Monday 9 December 2013

UK Royal Marine Sentenced to Life Imprisonment for Murdering Insurgent


The death of a wounded Taliban insurgent at the hands of a UK Royal Marine sergeant during his overseas deployment had left the Marine with life imprisonment for his crime. Evidence against Seargeant Alexander Blackman was a video that showed him and four other marines debating whether to give the Taliban fighter medical care. Blackman was seen shooting the Taliban fighter.
Blackman’s identity was protected by privacy until the Court Martial Appeal Court lifted the anonymity order. According to Judge Advocate General Blackett said that war and the battlefield may not be the places for peace and humanitarian activities, but if the British Armed Forces do not comply with humanitarian law and the laws of armed conflict, they are on the same level as their enemies.

Alexander Blackman is the first individual to be convicted of a murder during overseas deployment since World War II. Blackman is eligible for parole after serving a minimum of 10 years imprisonment.

In the battlefield, government soldiers are expected to act under the jurisdiction of the rules of engagement.
This means to disarm or disable at all costs their enemy, but mercy and tolerance be shown during engagement. Mercy killings, executions and looting breaks the rules of engagement in the battlefield. 


Source

Sunday 10 November 2013

British Marine Charged with Murder During Military Skirmish


Legal experts are discussing the legal and moral issues behind the infamous verdict against an unnamed British marine who was convicted for murdering a Taliban fighter in Helmand in September 2011. This is the first UK case involving a serviceman convicted of murder in action.


Experts said that the convict was wrongly placed given that it did not happen in a civil situation, such as a homicide or anywhere a violent conflict cannot rise at any moment. They also said government-sanctioned killing covered the person killed by the marine because the Taliban is identified as the enemy.

Legal experts against the decision said that it was unfair to give such a verdict to the British marine given that everyone can react in the same manner as he did. Exhilaration and other psychological factors will affect the decision of any man in the battlefield, even if battle-hardened or not.

The British marine had an injured Jihadi along with two other soldiers. With cameras fixed on observation balloons, the three men pretend to give medical care to the Jihadi, then executed the man with a shot to the chest. The marine was aware of what he has done breaking the Geneva Convention to spare soldiers unable to fight, but it is highly possible that the shot to the chest was an act of mercy

Because of the “right to life” law, which also covers military action, the marine is given the sentence of murder. The right to life law discusses the importance of treating combatants with equal respect.
Experts said that with all the legalities coming into the British military, it is highly possible that legal paranoia and paralysis will make it less sufficient.

Wednesday 2 October 2013

Why You’ll Need Help from a No Win No Fee Claims Expert


Insurance companies are gaining government favour and the government is criticising the UK’s compensation culture. These particular mindsets and criticism lay the ground for stricter rules in terms of claiming compensation. You will need help from a claims expert.


Claims experts have spent years in handling injury claims similar to yours. The advantage of working with them is that they have a “peg” case that they could use to resolve your claim. For example, if you had a car accident claim, they could find a car accident claim that was previously accomplished and give you a good estimate of the compensation you could get.

Their familiarity with laws in different risky industries make them an important asset. Surely, you could not state a section of law made by the legislation to justify that you have the right to claim compensation for a disease you contracted working at an employer’s assignment. Only a claims expert can.

Claims experts also ensure that you get a fair amount of compensation for any possible extraneous damages you might have. If you were emotionally and psychologically damaged during the ordeal, you could file a compensation claim for such.

All of these services from most claims experts are given under a no win no fee compensation claims agreement. Most claims companies also provide free counselling for prospective customers as well.

Wednesday 11 September 2013

The Law Regarding “Cold Calls”


Telemarketing and “cold calling” could be irritating, but sometimes, they open up new opportunities for you and the company that’s calling you. Cold calls are definitely nuisances if the callers reach you during the most inconvenient times of the day, including while you are sleeping or at the after-hours of your work. Here are the rights you have against cold calling companies.


1.    8 to 9
Cold callers could only call you at home from 8am to 9pm. If they go out of bounds, you could file a legal challenge for nuisance. However, if you are already working with the company calling you as a customer or benefactor, calls out of these hours are not considered nuisances, not unless they have a nature that gives them such.

2.    Identification
Cold callers must tell you who they are and why they are calling you. They must identify themselves properly  and give you information about their company’s address, telephone number and the purpose of their call.

3.    Restricted List
All companies who use telemarketing or cold calls are required to have a “do not call” list. If you opt to be put in this list, the company must oblige to do so, or you could complain to the company’s regulators or legally challenge them.

4.    Truth
Cold callers must tell you the truth and if they lie about their services or certain aspects of the product or investment products they are giving you, you could legally challenge them.

Thursday 8 August 2013

Beyond Being Offensive: The Social Media Rights Guide


In the UK, the government have arrested several individuals who had posted statements that “go beyond the threshold of expression” against individuals or beliefs. While many cried foul against the arrests, prosecutors and the government explain that everyone has a right to express themselves online and be obscene with their expressions, but there is a boundary line as indicated by the following parameters.



1.    Distinction
Given the obscene and uncensored communications found online in forums, discussion boards and social media, the UK’s guidelines of distinction must show that the statement targets the harassment of an individual, is a credible threat of violence,  breaches court orders regarding confidential statements in all formats of Internet media.

2.    Stalking and Harassment
Any evidence or statements that imply stalking on part of a potential suspect, including hacking and manipulation of personal social media accounts is a social media and Internet criminal offense. Harassment in the form of rallying communities against certain individuals, groups, organisations or companies are also considered an offense.

3.    Freedom of Expression and Criminal Law
Offensive posts, whether they are shocking, rude, satirical, iconoclastic, an unpopular discussion of delicate topics, are subject to public scrutiny and if the public deems it to be an offensive case, the government could arrest the individual, group, organisation or company who posted such media. However, if such entities showed remorse upon posting the statement, criminal charges from the authorities are less likely.

Tuesday 16 July 2013

Discussing the Protection of Children Act 1999


The Protection of Children Act 1999 aims to identify people who could work in child care services. Not everyone is professionally-suited to work with children but this law sorts out all the legalities, including the histories of candidates to ensure the safety of children with professionals intended to give childcare.


The Protection of Children Act 1999 checks the criminal records of the candidates through cross referencing the lists of the Department of Health, Department of Education and Employment and the National Criminal Records Bureau.

All child care organisations, which include social services, health care services, schools and other educational facilities that will supervise children below 18 years are bound by this law. They have a responsibility to check and report to authorities. The law also regulates registered child minders.

Voluntary groups, military forces and other organisations may also be bound by the law as well, but they do not have a mandatory duty to check and report to the authorities.

Anybody in a ‘child care position’ is enabled to have regular contact and interaction with the child during their work. Employment in child care positions are considered when the professional is paid, unpaid or under contract to employers.

The Protection of Children Act 1999 bans professionals who were dismissed for misconduct for directly or indirectly harming a child during their course of employment. If the individual retired when the organisation decide to dismiss him or her, they are also banned for child care positions.

Sunday 23 June 2013

Gaining Complete PPI Compensation From a PPI Claim


PPI or payment protection insurance makes up about 92% of the Financial Ombudsman’s workload and is the biggest financial scandal in the United Kingdom to date. PPI is designed to repay your loans, mortgages and credit cards in case you get sick or get into an accident, but because of the unfair sales tactics of banks and lenders, many people were mis sold the insurance policy. Here are a few steps to regain your complete compensation from a PPI complaint.


1.    Determine if You Have PPI
Call your bank or lender and ask if you have any form of insurance with your current financing. Determine if it is payment protection insurance; any kind of PPI will repay your loan. It might be called mortgage payment protection, credit protection or accident, sickness and unemployment (ASU) insurance.

2.    Mis Selling
Recall how your bank or lender sold you the insurance policy. If they stopped you from processing your loan requirements if you did not get the PPI, you can consider it as a mis sold PPI. Insurance policies cannot be requirements because of their exceptions.

3.    Making a Call or Sending a Letter
Make a call or send a letter to your bank regarding your PPIclaim and how you believe you are mis sold the insurance policy. Include in your complaint how the bank or lender’s representative mis sold the insurance policy. Bank call centres could only process your claim if your reason is valid and if you are truly ineligible for the insurance policy.

4.    PPI Claims Company
A reputable PPI claim company could help you in case the bank rejects your claim and you do not have time to process the claim with the Financial Ombudsman. PPI claims companies work on a no win no fee basis making them virtually risk-free.

Sunday 12 May 2013

Copyright Myths in the United Kingdom


As innovators, inventors and musicians wish to copyright their work to prevent others from stealing it, they cannot protect its every aspect completely. Here are some myths existing in the United Kingdom’s copyright service.

1.     Ideas
A copyright only applies to a recorded work, but not to an idea. Inventions usually have patents. The actual recorded work, which includes documents, music, music sheets, artwork and other data, if copied by a competitor, the copyright services consider as a copyright infringement. There is no way you could prevent others from developing on the similar idea you have.
2.     Names and Titles
Copyrights do not apply to names and titles that are very common or easily duplicated. Two works might have the same title as long as none of them copied or adapted from each other. There is still protection on the name if it is a trademark or if it could mislead or confuse the public. The protection is solely reliant on the connotation of the name in society.
3.     Poor Man’s Copyright
The poor man’s copyright, which is posting a copy of your work to yourself, actually will not protect your work because it will be very easy to fake the documentations by changing the date of your materials. Even if you send your work to yourself for a record in the postal service, the materials can be swapped inside the packages, or unless proven otherwise.


Wednesday 8 May 2013

Medical Negligence Guide: What You Need To Do


Medical negligence can be very painful as these are injuries sustained in the internal delicate parts of your body. You could gain much compensation from filing medical negligence as my brother in law did. Here’s a few things that he did that I’d like to share here in my blog.


1.     Validate Your Medical Professional’s Name and Hospital
Medical negligence cases involve a medical professional and a hospital that permitted the even to happen. In my cousin’s case, he had his brother verify the medical professional’s name and the hospital the medical professional worked in. It is important to have these recorded in writing or by consultation.

2.     Verify the Existence of Your Operation
Sometimes, medical professionals and hospitals try to cover up facts by covering up the existence of a faulty operation. Be sure to verify the existence of your operation. Have a legal representative inquire about your name, your medical professional and when your operation took place.

3.     Have a Medical Professional In the Same Field Check You Up
A medical professional in the same field as the erroneous doctor could tell where and when in the operation did your medical professional fail, which led to your injuries. This is a crucial step and your medical certificate can verify the presence of your injuries to the court.

4.     Medical Board Examination
Your legal representative will present the case to a medical board, who will then evaluate your claim. With over high percentages of accidents happening in the NHS today, most medical boards ensure that fraud and other suspicious cases are left in the dust. If your case is genuine, my brother-in-law said, then your case is easily passable. If not, you might find a penalty for your claim.

Monday 6 May 2013

Defending Yourself From False Property and Asset Claims


The United Kingdom is well-known for its litigation culture and sometimes, claims made by certain legal professionals and individuals may only be to get a chunk of your actually legal assets that you’ve worked so hard to gain. Defending yourself from false property claims means knowing the following.



1.     Potential Suing
Your assets are obvious if you are a proprietor of a wealthy company. Your assets are easily reachable by anybody. To defend yourself from potential suing of other companies or certain individuals such as past employees, having a legal professional to ensure your insurance and to limit your liability is important.

2.     Services Rendered
Most legal professionals in this field provide services for the following.

a.     Insurance
An indemnity insurance offered by professionals can cover you from making negligent movements or faulty goods and services. However, this is a poor level of protection because it is unlikely the policy would cover a full range of potential claims. More comprehensive methods are needed.

b.    Liability
Legal professionals mostly advise their clients to separate their assets from the company’s assets. The incorporation of personal assets and company’s assets could be used against the proprietor only if the company is a façade for a fraudulent company. A limited liability partnership between a company ensures not all your assets could be touched.

c.     Wealth Segregation
Legal professionals may also advise you to separate the association between your assets. Having another person own the asset is an important part of protecting your assets. Transferring ownership of your personal wealth to your company is also a good way to segregate your wealth.

Thursday 2 May 2013

What to Do When a Child is at Risk of Partner Abuse


A child is vulnerable to abuse to anything, including physical, verbal or sexual abuse from the parent’s partner him or herself. You could get legal aid to help with such issues that can remove a father’s parental responsibility through the help of a legal solicitor. Child abuse could be proven in one of the following types of convictions.


1.     Criminal Conviction
If your partner has an already existing criminal conviction offence, it will count as effective evidence for legal aid.  Check to see if your ex-partner was given a police caution for child abuse, the court where the partner was sentenced and completing a criminal conviction template letter from both the Magistrate or the Crown court.

2.     Police Caution
A police caution for child abuse against your ex-partner in the last two years also counts as substantial evidence for legal aid. You will only need a written record of your caution. Complete a police caution template letter and have it sent to the Police Force’s Data Protection Officer for processing.

3.     Social Services
 If your child has a child protection plan from social services in the last two years that protects him or her from your ex-partner, you could use this as evidence. The social service’s assessment could serve as a good evidence for your legal aid application. Have a copy of the assessment plan, make sure that the person evaluated is your child  and the abuser as your ex-partner. Find a copy of a social services template letter and write to your local social services department.

Tuesday 16 April 2013

Creative Commons: How the Poor Man’s Copyright Can Protect Your Work

Laura Myers here. I’m an artist from Europe and I’m here to discuss certain laws that could protect any art or musical piece or composition you have. But before we get to the more specific topics, let’s have a look at the first copyright any person can own when posting his or her work in the Internet, the Creative Commons copyright.
Many bloggers today choose to have a Creative Commons License to encourage the sharing of their work to allow the entire world to have access to their content. CCs could provide apt protection. In the Internet any published work could only be used by agreement between the blogger and the webmaster who wishes to use the content. The law had never yet identified the responsibilities of a Webmaster and a blogger.
Creative commons is an actual license that would trump any implied license because it has a clear set of rules when someone uses your content. CCs allow you to have an express license attached to your content.
Creative commons are original lawyer-drafted licenses and could be used in various countries where they can survive the copyright industry. Creative common media licenses is also machine readable and could be identified by software for proper usage. The bottomline of CC licenses is that you give up some rights of your work to share it to the world or allow people to develop your work.
The only trouble most people have with Creative Commons, even me from the start, was that I never really understood it. I hope this article helped reduce the misconception of Creative Commons laws.