Month: October 2011
Lincolnshire PC’s flasher inquiry criticised by judge – BBC News
“Lincolnshire police will conduct ‘inquiries’ after a judge criticised a police officer for handling her own case when she fell victim to a flasher.”
BBC News, 10th October 2011
Source: www.bbc.co.uk
Pornography to be blocked by internet service providers unless users opt in – The Guardian
“Subscribers to four of the UK’s biggest internet service providers will have to ‘opt in’ if they want to view sexually explicit websites, as part of government-sponsored curbs on online pornography.”
The Guardian, 11th October 2011
Source: www.guardian.co.uk
Child cruelty couple get five years – The Independent
“A couple said to have swapped the identity of their dead baby daughter to her twin sister in a bid to cover injuries they inflicted have been jailed for five years.”
The Independent, 10th October 2011
Source: www.independent.co.uk
Nine men, a Lady and the Master – The Guardian
“Who will replace Lord Phillips when he retires as the Supreme Court’s president?”
The Guardian, 10th October 2011
Source: www.guardian.co.uk
Man fined £75 for brushing pet dog – Daily Telegraph
“A pensioner was fined £75 for brushing his pet dog and leaving fur on the ground in a public park.”
Daily Telegraph, 10th October 2011
Source: www.telegraph.co.uk
Ofcom to investigate ITV over ‘IRA’ video game footage – The Guardian
“Media regulator Ofcom has launched an investigation into how ITV mistakenly included video game footage in a documentary that supposedly showed the IRA shooting down a helicopter with weapons supplied by Muammar Gaddafi.”
The Guardian, 10th October 2011
Source: www.guardian.co.uk
ICO issues guidance on complaint files disclosure – OUT-LAW.com
“Organisations do not have to issue all the information stored in complaint files in order to comply with individuals’ personal data access requests, the UK’s data protection watchdog has said.”
OUT-LAW.com, 10th October 2011
Source: www.out-law.com
Employer must not rely blindly on medical advisers when deciding if an employee is eligible for ill-health benefits, ombudsman says – OUT-LAW.com
“An employer cannot rely ‘blindly’ on its medical advisers when deciding if an employee is eligible for an ill-health early retirement pension, the pensions watchdog has said.”
OUT-LAW.com, 10th October 2011
Source: www.out-law.com
Big Brother or crime fighting? DNA evidence under the microscope – UK Human Rights Blog
“A proposal to retain DNA samples taken from people who have been arrested but not charged with a crime for up to five years has come under criticism from the Joint Committee on Human Rights.”
UK Human Rights Blog, 10th October 2011
Source: www.ukhumanrightsblog.com
The conversation: Judging rights from wrong – The Guardian
“The Conservatives want to replace the Human Rights Act with a British version. Liberty director Shami Chakrabarti and Tory MP Dominic Raab go head to head.”
The Guardian, 7th October 2011
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Khan & Ors v R. [2011] EWCA Crim 2240 (07 October 2011)
Court of Appeal (Civil Division)
Berezovsky v Hine & Ors [2011] EWCA Civ 1089 (07 October 2011)
High Court (Queen’s Bench Division)
Adelson & Anor v Anderson & Anor [2011] EWHC 2497 (QB) (07 October 2011)
Charles Terence Estates Ltd v Cornwall Council & Anor [2011] EWHC 2542 (QB) (07 October 2011)
High Court (Chancery Division)
Quigley v Masterson [2011] EWHC 2529 (Ch) (07 October 2011)
Care Matters Partnership Ltd, Re [2011] EWHC 2543 (Ch) (07 October 2011)
High Court (Administrative Court)
High Court (Family Division)
FG v MBW [2011] EWHC 1729 (Fam) (07 October 2011)
High Court (Commercial Court)
JSC BTA Bank v Ablyazov & Ors [2011] EWHC 2545 (Comm) (07 October 2011)
Source: www.bailii.org
Self-incrimination and the fruit of the poisonous tree: the Cadder rule – UK Human Rights Blog
“Reliance on evidence that emerged from questioning a person without access to a lawyer did not invariably breach the right to a fair trial under Article 6. The principle established by Salduz v Turkey (36391/02) (2009) 49 EHRR 19 did not apply to questioning outside a police station.”
UK Human Rights Blog, 7th October 2011
Source: www.ukhumanrightsblog.com
Kenneth Clarke suffers setback over sentencing rules for magistrates – The Guardian
“Magistrates’ powers to sentence offenders to up to 12 months in prison are to be retained following a climbdown by the Ministry of Justice in the wake of the summer riots.”
The Guardian, 7th October 2011
Source: www.guardian.co.uk
Raunchy adverts slapped down under new rules – Daily Telegraph
“Provocative billboard adverts are to be banned amid growing fears over the sexualisation of children.”
Daily Telegraph, 8th October 2011
Source: www.telegraph.co.uk
Local authorities will not be breaking law by continuing academy PFI payments, QC says – OUT-LAW.com
“Continuing to make payments towards a school rebuilt through a project finance initiative (PFI) arrangement once that school has converted to academy status will not cause local authorities to break the law, an expert has told the Government.”
OUT-LAW.com, 7th October 2011
Source: www.out-law.com
BT and TalkTalk given last chance to challenge Digital Economy Act – The Guardian
“BT and TalkTalk have been granted permission to appeal against their failed legal challenge to the Digital Economy Act, which is central to the government’s attempts to curb illegal downloading.”
The Guardian, 7th October 2011
Source: www.guardian.co.uk
Northern Rock Applicants v Caldwell and another – WLR Daily
Northern Rock Applicants v Caldwell and another [2011] UKUT 408 (TCC); [2011] WLR (D) 289
“The statutory assumption in section 5(4)(a) of the Banking (Special Provisions) Act 2008 that all financial assistance provided by the Bank of England or the Treasury ‘has been withdrawn’ required the independent valuer to assume that the assistance had been terminated and repaid, following realisations of assets made just before the date of nationalisation.”
WLR Daily, 6th October 2011
Source: www.iclr.co.uk
Ambrose v Harris (Procurator Fiscal, Oban) ; HM Advocate v M; HM Advocate v G – WLR Daily
“In principle the line as to when access to legal advice had to be provided before a person suspected of a criminal offence was questioned by police should be drawn as from the moment when he had been taken into police custody, or his freedom of action had been significantly curtailed.”
WLR Daily, 6th October 2011
Source: www.iclr.co.uk
