Private conversations and standards of propriety: DPP v Cobban – Journal of Media Law

Posted January 17th, 2025 in news by sally

‘This comment considers the decision of the Divisional Court in DPP v Cobban, looking at the application of s 127 of the Communications Act 2003 and the compatibility with Articles 8 and 10 of the ECHR. The comment argues that the decision is significant in imposing a criminal restriction to uphold standards of propriety in relation to a closed conversation between consenting adults. The comment also questions whether the reach of the decision can be limited to a context that involves police officers. The decision points to the limited protection of expression rights and highlights the ongoing problems of s 127 in applying a standard of gross offence in a speech crime.’

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Journal of Media Law, 10th January 2025

Source: www.tandfonline.com

Teenager in neo-Nazi satanist group jailed for encouraging suicide online – The Independent

Posted January 17th, 2025 in news by sally

‘A 19-year-old who was part of a neo-Nazi satanist group has been jailed for six years for encouraging girls to die by suicide and self-harm, as well as possession of a document for terrorist purposes.’

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The Independent, 16th January 2025

Source: www.independent.co.uk

Privacy law and the dead – a reappraisal – Journal of Media Law

Posted January 17th, 2025 in news by sally

‘Privacy is regarded as a fundamental right that is protected in multiple and varying ways. This cannot be said for privacy of the dead. This article considers the importance of post-mortem privacy and reviews the law of privacy and post-mortem privacy in England and Wales including under the ECHR. It also considers medical confidentiality and whether common arguments that pertain to the dead (e.g. organ donation, burial, testamentary dispositions and posthumous copyright) lend support to post-mortem privacy arguments. This article introduces the concept of post-mortem privacy as envisioned by Harbinja and Edwards, and discusses whether the dead can be legal rights holders with a focus on the Interest Theory of rights. This allows for the discussion of post-mortem theories and harm. It concludes by supplementing Donnelly and McDonagh’s theories on ante-mortem anxiety and Davey’s theory on chilling effects with the jurisprudence of the ECHR to create a new legal right.’

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Journal of Media Law, 6th January 2025

Source: www.tandfonline.com

Ryan Wellings jailed after partner Kiena Dawes took her own life – The Guardian

Posted January 17th, 2025 in news by sally

‘A violent and controlling “monster” who subjected his late partner, Kiena Dawes, to repeated assaults, bullying and belittling has been jailed for six and a half years.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

Woman with ‘distorted notion of revenge’ sentenced for stabbing transgender woman – The Guardian

Posted January 17th, 2025 in news by sally

‘A woman who carried out a transphobic stabbing attack motivated by a “distorted notion of revenge” has been sentenced to more than eight years in youth detention.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

Kiena Dawes: The complex question at case’s heart – BBC News

Posted January 17th, 2025 in news by sally

‘At the heart of the trial had been a complex legal question – can an abuser be held criminally responsible for the death of a victim who has taken their own life?’

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BBC News, 17th January 2025

Source: www.bbc.co.uk

Judiciary to produce new strategy to tackle underrepresentation of black judges in 2025 – Local Government Lawyer

Posted January 17th, 2025 in news by sally

‘Tackling the underrepresentation of black judges and improving accommodations for disabled judges will be the main areas of work on judicial diversity for 2025.’

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Local Government Lawyer, 16th January 2025

Source: www.localgovernmentlawyer.co.uk

Sara Sharif’s killers in sentence appeal bid – BBC News

Posted January 17th, 2025 in news by sally

‘The father and stepmother of 10-year-old Sara Sharif are seeking permission to appeal against their sentences for her murder.’

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BBC News, 16th January 2025

Source: www.bbc.co.uk

Stronger age checks to come into force for online pornography sites in UK – The Guardian

Posted January 17th, 2025 in news by sally

‘Users accessing online pornography in the UK could soon be required to have their face scanned, under measures announced by Ofcom to stop children seeing the material.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

High Court rules disability benefit reforms plan as unlawful – but Labour remains committed to cuts – The Independent

Posted January 17th, 2025 in news by sally

‘The Department for Work and Pensions (DWP) consultation into plans to cut billions in disability benefits has been ruled unlawful by the High Court for being “unfair and misleading”.’

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The Independent, 17th January 2025

Source: www.independent.co.uk

Incapacity benefit cuts consultation was ‘misleading’ and unlawful, judge rules – The Guardian

Posted January 17th, 2025 in news by sally

‘Labour’s plan to push through £3bn of cuts to incapacity benefits has received a setback after a judge ruled an official consultation setting out the proposals was misleading and unlawful.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

A brave girl stood up to her friend’s violent ex. Minutes later she was murdered in front of horrified friends – The Independent

Posted January 17th, 2025 in news by sally

‘An aspiring human rights lawyer, Elianne Andam was described as an ‘amazing, beautiful girl’ by her friends and family before her tragic killing in Croydon, south London.’

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The Independent, 16th January 2025

Source: www.independent.co.uk

Key provisions of Higher Education (Freedom of Speech) Act to be brought into force, but “burdensome” provisions scrapped, Education Secretary vows – Local Government Lawyer

Posted January 17th, 2025 in news by sally

‘The Education Secretary, Bridget Phillipson, has promised that key provisions of the Higher Education (Freedom of Speech) Act 2023 will be brought into force, whilst “burdensome” provisions will be scrapped.’

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Local Government Lawyer, 16th January 2025

Source: www.localgovernmentlawyer.co.uk

The killing of Fiona Holm: why was the life and death of this much-loved mother so overlooked? – The Guardian

Posted January 16th, 2025 in domestic violence, missing persons, murder, news by sally

‘More than 170,000 people go missing in the UK each year – and Holm was one of them. She was adored by her family, who say she was let down again and again by the state, the police and the media.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

Over-zealous barristers employing “ethically questionable” tactics – Legal Futures

Posted January 16th, 2025 in barristers, news, professional conduct, standards by sally

‘Barristers may “sometimes allow their zeal to advance a client’s interests to embrace tactics which are ethically questionable”, the Bar Standards Board (BSB) said yesterday.’

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Legal Futures, 16th January 2025

Source: www.legalfutures.co.uk

Government to appeal river pollution ruling – Local Government Lawyer

Posted January 16th, 2025 in appeals, fisheries, news, pollution, water by sally

‘Environment Secretary Steve Reed has appealed against a judicial review decision reached last year when Pickering Fishery Association successfully argued that the Environment Agency had failed in its legal duties to protect a former trout stream damaged by sewage pollution and runoff from fish farms.’

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Local Government Lawyer, 15th January 2025

Source: www.localgovernmentlawyer.co.uk

UK copyright reform ‘could expose AI developers to mass claims’ – OUT-LAW.com

Posted January 16th, 2025 in artificial intelligence, class actions, copyright, disclosure, news by sally

‘Plans to force AI developers to disclose what content they use to train their AI models could support a new wave of mass claims litigation by content creators, an expert in intellectual property law has said.’

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OUT-LAW.com, 15th January 2025

Source: www.pinsentmasons.com

Andrew Malkinson says miscarriage of justice watchdog should be ‘dissolved’ – The Guardian

Posted January 16th, 2025 in Criminal Cases Review Commission, miscarriage of justice, news, rape by sally

‘Andrew Malkinson has said the miscarriage of justice watchdog needs to be “completely dissolved” as it has become “infected with a culture of denial”.’

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The Guardian, 15th January 2025

Source: www.theguardian.com

A review on causation in the Coroner’s Court – St John’s Chambers

Posted January 16th, 2025 in causation, chambers articles, coroners, inquests, news by sally

‘At the recent inquest touching the death of Steve Dymond, HM Area Coroner Jason Pegg concluded there was no clear and reliable causal connection between Mr Dymond’s unfortunate death and his recent appearance on the ITV Jeremy Kyle Show. It was concluded that whilst “possible” the experience added to his distress it was not “probable”, reiterating the often-nuanced complexities of causation in the Coroner’s court.’

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St John's Chambers, 2nd December 2024

Source: www.stjohnschambers.co.uk

The Court of Protection and deprivation of liberty of those under 18 – Mental Capacity Law and Policy

‘The President of the Family Division has set out public-facing Practice Guidance (January 2025) for cases transitioning from the National DOL List (“NDL”) to the Court of Protection. The Practice Guidance is based on the internal guidance used by judiciary and court staff with respect to such cases, which was referred to in the October 2023 NDL national listing protocol guidance.’

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Mental Capacity Law and Policy, 13th January 2025

Source: www.mentalcapacitylawandpolicy.org.uk