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Summer 2012 English Law

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Summer 2012 English Law Committee USLS now has a website! www.sotonlawsoc.co.uk USLS Committee A list of the incoming committee members and a précis of each of their roles. President Lindsey Banthorpe- The face and main external representative of the Society. Responsible for co- ordinating sponsorship and formulating a strategy for the Society. Vice President Quoc Tran - The Society’s second-in-command. Responsible for running things when the President is busy and/or otherwise unavailable. Treasurer Reshma Shah - Responsible for keeping track of, and allocating, the Society’s funds. Secretary Elin Thomas - Acts in a supporting role for the Society, with her main task being the minuting of committee meetings. Social Secretaries Shannon Cross & Imran Iqbal - In charge of arranging social events, including the winter and spring balls, for law students and their guests. Academic Events Coordinator Alex Lombos - Organises and publicises law and non law academic events. Sports Representative Chiara Howfield - Coordinates the Society’s sporting activities, among them net- ball, football, cricket and rugby. Magazine Editors Alexandra Coles & Tasha Letchford- The editors decide on and source content for the magazine, design the magazine and edit submissions, as well as writing some articles themselves. They also seek further advertising in order to help fund printing. IT OfficerTo Be Appointed - Responsible for the upkeep and updating of the Society’s website and the or- chestration of its other web activities. 2 Contents News 4 Your Update Keeping you up-to-date on the major changes in Welcome Summer 2012 English law. News in Brief A lighter look at legal news. David Wormley 5 YouTube Told to Monitor Uploads in Germany Social media copyright issues continue. & Charlotte Allery 6 College of Law Bought Out in £200m Private Editors Equity Deal Top legal education provider goes private. Dear Readers, This academic year has seen Careers the beginning of the Univer- 8 Trainee Profile: Keir Pimblett elcome back to Le- sity of Southampton’s In- nocence Project. Our writer 9 Lawyer Profile: Naomi Nettleton Wgal Matters! We are pleased to bring to you discusses the work it has some great pieces from our conducted and the chal- Features very own students. An on- lenges it has faced along the line version can be found at way. We are also pleased to 10 A Small Overview of Mergers & Acquisitions include a profile of a South- M&A in a nutshell. legalmattersmag.wordpress. com. ampton alumnus and current 11 COVER STORY: The Future of the Burges Salmon trainee, in Marine Industry This year’s second, and addition to an interview with Challenges and opportunities for the shipping sector. slightly lighter, edition con- an associate at Freshfields. 12 Why Law Is Not Always the Answer tains articles focusing upon A closer look at alternative career options. key contemporary legal top- We would like to thank all of our writers and sponsors for ics, with a fantastic cover sto- 14 Three Years in Southampton their contributions. Reminiscing on a law degree. ry exploring the future of the shipping industry and the cur- This year also sees us grad- rent pressures facing those uating, so please join us in Pro bono and USLS working in marine law and welcoming our new editors, 15 USLS Visits the European Parliament marine trade. With the con- Alex and Natasha. Twenty students go to Brussels. troversial removal of the mini- mum trainee salary, we also We hope you enjoy reading An Update on the University of the magazine and that you Southampton’s Innocence Project discuss the changing outlook At the end of its first year, scheme is going strong. for those wanting to enter the have enjoyed our past edi- legal services industry. tions. Best wishes for the coming year! Credits Edited by: David Wormley, Char- lotte Allery, Alex Coles & Tasha Do you want to write for Letchford Design: David Wormley and Char- the next edition of Legal lotte Allery Photographs: Cover photograph Matters? by Bob Goyetche, used under Attri- bution-NonCommercial-ShareAlike Email [email protected] 2.0 Website: David Wormley and and let us know. Charlotte Allery Many thanks to all of our contributors. 3 News An update on the major changes in the law of England & Wales since the last issue, brought Your Update to you by Charlotte Allery. Family Law compensation. The designer has peatedly refused to grant prisoners New legislation introduced to outlaw forced also accused Yves Saint Laurent of greater rights, and it is expected that marriages in the UK. copying the red soles, and is cur- this instance will be no exception, rently in the process of appealing a though to defy this order may result he Prime Minister has confirmed similar case, the verdict of which we in fines totalling millions of pounds. Tthat forced marriages are to await. However, it has been accepted by be outlawed and criminalised, with the Court that national ministers new legislation being introduced Healthcare Law may determine and justify which in 2013/14. David Cameron has A new, independent, tribunal service is being inmates should be excluded, while expressed that it is ‘little more than introduced to assess doctors’ fitness to a blanket ban is deemed dispropor- slavery’ and ‘will not be tolerated.’ practise. tionate. It is estimated that nearly 8,000 women are forced into marriage he General Medical Council Employment Law each year, and Scotland has already T(GMC) has launched a new Facebook comments made at home ruled a made such practices illegal. The tribunal service for doctors: the valid reason for dismissal. decision has received much praise, independent Medical Practitioner’s although some opponents fear the Tribunal Service (MPTS). This tribunal in Northern Ireland, in plans may deter the victims from sweeping shake-up comes after the case of Teggart v Tele Tech A coming forward. The maximum suggestions that the GMC should be UK NIIT 00704/11, has ruled that sentence for the offence is yet to be further separated from the adju- an employee was fairly dismissed determined. dication of cases. The MPTS will for making offensive remarks about conduct all fitness-to-practice cases a colleague on Facebook, even Intellectual Property Law relating to registered doctors, with though the comments were writ- Footwear designer defeated in effort to the power to remove or suspend ten at home. The employee was protect signature red sole. a doctor from the register in the dismissed for gross misconduct for interests of protecting patients. This harassing the female colleague; he ashion retailer Zara has won could see the service handling up to then claimed that this was a viola- Fa landmark case in the French 340 hearings per year. The GMC will tion of his human rights, in particular Cour de Cassation against shoe continue its role of investigator and freedom of thought and freedom of designer Christian Louboutin, prosecutor, but the introduction of expression. The tribunal rejected regarding the latter’s famous red the new service is seen to indicate this argument and held that the soles. Louboutin claimed that Zara to the public greater impartiality and comments were equivalent to har- had infringed the trademark placed transparency in such hearings. assment under the employer’s spe- upon these soles, suing them for cific ‘Dignity At Work’ policy, and the their use on similar, open-toed, red- Human Rights Law fact that the comments were made soled shoes. Zara claimed that there UK government given 6 months to remove at home and not to the individual could be no proven risk of confu- the blanket ban on inmate voting. was immaterial to this conclusion. sion between the footwear, and the This case adds to the growing body Court ultimately agreed. An earlier he European Court of Human of case law relating to employees’ court had ruled that Louboutin’s TRights has given Britain six use of social media, and highlights trademark was too vague, and had months to draft new laws regarding to employers the need to have suggested that a Pantone colour ref- its blanket ban on prisoners having extensive and clear social media erence should be included. Although voting rights. Arising from the Italian policies in place, to ensure clarity this was eventually done, the Cour case of prisoner Franco Scoppola, when it comes to such cases. de Cassation upheld the decision the Court ruled that such a ban is and ordered Louboutin to pay Zara illegal. The UK Government has re- US law firm Merger mad- BPP offers train- SRA has voted After losing News Dewey & LeB- ness continues ing contract, to scrap the French elec- oeuf recently in Oz as Her- but walked into minimum train- tions, Sarkozy entered admin- bert Smith and PR problems by ee salary, giving returns to the In istration. Dewey Freehills moot a excluding some new meaning exciting world of of their own stu- & LePOOF! It’s merger. dents with a 2:1 to the phrase property & con- Brief gone! requirement. ‘Tesco Law’. struction law. 4 News YouTube told to monitor uploads in Germany Issues of copyright online continue to be debated Rachel Ho looks at the recent decision of all videos uploaded to the site.” scapes. There could be an instance against YouTube in Germany. This case is another example of the where sites are relegated to a similar increasing strain between new tech- fate as Napster ouTube and other social me- nology and intellectual property law. was in the early 2000s. Alternatively, Ydia outlets may be facing some as users become more mindful of major changes in the years to come, Earlier this year, Pinterest updated the liability attached with using cer- thanks to a German court ruling in its terms and conditions in response tain sites, these companies may see April.
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