Ralli Solicitors - Latest News

Rebekah Brooks To Be Charged With Perverting The Course Of Justice In Relation To Phone-Hacking

The Crown Prosecution Service has today announced that News International's former chief executive Rebekah Brooks and her husband, Charlie Brooks are to be charged with perverting the course of justice in relation to the phone-hacking scandal.

Are we turning our backs on the elderly?

Paula Bridge, Head of Clinical Negligence

The Daily Mail reports this morning that campaigners are pleading with the Coalition to not turn their backs on the elderly and the OAP care crisis.

Read more: http://tinyurl.com/d3hjvzy

If we are not careful we are going to be remembered as the generation that turned our backs on our elderly.

The whole system is in need of reform as the latest wave of horror stories to emerge has proved. Whether we are considering the allegations of abuse, training of staff or grades of pay for care workers or the difficult question of funding of care whether private and/or state.

We as a firm have recently been involved in whistle blowing regarding a care home where regular episodes of abuse were occurring as a result of a care worker who had mental issues of his own, and at the other end of the spectrum we are helping clients to plan for the future so they can enjoy life today rather than worrying what may happen in the future.

It is not fair to deprive our elderly of living life now whilst they have some degree of quality purely because they are so worried about what may happen to them in the future, and whether they can afford to fund a better standard of life in the years to come.

This is an issue for everyone, we all have elderly parents, relatives or friends who are being affected by the current system and we all need to step up to our social responsibility to look after and protect our elderly and to ensure they do not become the forgotten generation.

Gareth Williams Inquest

The inquest into the death of MI6 spy, Gareth Williams, has heard that it is possible he may have died from either 'suffocation or poisoning' and that it is "more likely that he was alive when he entered the bag than that he was dead".

Footballer Found Guilty Of Rape Jailed For 5 Years

Footballer Ched Evans has been found guilty of rape and jailed for five years. Clayton McDonald was found not guilty.

Football Rape Trial: 'Defence Insist Sex Was Consensual'

The jury in the rape case involving Sheffield United striker Ched Evans and Port Vale defender Clayton McDonald has heard that despite the alleged being "dangerously intoxicated", "There was nothing in her behaviour, speech and demeanour that led him to believe she was not capable of consent."

UK's First Sentence Recorded On Camera In A British Court

After being convicted of the murder of Suzanne Pilley, David Gilroy became the first convicted killer to have his sentence recorded on camera in a British court.

Cybercrime threat on the rise, says PwC report

Cybercrime is becoming an increasing threat to the financial services sector, according to a report by accountancy firm, PwC.

PwC says the threat to the financial services sector from cybercrime is increasing and suggests that fraud by firms' own staff is becoming more of an issue.

Between 2009 and 2011 there was an increase of six percentage points in the number of cases in which senior management were involved.

Statement On Behalf Of The Terry Family

Originally reported by the Manchester Evening News.

PC IAN TERRY

James Reilly, Partner at Ralli, Solicitors:-

"These images are clearly distressing to the family and highlights that GMP and in particular the tactical fire arms unit haven't learnt anything from the circumstances surround the tragic death of Ian Terry.

The family understand from GMP that the photograph was taken 18 months to 2 years after Ian's death which would be at the same time as the inquest was being heard.

The inquest heard that there were systemic failings in both the planning and operation of the exercises. A jury returned a verdict of unlawful killing and following investigations conducted after that verdict, the HSE decided to prosecute GMP and 2 officers involved under the Health and Safety at Work Act.

The CPS decided not to charge any of the officers only 3 weeks ago. Ian's family are extremely distressed at the sight of the image released today. They feel that following the death of a fine young officer, other officers feel it somehow appropriate to fool around during training exercises."

For further information contact Gillian Nuttall on 0161 615 0730 or Robert Illidge 0161 615 0731.

Own-it Intellectual Property Clinics Expand To Manchester

The UK's only intellectual property advisory service tailored to the needs of the creative sector, Own-it, has announced it is expanding its service to Manchester.

Having seen notable success in London, where it is supported by fourteen law firms, the pro bono initiative will help creative practitioners and small and medium-sized creative businesses access intellectual property advice at crucial stages in their business development, has been made possible by Manchester based law firm Ralli.

Robert Illidge, Marketing Executive at Ralli said:

�I'm delighted to announce our partnership with Own-it which will make us the first northern based law firm to offer the pro bono clinics on a sustainable basis.

As a passionate law firm, we are dedicated to providing the best intellectual property advice to innovators in businesses of all sizes and not for profit organisations.

Following remarkable success in London, the expansion of Own-it's offering to Manchester will assist the growth of creative businesses in the region, boosting what is an already rapidly developing industry.

These are exciting times.�

Creative businesses or sole traders can register on the Own-it website for free and submit IP queries.

The expansion will look to serve a community of more than 25,000 registered users.

Older staff can be made redundant to avoid pension charges, judges rule

The Court of Appeal has ruled that health service managers in Cumbria did not act unfairly when they dismissed their chief executive.

Nigel Woodcock began an action after North Cumbria Primary Care Trusts dismissed him in order to reduce the amount it must pay him in pension. The case was rejected by both an Employment Tribunal and an Employment Appeal Tribunal.

The judges hearing his appeal say that his employers were within their rights to dismiss him just before his 49th birthday because although his treatment effectively amounted to age discrimination it was justifiable because his post was already being scrapped in a wider reorganisation of health trusts across Cumbria.

Andy Flower to run for Ralli's chosen charity Factor 50

England Coach Andy Flower will be running the London Marathon in 2012 for The Lord's Taverners, Hope for Children and Factor 50 and he needs your support!

www.factor50.org.uk

www.justgiving.com/Andy-Flower

PRESS STATEMENT: P.C Ian Terry

Ian Terry was a devoted husband and loving father.

On 9th June 2008 he volunteered to participate in what he believed to be a routine training exercise organised by the Greater Manchester Police. Ian had no reason to believe that the exercise had not been approved, that it was dangerous or that it might lead to his death.

For the first few months following Ian's death we were allowed to believe that it was the result of a tragic accident which could not have been foreseen. However as the IPCC and HSE investigation progressed it became clear that major unauthorised changes had been made to the training package, that the shotgun had been intentionally pointed at Ian before the trigger was pulled and that not one of the so-called safety officers had been in a position to stop the fatal shot from being fired.

Twenty months after Ian's death an inquest was opened and the full list of failings which led to Ian's death became clear. News reports frequently pointed out that Ian was not wearing body amour which may have left the impression that he was somehow partially to blame. It must be pointed out that Ian was provided with, and was wearing a heavy jacket and face mask as protection against the paint rounds, so-called simunition, which could have been fired during the exercise. In fact, the training exercise had been changed to include a live shotgun round fired by the officer whose role was to deflate the tyres of the suspect vehicle.

During the inquest the evidence was robustly tested by advocates representing a number of officers involved in the shooting, after which a jury returned a verdict of Unlawful Killing, a verdict which met the criminal evidence threshold of "beyond all reasonable doubt", which is the same burden of proof required by a Criminal Court.

Now two years later and almost four years since Ian's death, we have been advised that the Crown Prosecution Service will not be prosecuting either Greater Manchester Police or any of the individuals whose role in this incident have contributed or are directly responsible for the fatal shooting.

Our family is disappointed and devastated by the view of the CPS that a human being shot and killed unjustifiably can still be acceptable in the eyes of the law.

Having a jury believe, after hearing all the evidence available in this case, that Ian's death was unlawful; it is confusing and frustrating that we are now in receipt of a document written by the CPS stating that they consider there is insufficient evidence for a realistic prospect of a conviction at court.

There is CCTV footage of the shooting, which we have seen, and there are several police witnesses, so we are shocked that the CPS are of the opinion there is insufficient evidence to proceed and we are disappointed that after the officer who killed Ian gave evidence at the inquest that he did not know why he fired at Ian, offering no explanation or justification, the CPS appear to have taken it upon themselves to defend Ian's killer by explaining his actions as a serious error rather than allowing a Jury to decide.

The letter the CPS has provided lists a string of actions by certain individuals they consider have been directly responsible for Ian's death but have told us that although they consider these actions negligent, they do not consider them grossly negligent, which is the standard the negligence must reach before it is considered an offence they will prosecute. Again, the CPS appears to have taken it upon themselves to make this distinction, when we understand that traditionally this is a decision normally determined by a Jury.

Our response to this comment is, how can actions taken by officers that the CPS consider have been negligent and are responsible for Ian's death, not be considered gross? We would like to take this opportunity to ask the CPS to explain publicly how any action resulting in the death of man can not be considered gross, and to explain what actions the officers involved would have to commit before they would consider their negligence gross, because obviously we feel that there can be no more serious a consequence of any negligence than death being caused as a result.

We are also in receipt of notification from the Health and Safety Executive that they will be prosecuting GMP and two officers responsible for the conduct of the training exercise as they believe that there is sufficient evidence to successfully prosecute. We welcome this news as we feel their decision to break the rules set out to protect the safety of officers participating in their training exercise has caused Ian's death, but we are disappointed that the officer who aimed his shotgun at Ian, pulled the trigger and killed him has escaped any form of lawful recourse and we fail to understand how anybody who shoots and kills a man unjustifiably can be free of any form of prosecution.

We have been advised there will be no further investigation by any agency in respect of this case but we feel there are other officers who participated in the planning and execution of the exercise who have also contributed to Ian's death, and although they will not be facing any form of prosecution we feel they are equally to blame for this tragedy and we are now looking to Greater Manchester Police to reflect this when they consider internal discipline, which we have been informed had been postponed pending the results of any HSE and IPCC investigation which led to the HSE and CPS decisions.

We do not agree with all the decisions made regarding this case but there is nothing further we can do or say as a family that will affect this other than seek judicial review or embark on a private prosecution. We can only hope that justice is finally given to Ian when the HSE cases are brought to court.

The real tragedy here is not only that we as a family have lost a husband, father, son and brother but that GMP have lost a young police officer who wanted to serve and to protect others and Ian has lost his life at the hands of colleagues and friends that he trusted and who let him down so badly.

Osborne 'considering relaxation of employment protection laws'

The Chancellor of the Exchequer is reported to be considering a relaxation of employment protection legislation in order to stimulate business growth.

The Independent suggests that Mr Osborne and the recently appointed business minister Norman Lamb are to issue a "call for evidence" on a version of last year's Beecroft report, which will offer relaxed rules to employers with fewer than 10 employees.

Conservative MPs want Osborne to include a growth package in his Budget on 21 March.

Government backs single EU patent court

Lady Wilcox, minister at the Department for Business, Innovation and Skills said this week that the �disunited states of Europe� are falling behind in the race to develop and protect innovative technology, and that a single patent law administered by a single court is the best way to resolve the issue.

She pointed out that the US and China each has one patent court, and said Europe needs to allow everyone concerned in business to �sing from the same hymn sheet�, so as to reduce delay and uncertainty.

Judge concludes Pirate Bay and its users infringe copyright

The High Court of England and Wales has not granted a blocking order, such as exists with Newzbin, but has concluded The Pirate Bay and its users are infringing copyright.

The recent judgement by the European Court of Justice at first glance appears to be at odds with the decision in England and Wales, but in the case of The Pirate Bay it seems their stance is clear with regards to copyright.

The Hon Mr Justice Arnold says, �In the present case, the matters I have considered in relation to authorisation lead to the conclusion that the operators of TPB induce, incite or persuade its users to commit infringements of copyright, and that they and the users act pursuant to a common design to infringe.

It is also relevant in this regard that the operators profit from their activities. Thus they are jointly liable for the infringements committed by users.�

Social networks can't be forced to filter content, rules top EU court

The European Court of Justice has ruled that social network operators cannot be forced to filter out content such as copyrighted music.

The court said the owner of an online network cannot be obliged to install a general filtering system to prevent the unlawful use of work, and that preventative monitoring would require active observation of the files stored by users of the networks, leaving their personal data unprotected.

That decision is a blow for Sabam � a Belgian artists' and authors' rights group that had complained about the practices of social networking firm Netlog.

Sabam won a court order in 2007, forcing Belgian ISP Scarlet Extended to come up with a filtering system that blocked users from illegally downloading copyrighted material.

PlayStation� Network accounts to be renamed Sony Entertainment Network accounts

On February 8, 2012, "PlayStation�Network accounts" will be renamed "Sony Entertainment Network accounts" or "SEN accounts".

This change will take effect at the same time as upcoming PlayStation�3 and PlayStation�Vita* system software updates.

After you update the system software on your PS3� or PS Vita , you will notice that "PlayStation�Network accounts" have been renamed "Sony Entertainment Network accounts".

This change will not affect the naming of "PlayStation�Network accounts" when viewed on a PSP� (PlayStation�Portable) system.

*PlayStation�Vita will launch from 22nd February, 2012.

This account change is a change in name only. You do not have to do anything and your username and password will not change.

Sony Playstation thank you for your continued loyalty and support during this transition.

For FAQs and more detail on this change please visit http://faq.en.playstation.com/app/answers/detail/a_id/5612 or http://en.support.sonyentertainmentnetwork.com/

Court of Appeal rules fixed share partners are not employees

The Court of Appeal, upholding an Employment Appeal Tribunal (EAT) ruling, has decided that former Lester Aldridge partner Martin Tiffin's claim for unfair dismissal was not valid, because, as a member of the firm's limited liability partnership, he did not qualify as an employee.

Tiffin's counsel had claimed that his lack of involvement in management decisions and small profit share meant he was an employee, and was therefore entitled to compensation.

The EAT had upheld the decision of the Southampton Employment Tribunal in December 2009 that Tiffin had been a partner under the Partnership Act 1890 and not an employee under the Employment Rights Act 1996 when he was served a provisional dismissal notice in August 2008 and subsequently terminated from the firm.

Acas warns new tribunal rules will lead to more staff disputes

The head of Acas says companies may gamble on their employees' being unable to afford to bring a tribunal claim under the new rules, and may not attempt to resolve disputes when they first arise.

Andrew Wareing says that could send industrial relations into a decline in the UK.

Acas is preparing a formal submission to the Ministry of Justice's consultation on how much workers would have to pay to sue their employer.

Fresh Concerns Over DePuy Hip Replacements

Following on from the PIP scandal, new concerns are being raised over DePuy hip replacements.

DePuy replacements consist of metal on metal replacements which were recalled in 2010 due to their extremely high failure rates.

Previously concerns had been raised regarding the loosening of the implants and the risk of metal fragments working loose causing pain and mobility issues.

However, advisors to the Medicines and Healthcare products Regulatory Agency (MHRA) have decided the advice should go further due to concerns that the devices could cause �systemic toxicity� in the body.

Class actions have begun in the USA and claims are increasing in the UK.

Paula Bridge, Head of Clinical Negligence at national law firm Ralli comments:

�Any patients suffering abnormal pain or deteriorating hip function should immediately contact their surgeon and request an MRI scan or ultrasound to check for soft tissue reactions and loosening of components.

They should now also request tests to establish levels of cobalt and chromium in their blood. Increased levels of cobalt and chromium can be toxic to kidneys.

This is a worrying development coming so soon after the PIP publicity which once again calls into question the system of regulation of medical devices.

All patients who have had this device fitted whether they have experienced problems or not should have been recalled for advice.�

Legal action is ongoing in the UK.

If patients have any concerns they should contact Paula Bridge immediately on 0161 832 6131 or paula.bridge@ralli.co.uk who will be happy to advise further.

Anti-piracy code of practice for search engines proposed by rights holder representatives

Groups representing rights holders have a proposed a voluntary code of conduct for internet search engines operating in the UK.

Under the code, drafted by the British Recorded Music Industry, Motion Pictures Association, Producers Alliance for Cinema and Television, The Premier League and the Publishers Association, search engines could stop publishing links to websites that are deemed to be substantial infringers of copyright.

If it were adopted the code would also require search engines to relegate sites in their rankings for repeatedly making available pirated content, and to boost links to �licensed� sites under a new �certification� scheme.

The proposals have been described as "dangerous" by digital freedoms campaigners the Open Rights Group.

Working not a precondition to right to paid holiday, court rules

The European Court of Justice says a worker's right to paid holiday cannot be subject to a minimum period of actual work during the reference period used to calculate entitlement.

The court was ruling in the case of a woman who was off work for over a year as a result of a car crash, and whose employer refused to compensate her for the 22.5 days' holiday she would have had if she had been working.

The employer said French law makes entitlement to paid annual leave conditional on working a minimum of ten days during the reference period.

The judges say that, while EU states may lay down conditions for the exercise and implementation of the right to paid annual leave in their domestic legislation, they are not entitled to make the existence of the right subject to preconditions.

Royal Mail faces wave of employment tribunals over delayed Christmas pay

Dozens of temporary sorting office workers say they have experienced serious delays and miscalculations in their pay over Christmas and the new year.

The problems appear to stem from failures in Royal Mail's new in-house recruitment agency, Angard Staffing Solutions, which struggled to cope with the 110,000 applications it received for 18,000 temporary Christmas jobs.

A Royal Mail spokesman says there have been payroll problems but that the "vast majority" of its temporary workers had been paid correctly and on time.

Costa Concordia tragedy

Amanda Hatton - Personal Injury Associate

My thoughts are with everyone affected by this tragedy.

I am saddened to hear of the many fatalities and my heart goes out to those families still awaiting news of their loved ones.

Whilst it is too early to know why the ship ran aground, it is clear that a full investigation will have to take place and questions will need to be answered by the Italian authorities.

We need to understand whether this was down to human error or mechanical failures. At the moment there is a lot of speculation and conflicting reports in the press. Once the initially shock wears off, people are going to feel anger that this has happen and wanted to know exactly what went wrong.

The injured survivors are likely to need substantial medical and professional help to recover from their ordeal. Survivors are likely to have long-lasting emotional scars as well as their physical injuries.

I would urge anyone injured or with family members injured in the incident to speak to our specialist solicitors as soon as possible. It is important to contact our solicitors who have specialist knowledge of this area, the law and the specials rules and regulations which apply to accidents on-board ships.

Time is up for temporary staff, say third of bosses

Research suggests that a third of employers will sack temporary workers to avoid having to pay them at the same level as permanent staff, as will be required under a new agency worker directive.

A survey of 42 recruitment agencies by the Association of Professional Staffing Companies shows that 29 per cent intend to terminate short-term contracts before the workers' qualifying period is up, at the 12-week point.

It has been calculated that a typical small business will have to pay an extra �2,493 a year to comply with the new rules. Public sector employers, meanwhile, will have to pay an additional �259 million a year, but the Treasury expects to generate up to �332 million in taxes paid by workers earning more.

PIP Breast Implant Update: Dissolved Businesses

In recent weeks I have spoken to women who are not sure if their implants are PIP or another brand.

If the original clinic has closed down then I would recommend those concerned to go to their GP and ask for a scan.

This will enable medical experts to advise whether the implants pose an immediate risk. It is important to remember that advice from the Department of Health has remained consistent that the immediate removal of implants is not necessary.

Of course those concerned need to be sure they have PIP implants and if in doubt they need to try and find their original records. Again this is something we can assist with as many surgeons have kept records of previous operations even though they no longer work for the same clinic.

If the scan shows an implant has ruptured then further action needs to be taken.

If the client cannot return to the original clinic for removal then they will need to consider a referral to the NHS. There is still some confusion as to whether the NHS will deal with patients who have had surgery for non reconstructive reasons.

For those who did have the surgery for reconstructive reasons the Government has helpfully now clarified the position.

Referrals can be made via your GP for medical reasons and I would urge those concerned to work closely with their GP in this regard. The problem occurs when the client wishes to have replacements.

If the clinic is no longer available or not one which has agreed to fund removal and replacement, the current position is the client will have to fund the replacement privately.

Nuffield Health have said that they will assist their patients with regards to removal but again questions remain over replacement. The Chairman of The Harley Medical Group said yesterday that replacement was simply not a viable economic option for them to consider.

We are advising clients in this position to see what other options they have. We are tracing insurers of those clinics which have closed down and considering options against the surgeons.

Cosmetic surgery is a service and the implants that are used in any procedure have to be fit for the purpose, be of a reasonable standard of quality and above all, be safe.

This is a developing area and hopefully with the gathering momentum, a solution will become available. It is also important to ensure regulation is increased within the cosmetic surgery industry to ensure this type of situation does not arise in the future.

PIP Breast Implants Guidance

We have had several enquiries from ladies worried over these stories which have been circulating since early 2010.

Our guidance is to return to your breast implant surgeon if you are concerned to find out whether your implants are PIP (Poly Implant Prothese) implants. It is important to have them regularly checked.

We have taken instructions from Patients where the implants have ruptured and they have had no option but to have them removed. Some have been able to have further replacements but many simply cannot afford to pay a second set of fees for the surgery.

The difficulty in pursuing the French company PIP, which exported its products to 66 countries is that they have gone into liquidation which has meant they are not in a position to satisfy judgements obtained against them for supplying defective implants.

Therefore we need to look at other avenues and consider pursuing the clinics or indeed the surgeons where these procedures took place.

If you have any concerns and wish to obtain further advice please contact me today on 0161 615 0699 or email enquiries@ralli.co.uk

Ralli successfully defends clients accused of downloading copyrighted material

Ralli has successfully conducted another case in the London Patents County Court involving downloading copyrighted material from the internet with the claimant abandoning its claim and having to pay costs.

Ralli has previously successfully defended a number of individuals in the precedent cases relating to copyright infringement over peer to peer networks.

Michael Forrester, Associate in the Intellectual Property and Information Technology team commented:

"We advised from an early stage that our client had good prospects of defending the claim. Our client had protested her innocence from the start and the final outcome shows the strength of her defence.

Like previous matters of this nature, the present case involved complex legal and technical principles. These are extremely difficult for a lay person to understand and can lead to an innocent person being pursued.

If individuals are faced with matters of this nature, they are urged to contact us at an early stage."

Ralli were able to act for the Defendant in this matter on a no win, no fee basis. If you are involved in a similar claim, contact harassment@ralli.co.uk for a free assessment of your case.

Ryan Giggs - Imogen was not blackmailing him.

It has been reported that Imogen Thomas did not try to blackmail Ryan Giggs.

Michael Forrester, Associate at Ralli commented :-

"It will be interesting to see the effect of this matter on similar applications in the future.

Given the furore surrounding this injunction and the widespread political and social commentary generated by this case, such applications may be treated differently in the future.

Also, the effect of social media on this matter cannot be underestimated. It is an exciting time for those involved in this area to see how the law can keep apace with technology � as highlighted by this case."

JCI Manchester To Kick Off 2012 With Charity Football Tournament

Businesses from across Manchester are to take part in a charity football tournament with all profits going to the Royal Manchester Children's Hospital.

The event, hosted by JCI Manchester will take place on Tuesday 24th January from 5:30pm at the Lucozade Powerleague Central (Ardwick, The Pits).

Yorkshire Bank, Ralli, CBG, theEword, JMW, Shaping Cloud and Mundo Football are amongst the businesses who have all signed up for the challenge.

Earlier this year members of JCI Manchester, the personal development organisation for young professionals and entrepreneurs, completed the national 3 Peaks Challenge raising over �6,000 for the Royal Manchester Children's Hospital.

Teams cost �200 and can be entered by emailing robert.illidge@ralli.co.uk