [...]</description>
		<content:encoded><![CDATA[<p>[...] contract formation and making sure that the formalities are complied with. Compare this case with Richard Nicholas&#8217; post  and you can see that if the basics are not dealt with properly, then you may find yourself tied to [...]</p>
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		<title>Comment on In-house lawyers forum &#8211; March 2011 by Entire Agreement Clauses don't work... &#124; law, less ordinary - legal opinions from Browne Jacobson</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/02/18/in-house-lawyers-forum-march-2011/#comment-1104</link>
		<dc:creator>Entire Agreement Clauses don't work... &#124; law, less ordinary - legal opinions from Browne Jacobson</dc:creator>
		<pubDate>Fri, 15 Apr 2011 08:55:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2443#comment-1104</guid>
		<description>[...] you want to exclude liability for misrepresentation (as those who attend our regular in-house lawyers forums will be all too aware) you need to have either an explicit exclusion of liability for [...]</description>
		<content:encoded><![CDATA[<p>[...] you want to exclude liability for misrepresentation (as those who attend our regular in-house lawyers forums will be all too aware) you need to have either an explicit exclusion of liability for [...]</p>
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		<title>Comment on &#039;We can deliver!&#039; – Can these words expose you to unlimited liability? by Entire Agreement Clauses don't work... &#124; law, less ordinary - legal opinions from Browne Jacobson</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/01/29/we-can-deliver-%e2%80%93-can-these-words-expose-you-to-unlimited-liability/#comment-1103</link>
		<dc:creator>Entire Agreement Clauses don't work... &#124; law, less ordinary - legal opinions from Browne Jacobson</dc:creator>
		<pubDate>Fri, 15 Apr 2011 08:54:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=368#comment-1103</guid>
		<description>[...] recent Court of Appeal decision took a similar line to the first instance ruling in BSkyB v EDS in reaching the conclusion that an entire agreement clause that said that the agreement [...]</description>
		<content:encoded><![CDATA[<p>[...] recent Court of Appeal decision took a similar line to the first instance ruling in BSkyB v EDS in reaching the conclusion that an entire agreement clause that said that the agreement [...]</p>
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		<title>Comment on Academies and VAT recovery – new powers by Free Advertising Online</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/12/16/academies-and-vat-recovery-%e2%80%93-new-powers/#comment-1083</link>
		<dc:creator>Free Advertising Online</dc:creator>
		<pubDate>Thu, 14 Apr 2011 11:53:32 +0000</pubDate>
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		<title>Comment on Government ICT strategy launched by Vaughan Shayler</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/04/06/government-ict-strategy-launched/#comment-1078</link>
		<dc:creator>Vaughan Shayler</dc:creator>
		<pubDate>Wed, 13 Apr 2011 05:56:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2696#comment-1078</guid>
		<description>Whilst welcoming the plans to enable SMEs to access contracts etc (although we are still facing the exact same reticience from Civil Servants that we faced under the previous Government regarding ICT Supplier Certification/Accreditation) I am very concerned about the possible naivity being shown in the assumption that Open Source Software will save money.

In a previous role as ICT Director of a large Fire Service, I had two options when looking at a complete infrastructure renewal that was long overdue. Both were based on the same hardware platform and - by requirement - used exactly the same hardware specifications. Option 1 was a Windows-based solution, option 2 was a fully Open Source solution based on Linux. The financial difference was negligible and over 3 years erred slightly in favour of the Windows solution.

Why was this? Open Source does not equal Free! There &quot;may&quot; be free access to some licenses, but once the supported options are selected this is no longer true. And before the zealots scoff - would you want your local Fire Service or A&amp;E to have its applications being run on an infrastructure which didn&#039;t have third level support and escalation options?

I am not opposed to Open Source solutions, however I do think it can smack of lazy, publicity-seeking posturing if the true nature of Open Source is not part of the debate.</description>
		<content:encoded><![CDATA[<p>Whilst welcoming the plans to enable SMEs to access contracts etc (although we are still facing the exact same reticience from Civil Servants that we faced under the previous Government regarding ICT Supplier Certification/Accreditation) I am very concerned about the possible naivity being shown in the assumption that Open Source Software will save money.</p>
<p>In a previous role as ICT Director of a large Fire Service, I had two options when looking at a complete infrastructure renewal that was long overdue. Both were based on the same hardware platform and &#8211; by requirement &#8211; used exactly the same hardware specifications. Option 1 was a Windows-based solution, option 2 was a fully Open Source solution based on Linux. The financial difference was negligible and over 3 years erred slightly in favour of the Windows solution.</p>
<p>Why was this? Open Source does not equal Free! There &#8220;may&#8221; be free access to some licenses, but once the supported options are selected this is no longer true. And before the zealots scoff &#8211; would you want your local Fire Service or A&amp;E to have its applications being run on an infrastructure which didn&#8217;t have third level support and escalation options?</p>
<p>I am not opposed to Open Source solutions, however I do think it can smack of lazy, publicity-seeking posturing if the true nature of Open Source is not part of the debate.</p>
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		<title>Comment on Bribery Act – SFO volunteers guidance on corporate hospitality by Free Online Marketing Tools</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/12/22/bribery-act-%e2%80%93-sfo-volunteers-guidance-on-corporate-hospitality/#comment-1074</link>
		<dc:creator>Free Online Marketing Tools</dc:creator>
		<pubDate>Tue, 12 Apr 2011 12:41:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2094#comment-1074</guid>
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		<title>Comment on Will national standards be sticks to beat social workers with? by Free Online Marketing Tools</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/12/16/will-national-standards-be-sticks-to-beat-social-workers-with/#comment-1071</link>
		<dc:creator>Free Online Marketing Tools</dc:creator>
		<pubDate>Tue, 12 Apr 2011 10:18:56 +0000</pubDate>
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		<title>Comment on Government ICT strategy launched by Free Online Marketing Tools</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/04/06/government-ict-strategy-launched/#comment-1070</link>
		<dc:creator>Free Online Marketing Tools</dc:creator>
		<pubDate>Tue, 12 Apr 2011 09:05:29 +0000</pubDate>
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		<title>Comment on &#8220;Red Tape Challenge&#8221; &#8211; are you up for it? by Free Online Marketing Tools</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/04/08/red-tape-challenge-are-you-up-for-it/#comment-1069</link>
		<dc:creator>Free Online Marketing Tools</dc:creator>
		<pubDate>Tue, 12 Apr 2011 08:24:58 +0000</pubDate>
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		<title>Comment on Sure Start under threat by OpenOffice Download</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/01/18/sure-start-under-threat/#comment-1057</link>
		<dc:creator>OpenOffice Download</dc:creator>
		<pubDate>Mon, 11 Apr 2011 11:20:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2229#comment-1057</guid>
		<description>&lt;strong&gt;OpenOffice Download...&lt;/strong&gt;

[...Please Accept This Trading Links Request...]...</description>
		<content:encoded><![CDATA[<p><strong>OpenOffice Download&#8230;</strong></p>
<p>[...Please Accept This Trading Links Request...]&#8230;</p>
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		<title>Comment on Sure Start under threat by family Solicitor</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/01/18/sure-start-under-threat/#comment-1053</link>
		<dc:creator>family Solicitor</dc:creator>
		<pubDate>Sun, 10 Apr 2011 01:21:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2229#comment-1053</guid>
		<description>&lt;strong&gt;Divorce Solicitor...&lt;/strong&gt;

[...]we like to honor other sites on the web, even if they aren&#039;t related to us, by linking to them. Below are some sites worth checking out[...]...</description>
		<content:encoded><![CDATA[<p><strong>Divorce Solicitor&#8230;</strong></p>
<p>[...]we like to honor other sites on the web, even if they aren&#8217;t related to us, by linking to them. Below are some sites worth checking out[...]&#8230;</p>
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		<title>Comment on Tory Technology Treaty by Government ICT strategy launched &#124; law, less ordinary - legal opinions from Browne Jacobson</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/03/19/tory-technology-treaty/#comment-1043</link>
		<dc:creator>Government ICT strategy launched &#124; law, less ordinary - legal opinions from Browne Jacobson</dc:creator>
		<pubDate>Wed, 06 Apr 2011 13:19:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=485#comment-1043</guid>
		<description>[...] The UK Government recently released its ICT Strategy following on from manifesto commitments made prior to the election. [...]</description>
		<content:encoded><![CDATA[<p>[...] The UK Government recently released its ICT Strategy following on from manifesto commitments made prior to the election. [...]</p>
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		<title>Comment on Tesco scores a PR own goal in price war by alan pickering</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/03/25/tesco-scores-a-pr-own-goal-in-price-war/#comment-972</link>
		<dc:creator>alan pickering</dc:creator>
		<pubDate>Sun, 27 Mar 2011 18:44:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2629#comment-972</guid>
		<description>well i am one of those who cottened on to Tesco&#039;s continued greed...i have had over £1200 of free shopping this month and will continue to seek out free food next month and the next and the next.. even if i have to do £20 shops...this could go on for life.. 

I have cupboards of cereal, frozen food, coffee, tea, toilet paper, washing liquid, conditioner, toothpaste, toiletries for me and my son and daughters.. and i still have over £230 of free vouchers to use and £20 of clubcard points to redeem!!

all for £160 outlay!!!!

Tescos greed has caught up with them

they are not chear..they dont use a 3rd party to check asda&#039;s prices and they are failing to match loads which  clearly shows that Tescos can easily manipulate this to theyre advantage as they know that consumers will not question the results!!

Even at store level no-one knows how to operate this scheme and customers are being faced with being treated no better than a theif when these vouchers are being presented!!

They need to withdraw this promise!!! pronto</description>
		<content:encoded><![CDATA[<p>well i am one of those who cottened on to Tesco&#8217;s continued greed&#8230;i have had over £1200 of free shopping this month and will continue to seek out free food next month and the next and the next.. even if i have to do £20 shops&#8230;this could go on for life.. </p>
<p>I have cupboards of cereal, frozen food, coffee, tea, toilet paper, washing liquid, conditioner, toothpaste, toiletries for me and my son and daughters.. and i still have over £230 of free vouchers to use and £20 of clubcard points to redeem!!</p>
<p>all for £160 outlay!!!!</p>
<p>Tescos greed has caught up with them</p>
<p>they are not chear..they dont use a 3rd party to check asda&#8217;s prices and they are failing to match loads which  clearly shows that Tescos can easily manipulate this to theyre advantage as they know that consumers will not question the results!!</p>
<p>Even at store level no-one knows how to operate this scheme and customers are being faced with being treated no better than a theif when these vouchers are being presented!!</p>
<p>They need to withdraw this promise!!! pronto</p>
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		<title>Comment on In-house lawyers forum &#8211; March 2011 by Are you infringing if you fail to pay a licence fee? &#124; law, less ordinary - legal opinions from Browne Jacobson</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/02/18/in-house-lawyers-forum-march-2011/#comment-849</link>
		<dc:creator>Are you infringing if you fail to pay a licence fee? &#124; law, less ordinary - legal opinions from Browne Jacobson</dc:creator>
		<pubDate>Tue, 01 Mar 2011 16:32:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2443#comment-849</guid>
		<description>[...] an issue we&#8217;ll be covering at the next in house lawyers forums on 16th, 29th and 31st March.  Please sign up here if you&#8217;d be interested in [...]</description>
		<content:encoded><![CDATA[<p>[...] an issue we&#8217;ll be covering at the next in house lawyers forums on 16th, 29th and 31st March.  Please sign up here if you&#8217;d be interested in [...]</p>
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		<title>Comment on Looney tunes by Looney tunes &#124; law, less ordinary &#8211; legal opinions from Browne &#8230; &#124; Cartoon World</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/02/22/looney-tunes/#comment-835</link>
		<dc:creator>Looney tunes &#124; law, less ordinary &#8211; legal opinions from Browne &#8230; &#124; Cartoon World</dc:creator>
		<pubDate>Tue, 22 Feb 2011 18:14:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2492#comment-835</guid>
		<description>[...] Looney tunes &#124; law, less ordinary &#8211; legal opinions from Browne &#8230; [...]</description>
		<content:encoded><![CDATA[<p>[...] Looney tunes | law, less ordinary &#8211; legal opinions from Browne &#8230; [...]</p>
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		<title>Comment on Out with retirement, in with uncertainty by How To Play Catch Up For Retirement Saving</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/02/18/out-with-retirement-in-with-uncertainty/#comment-822</link>
		<dc:creator>How To Play Catch Up For Retirement Saving</dc:creator>
		<pubDate>Fri, 18 Feb 2011 18:29:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2452#comment-822</guid>
		<description>[...] Removing the default retirement age &#124; law, less ordinary - legal ... [...]</description>
		<content:encoded><![CDATA[<p>[...] Removing the default retirement age | law, less ordinary &#8211; legal &#8230; [...]</p>
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		<title>Comment on Coming soon to a television near you by Product placement in UK TV programmes &#124; law, less ordinary - legal opinions from Browne Jacobson</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/12/22/coming-soon-to-a-television-near-you/#comment-818</link>
		<dc:creator>Product placement in UK TV programmes &#124; law, less ordinary - legal opinions from Browne Jacobson</dc:creator>
		<pubDate>Mon, 14 Feb 2011 13:32:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2091#comment-818</guid>
		<description>[...] before Christmas 2010 Ofcom confirmed that as of 28 February 2011, product placement will be permitted in UK TV programmes. Unlike our more relaxed US cousins, as [...]</description>
		<content:encoded><![CDATA[<p>[...] before Christmas 2010 Ofcom confirmed that as of 28 February 2011, product placement will be permitted in UK TV programmes. Unlike our more relaxed US cousins, as [...]</p>
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		<title>Comment on When babysitting leads to barring by Karen Leech</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/02/08/when-babysitting-leads-to-barring/#comment-813</link>
		<dc:creator>Karen Leech</dc:creator>
		<pubDate>Thu, 10 Feb 2011 11:51:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2382#comment-813</guid>
		<description>As the law currently stands, the Independent Safeguarding Authority legally MUST bar someone who has been convicted or cautioned of an offence proscribed under the Safeguarding Vulnerable Groups Act.</description>
		<content:encoded><![CDATA[<p>As the law currently stands, the Independent Safeguarding Authority legally MUST bar someone who has been convicted or cautioned of an offence proscribed under the Safeguarding Vulnerable Groups Act.</p>
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		<title>Comment on Battle commences over Digital Economy Act by Frank MacDonald &#187; Battle commences over Digital Economy Act &#124; law, less ordinary &#8230;</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/02/03/battle-commences-over-digital-economy-act/#comment-803</link>
		<dc:creator>Frank MacDonald &#187; Battle commences over Digital Economy Act &#124; law, less ordinary &#8230;</dc:creator>
		<pubDate>Thu, 03 Feb 2011 14:00:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2332#comment-803</guid>
		<description>[...] that Ofcom will review the feasibility of the blocking powers created by the Digital Economy Act.read the full article here   Post Information Rate this Post:  &#160;Loading ...        Written by Frank, Filed under: Digital [...]</description>
		<content:encoded><![CDATA[<p>[...] that Ofcom will review the feasibility of the blocking powers created by the Digital Economy Act.read the full article here   Post Information Rate this Post:  &nbsp;Loading &#8230;        Written by Frank, Filed under: Digital [...]</p>
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		<title>Comment on Naomi libel decision is no basis for demise of CFA’s by Frank MacDonald &#187; Naomi libel decision is no basis for demise of CFAs &#124; law, less &#8230;</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/01/21/naomi-libel-decision-is-no-basis-for-demise-of-cfa%e2%80%99s/#comment-787</link>
		<dc:creator>Frank MacDonald &#187; Naomi libel decision is no basis for demise of CFAs &#124; law, less &#8230;</dc:creator>
		<pubDate>Fri, 21 Jan 2011 11:01:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2255#comment-787</guid>
		<description>[...] be seen as an excuse for the government to abolish the current system of Conditional Fee Agreements.read the full article here   Post Information Rate this Post:  &#160;Loading ...        Written by Frank, Filed under: Digital [...]</description>
		<content:encoded><![CDATA[<p>[...] be seen as an excuse for the government to abolish the current system of Conditional Fee Agreements.read the full article here   Post Information Rate this Post:  &nbsp;Loading &#8230;        Written by Frank, Filed under: Digital [...]</p>
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		<title>Comment on Pressure for schools to perform in league tables jeopardising student choice? by Frank MacDonald &#187; New GCSE performance measure the English baccalaureate (E-bac &#8230;</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/01/14/pressure-for-schools-to-perform-in-league-tables-jeopardising-student-choice/#comment-774</link>
		<dc:creator>Frank MacDonald &#187; New GCSE performance measure the English baccalaureate (E-bac &#8230;</dc:creator>
		<pubDate>Fri, 14 Jan 2011 18:02:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2205#comment-774</guid>
		<description>[...] Science, a Language and a Humanities subject. The E-bac has angered many Head Teachers, &#8230;read the full article here   Post Information Rate this Post:  &#160;Loading ...        Written by Frank, Filed under: Digital [...]</description>
		<content:encoded><![CDATA[<p>[...] Science, a Language and a Humanities subject. The E-bac has angered many Head Teachers, &#8230;read the full article here   Post Information Rate this Post:  &nbsp;Loading &#8230;        Written by Frank, Filed under: Digital [...]</p>
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		<title>Comment on The bell tolls for the DRA by Frank MacDonald &#187; The bell tolls for the default retirement age &#124; law, less ordinary &#8230;</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2011/01/13/the-bell-tolls-for-the-dra/#comment-769</link>
		<dc:creator>Frank MacDonald &#187; The bell tolls for the default retirement age &#124; law, less ordinary &#8230;</dc:creator>
		<pubDate>Thu, 13 Jan 2011 18:02:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=2177#comment-769</guid>
		<description>[...] will not be able to issue new notices of retirement under the current rules after 5 April this year.read the full article here   Post Information Rate this Post:  &#160;Loading ...        Written by Frank, Filed under: Digital [...]</description>
		<content:encoded><![CDATA[<p>[...] will not be able to issue new notices of retirement under the current rules after 5 April this year.read the full article here   Post Information Rate this Post:  &nbsp;Loading &#8230;        Written by Frank, Filed under: Digital [...]</p>
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		<title>Comment on Harry Potter doesn’t beat Wizard Willy (yet) by Harry Potter and the alleged plagiarism &#124; law, less ordinary - legal opinions from Browne Jacobson</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/10/29/harry-potter-doesn%e2%80%99t-beat-wizard-willy-yet/#comment-767</link>
		<dc:creator>Harry Potter and the alleged plagiarism &#124; law, less ordinary - legal opinions from Browne Jacobson</dc:creator>
		<pubDate>Thu, 13 Jan 2011 14:05:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1730#comment-767</guid>
		<description>[...] damages for copyright infringement from JK Rowling and Bloomsbury. Readers will remember that the English High Court refused to dismiss the claim at a summary stage, because the case did have some chance of success (though the judge seriously doubted the strength [...]</description>
		<content:encoded><![CDATA[<p>[...] damages for copyright infringement from JK Rowling and Bloomsbury. Readers will remember that the English High Court refused to dismiss the claim at a summary stage, because the case did have some chance of success (though the judge seriously doubted the strength [...]</p>
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		<title>Comment on Comment must be &#8220;honest&#8221; – it doesn&#8217;t have to be &#8220;fair&#8221; by Liberal libel law &#124; law, less ordinary - legal opinions from Browne Jacobson</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/12/02/comment-must-be-honest-%e2%80%93-it-doesnt-have-to-be-fair/#comment-754</link>
		<dc:creator>Liberal libel law &#124; law, less ordinary - legal opinions from Browne Jacobson</dc:creator>
		<pubDate>Fri, 07 Jan 2011 16:33:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1944#comment-754</guid>
		<description>[...] comments cannot be defamatory . Similarly, it has always been a defence that a statement is true, and honest comments are also not defamatory. A defendant may also claim qualified privilege if he acted in good faith and without malice. So [...]</description>
		<content:encoded><![CDATA[<p>[...] comments cannot be defamatory . Similarly, it has always been a defence that a statement is true, and honest comments are also not defamatory. A defendant may also claim qualified privilege if he acted in good faith and without malice. So [...]</p>
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		<title>Comment on Are anti-piracy law firms out of order? by Interesting Read</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/10/01/are-anti-piracy-law-firms-out-of-order/#comment-700</link>
		<dc:creator>Interesting Read</dc:creator>
		<pubDate>Fri, 10 Dec 2010 03:16:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1512#comment-700</guid>
		<description>http://www.francisdavey.co.uk/2010/12/acslaw-come-unstuck.html

Earlier this month ACS:Law suffered a set-back in their campaign against alleged copyright infringement through peer-to-peer file sharing. ACS:Law (or more pedantically, their clients) had tried to obtain judgments in default against 8 defendants, but failed for a variety of reasons in each case. The judge in the Patents County Court criticised the nature of their claim and the way in which the applications were brought — reported as Media C.A.T Limited v A (and others) [2010] EWPCC 17.

http://www.bailii.org/ew/cases/EWPCC/2010/17.html</description>
		<content:encoded><![CDATA[<p><a href="http://www.francisdavey.co.uk/2010/12/acslaw-come-unstuck.html" rel="nofollow">http://www.francisdavey.co.uk/2010/12/acslaw-come-unstuck.html</a></p>
<p>Earlier this month ACS:Law suffered a set-back in their campaign against alleged copyright infringement through peer-to-peer file sharing. ACS:Law (or more pedantically, their clients) had tried to obtain judgments in default against 8 defendants, but failed for a variety of reasons in each case. The judge in the Patents County Court criticised the nature of their claim and the way in which the applications were brought — reported as Media C.A.T Limited v A (and others) [2010] EWPCC 17.</p>
<p><a href="http://www.bailii.org/ew/cases/EWPCC/2010/17.html" rel="nofollow">http://www.bailii.org/ew/cases/EWPCC/2010/17.html</a></p>
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		<title>Comment on Rebalanced in favour of… by Frank MacDonald &#187; Local residents get more control over licensing &#124; law, less &#8230;</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/12/03/rebalanced-in-favour-of%e2%80%a6/#comment-693</link>
		<dc:creator>Frank MacDonald &#187; Local residents get more control over licensing &#124; law, less &#8230;</dc:creator>
		<pubDate>Fri, 03 Dec 2010 14:06:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1962#comment-693</guid>
		<description>[...] plans to give local residents more control over licensing as part of its Crime and Policing Bill.read the full article here   Post Information Rate this Post:  &#160;Loading ...        Written by Frank, Filed under: Digital [...]</description>
		<content:encoded><![CDATA[<p>[...] plans to give local residents more control over licensing as part of its Crime and Policing Bill.read the full article here   Post Information Rate this Post:  &nbsp;Loading &#8230;        Written by Frank, Filed under: Digital [...]</p>
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		<title>Comment on Comment must be &#8220;honest&#8221; – it doesn&#8217;t have to be &#8220;fair&#8221; by Frank MacDonald &#187; Comment must be &#8220;honest&#8221; it doesnt have to be &#8220;fair&#8221; &#124; law &#8230;</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/12/02/comment-must-be-honest-%e2%80%93-it-doesnt-have-to-be-fair/#comment-690</link>
		<dc:creator>Frank MacDonald &#187; Comment must be &#8220;honest&#8221; it doesnt have to be &#8220;fair&#8221; &#124; law &#8230;</dc:creator>
		<pubDate>Thu, 02 Dec 2010 19:05:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1944#comment-690</guid>
		<description>[...] in Spiller v Joseph has clarified the defence of fair comment (also renaming it honest comment).read the full article here   Post Information Rate this Post:  &#160;Loading ...        Written by Frank, Filed under: Digital [...]</description>
		<content:encoded><![CDATA[<p>[...] in Spiller v Joseph has clarified the defence of fair comment (also renaming it honest comment).read the full article here   Post Information Rate this Post:  &nbsp;Loading &#8230;        Written by Frank, Filed under: Digital [...]</p>
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		<title>Comment on Location, location, location…does it really matter? by Frank MacDonald &#187; Location, location, locationdoes it really matter &#124; law, less &#8230;</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/12/01/location-location-location%e2%80%a6does-it-really-matter/#comment-688</link>
		<dc:creator>Frank MacDonald &#187; Location, location, locationdoes it really matter &#124; law, less &#8230;</dc:creator>
		<pubDate>Wed, 01 Dec 2010 14:06:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1918#comment-688</guid>
		<description>[...] of internet hosted material can only occur in the country where the host server is based.read the full article here   Post Information Rate this Post:  &#160;Loading ...        Written by Frank, Filed under: Digital [...]</description>
		<content:encoded><![CDATA[<p>[...] of internet hosted material can only occur in the country where the host server is based.read the full article here   Post Information Rate this Post:  &nbsp;Loading &#8230;        Written by Frank, Filed under: Digital [...]</p>
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		<title>Comment on Limited Liability Partnerships (“LLPs”) and stamp duties: changes to group relief. by Why You Need A Business Entity &#124; Multi-Level Marketing Home Based Business Opportunity</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/11/16/limited-liability-partnerships-%e2%80%9cllps%e2%80%9d-and-stamp-duties-changes-to-group-relief/#comment-511</link>
		<dc:creator>Why You Need A Business Entity &#124; Multi-Level Marketing Home Based Business Opportunity</dc:creator>
		<pubDate>Tue, 23 Nov 2010 19:09:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1822#comment-511</guid>
		<description>[...] Limited Liability Partnerships (“LLPs”) and stamp duties &#124; law &#8230; [...]</description>
		<content:encoded><![CDATA[<p>[...] Limited Liability Partnerships (“LLPs”) and stamp duties | law &#8230; [...]</p>
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		<title>Comment on CRC post CSR by Frank MacDonald &#187; CRC post CSR &#124; law, less ordinary &#8211; legal opinions from Browne &#8230;</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/11/19/crc-post-csr/#comment-423</link>
		<dc:creator>Frank MacDonald &#187; CRC post CSR &#124; law, less ordinary &#8211; legal opinions from Browne &#8230;</dc:creator>
		<pubDate>Fri, 19 Nov 2010 13:03:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1844#comment-423</guid>
		<description>[...] on Wednesday a new four week consultation on the amendments proposed by the government. &#8230;read the full article here   Post Information Rate this Post:  &#160;Loading ...        Written by Frank, Filed under: Digital [...]</description>
		<content:encoded><![CDATA[<p>[...] on Wednesday a new four week consultation on the amendments proposed by the government. &#8230;read the full article here   Post Information Rate this Post:  &nbsp;Loading &#8230;        Written by Frank, Filed under: Digital [...]</p>
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		<title>Comment on CRC post CSR by Tweets that mention CRC post CSR &#124; law, less ordinary - legal opinions from Browne Jacobson -- Topsy.com</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/11/19/crc-post-csr/#comment-421</link>
		<dc:creator>Tweets that mention CRC post CSR &#124; law, less ordinary - legal opinions from Browne Jacobson -- Topsy.com</dc:creator>
		<pubDate>Fri, 19 Nov 2010 12:58:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1844#comment-421</guid>
		<description>[...] This post was mentioned on Twitter by Browne Jacobson LLP, Browne Jacobson LLP. Browne Jacobson LLP said: CRC - Chris Hulm announces a new four week consultation on the amendments proposed by the government. http://bit.ly/aMSVRR #CSR # [...]</description>
		<content:encoded><![CDATA[<p>[...] This post was mentioned on Twitter by Browne Jacobson LLP, Browne Jacobson LLP. Browne Jacobson LLP said: CRC &#8211; Chris Hulm announces a new four week consultation on the amendments proposed by the government. <a href="http://bit.ly/aMSVRR" rel="nofollow">http://bit.ly/aMSVRR</a> #CSR # [...]</p>
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		<title>Comment on Momentum builds as academies programme expands by Frank MacDonald &#187; Momentum builds as academies programme expands &#124; law, less &#8230;</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/11/18/momentum-builds-as-academies-programme-expands/#comment-409</link>
		<dc:creator>Frank MacDonald &#187; Momentum builds as academies programme expands &#124; law, less &#8230;</dc:creator>
		<pubDate>Thu, 18 Nov 2010 16:03:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1837#comment-409</guid>
		<description>[...] DfE. First, the government announced plans to force under performing schools to become academies.read the full article here   Post Information Rate this Post:  &#160;Loading ...        Written by Frank, Filed under: Digital [...]</description>
		<content:encoded><![CDATA[<p>[...] DfE. First, the government announced plans to force under performing schools to become academies.read the full article here   Post Information Rate this Post:  &nbsp;Loading &#8230;        Written by Frank, Filed under: Digital [...]</p>
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		<title>Comment on FOS compensation clarity by Tweets that mention FOS compensation clarity « law, less ordinary – legal opinions from Browne Jacobson -- Topsy.com</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/11/05/fos-compensation-clarity/#comment-267</link>
		<dc:creator>Tweets that mention FOS compensation clarity « law, less ordinary – legal opinions from Browne Jacobson -- Topsy.com</dc:creator>
		<pubDate>Sat, 06 Nov 2010 11:10:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1761#comment-267</guid>
		<description>[...] This post was mentioned on Twitter by CompanyRegistry.eu, Browne Jacobson LLP. Browne Jacobson LLP said: Claimants that accept a Financial Ombudsman Service will be bound by it rules High Court. http://bit.ly/d1029s #insurance [...]</description>
		<content:encoded><![CDATA[<p>[...] This post was mentioned on Twitter by CompanyRegistry.eu, Browne Jacobson LLP. Browne Jacobson LLP said: Claimants that accept a Financial Ombudsman Service will be bound by it rules High Court. <a href="http://bit.ly/d1029s" rel="nofollow">http://bit.ly/d1029s</a> #insurance [...]</p>
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		<title>Comment on Waste PFI Credits abolished – challenge and opportunity by Tweets that mention Waste PFI Credits abolished – challenge and opportunity « law, less ordinary – legal opinions from Browne Jacobson -- Topsy.com</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/11/03/waste-pfi-credits-abolished-%e2%80%93-challenge-and-opportunity/#comment-263</link>
		<dc:creator>Tweets that mention Waste PFI Credits abolished – challenge and opportunity « law, less ordinary – legal opinions from Browne Jacobson -- Topsy.com</dc:creator>
		<pubDate>Wed, 03 Nov 2010 14:43:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1747#comment-263</guid>
		<description>[...] This post was mentioned on Twitter by quippd Environment, Browne Jacobson LLP. Browne Jacobson LLP said: Waste PFI credits abolished - will private sector investment be needed? http://bit.ly/chywuy #environment #waste [...]</description>
		<content:encoded><![CDATA[<p>[...] This post was mentioned on Twitter by quippd Environment, Browne Jacobson LLP. Browne Jacobson LLP said: Waste PFI credits abolished &#8211; will private sector investment be needed? <a href="http://bit.ly/chywuy" rel="nofollow">http://bit.ly/chywuy</a> #environment #waste [...]</p>
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		<title>Comment on Solution needed for overcrowded schools by Tweets that mention Solution needed for overcrowded schools « law, less ordinary – legal opinions from Browne Jacobson -- Topsy.com</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/10/27/solution-needed-for-overcrowded-schools/#comment-257</link>
		<dc:creator>Tweets that mention Solution needed for overcrowded schools « law, less ordinary – legal opinions from Browne Jacobson -- Topsy.com</dc:creator>
		<pubDate>Wed, 27 Oct 2010 18:50:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1724#comment-257</guid>
		<description>[...] This post was mentioned on Twitter by Hip-Hop Scholars, Browne Jacobson LLP. Browne Jacobson LLP said: Will overcrowding of schools lead to more children being home-schooled? http://bit.ly/aBuNP1 #education #schools #CSR [...]</description>
		<content:encoded><![CDATA[<p>[...] This post was mentioned on Twitter by Hip-Hop Scholars, Browne Jacobson LLP. Browne Jacobson LLP said: Will overcrowding of schools lead to more children being home-schooled? <a href="http://bit.ly/aBuNP1" rel="nofollow">http://bit.ly/aBuNP1</a> #education #schools #CSR [...]</p>
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		<title>Comment on Ice cream is our religion by One more scoop please &#171; law, less ordinary &#8211; legal opinions from Browne Jacobson</title>
		<link>http://www.law-less-ordinary.co.uk/wordpress/2010/09/15/ice-cream-is-our-religion/#comment-254</link>
		<dc:creator>One more scoop please &#171; law, less ordinary &#8211; legal opinions from Browne Jacobson</dc:creator>
		<pubDate>Wed, 27 Oct 2010 14:05:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.law-less-ordinary.co.uk/wordpress/?p=1438#comment-254</guid>
		<description>[...] Only last month did we tweet that Antonio Federici had been chastised by the ASA for making a mockery of the Catholic religion. [...]</description>
		<content:encoded><![CDATA[<p>[...] Only last month did we tweet that Antonio Federici had been chastised by the ASA for making a mockery of the Catholic religion. [...]</p>
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