Military at risk of paralysis from human rights cases, think-tank argues – The Guardian

Posted October 18th, 2013 in armed forces, human rights, news, reports, trials by tracey

“British military operations are at risk of being undermined by human rights law and health and safety red tape, a research institute has warned.”

Full story

The Guardian, 18th October 2013

Source: www.guardian.co.uk

Transsexual PC suing Essex Police after ‘being forced to out herself over radio’ – Daily Telegraph

Posted October 18th, 2013 in compensation, news, police by tracey

“PC Emma Chapman alleges that Essex Police did not do enough to help officers
understand transgender issues or investigate her claims properly, in what is
believed to be the first case of its kind. ”

Full story

Daily Telegraph, 18th October 2013

Source: www.telegraph.co.uk

Could new guidelines have stopped Savile? – BBC News

Posted October 17th, 2013 in crime prevention, Crown Prosecution Service, news, sexual offences, victims by sally

“The Crown Prosecution Service has published detailed guidance on how to handle sex abuse allegations. It comes down to is a simple shift in thinking that can make a profound difference: Trust, rather than doubt, what the victim is saying.”

Full story

BBC News, 17th October 2013

Source: www.bbc.co.uk

EVENT: UCL – The Year in Review – Unjust Enrichment / Land Law and Trusts

Posted October 17th, 2013 in Forthcoming events by sally

“The seminars will provide an authoritative and concise overview of the year’s most significant legal developments and will clearly set out their impact on the areas of law under discussion.

At each seminar, the two speakers will be Professor Charles Mitchell (an author of Goff and Jones: The Law of Unjust Enrichment and Underhill and Hayton: Law Relating to Trusts and Trustees) and Professor Ben McFarlane (an author of The Structure of Property Law and Land Law: Text, Cases and Materials).”

1.5 CPD hours

Date: Unjust Enrichment – 4th December 2013, 6.00-7.30pm

Land Law and Trusts – 11th December 2013, 6.00-7.30pm

Location: UCL Faculty of Laws – Graduate Wing, 1-2 Endsleigh Street, London WC1H 0EG

Charge: Single seminar: £100. Both seminars: £160.

More information can be found here.

David Mead: The Continuing Mystery of “Publicness” Within Section 6 of the HRA – UK Constitutional Law Group

Posted October 17th, 2013 in demonstrations, human rights, news, sport, trespass by sally

“Guessing that it was not on my usual diet of journals, a colleague recently suggested an article in The Conveyancer that might be of interest. Emma Lees had written an interesting piece ((2013) 77 Conv. 211) on protest occupations and actions for possession but one aspect unrelated to the main topic intrigued me more than any other. In Olympic Delivery Authority v Persons Unknown [2012] EWCA 1012 Ch, the ODA, established under s.3 of the London Olympic Games and Paralympic Games Act 2006, sought injunctions to restrain protesters from entering and/or occupying land that was being developed as part of the Olympic site. Mr Justice Arnold had held that he was required to balance the rights of the putative protesters under Articles 10 and 11 with the ODA’s rights to peaceful enjoyment of possessions under the 1st Protocol (at [24]). I’d skimmed the case last year when judgment was delivered but hadn’t really noticed the point that Emma Lees was making: that it was ‘somewhat surprising that [the ODA] is deemed capable also of possessing human rights’ (Lees, p.215) as it is acknowledged elsewhere in the judgment as a public authority (though Lees uses the term ‘public body’).”

Full story

UK Constitutional Law Group, 17th October 2013

Source: www.ukconstitutionallaw.org

EVENT: UCL CLP – Immigration Detention: The Grounds Beneath our Feet

Posted October 17th, 2013 in Forthcoming events by sally

“Both our common law constitution and human rights law treat liberty as a central value. Yet, immigration detention remains less constrained, both normatively and institutionally, than other forms of detention. International human rights bodies and courts, and indeed domestic courts, routinely review and indeed sometimes condemn detention of migrants. Yet, that jurisprudence has been subject to a convincing critique, for failing to properly scrutinise the necessity of immigration detention. Many scholars have thus pointed out the law’s anomalously indulgent approach to immigration detention, compared with other forms of deprivation of liberty. Yet, powerful as this critique is, it sometimes fails to address prior questions concerning the political purposes and legal grounds of detention. By examining these grounds and purposes, both legitimate and illegitimate, the lecture will aim to elucidate the manner in which immigration law produces reasons to detain, and thwarts any test of necessity from effectively constraining the state’s power to detain migrants. The diverse approaches of the UN Human Rights Committee, European Court of Human Rights and Court of Justice of the European Union will be contrasted. The likely impact of new EU norms on detention of asylum-seekers and pre-removal detention will also be explored.”

Date: Thursday 21st November 2013, 6.00-7.00pm

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free

More information can be found here.

EVENT: The Law Society – Social media for law firms and lawyers

Posted October 17th, 2013 in Forthcoming events by sally

“Social media has revolutionised the way we interact with each other and is increasingly being used by law firms and lawyers to communicate with their clients.

This seminar will explore how social media can assist with business development and how the personal brand of an individual solicitor can complement that of their firm’s. It will also promote discussion around core issues, including reputation management and ethics.

This will be an interactive seminar and you will be encouraged to tweet questions to the speakers at the end of each session.”

CPD hours 3.5

Date: 4th December 2013, 12.30-4.50pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: See website of details

More information can be found here.

Crime figures fall to record low – The Guardian

Posted October 17th, 2013 in crime, fraud, news, sexual offences, statistics, theft by sally

“Crime against households and adults in England and Wales fell 7% to a record low in the year to June, official figures have revealed.”

Full story

The Guardian, 17th October 2013

Source: www.guardian.co.uk

EVENT: UCL CLP – Property’s People

Posted October 17th, 2013 in Forthcoming events by sally

“Of all areas of law, it is property – particularly as it relates to housing and home – that affects people most consistently and directly. Yet, while people are intensely interested in property, property – broadly understood as the laws, doctrines and policies that govern the acquisition, accumulation, management and transfer of resources – does not appear to reciprocate. This lecture explores how the traditional methodologies of property law scholarship – centred on the status quo of established rights, obligations and duties, and invoking the ‘property values’ of certainty, autonomy, efficiency – marginalise the human ‘subjects’ of the property system. The lecture seeks to raise questions concerning the role of property law and property scholarship: is it to understand and make the best out of the available material; to achieve change in a progressive (or progressive but incremental) way; or to contribute to, or at least not to prevent, progress towards greater substantive equality between property’s ‘insiders’ and ‘outsiders’? In exploring these questions, the lecture reflects on the hidden politics of property discourse and its impact on the (in)visibility of the property outsider’s human experience within legal analyses, arguments and decision-making. Finally, this analysis is related to a series of ‘property problems’ in which ‘insiders’ and ‘outsiders’ compete for ownership or access to resources, with the aims of considering an alternative approach to problem-based property scholarship that starts from the person rather than the law, and reflecting on the implications of this approach for normative arguments invoking ‘property’s values’.”

Date: Thursday 5th December 2013, 6.00-7.00pm

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free

More information can be found here.

Why We Can’t Trust Judges to Beat the Bedroom Tax – Garden Court Chambers Blog

Posted October 17th, 2013 in benefits, housing, news, political parties, social security by sally

“Liz Davies explains that, although the courts may be able to help a few individuals, we need to step up the political battle.”

Full story

Garden Court Chambers Blog, 17th October 2013

Source: www.gclaw.wordpress.com

EVENT: UCL – Mishcon Lecture 2013: Are we beyond the help of history?

Posted October 17th, 2013 in Forthcoming events by sally

“‘Those who cannot remember the past are condemned to repeat it’, wrote Santayana at the dawn of the twentieth century. And indeed, throughout history, politicians and policy-makers have — more or less self-consciously — turned to the lessons of their nation’s past to shape their judgement and inform their decision making. I shall be asking the question, ‘Is this a strategy which can be followed today?’ when the boundaries of nationhood are giving way to global histories and narratives in which forgetting is as important as remembering.”

Date: Tuesday 19th November 2013, 6.00-8.15pm

Location: UCL Cruciform Lecture Theatre, UCL Main Campus, Gower Street, London WC1E 6BT

Charge: Free

More information can be found here.

EVENT: UCL – An International Bill of Rights of Man: Where Next?

Posted October 17th, 2013 in Forthcoming events by sally

“UCL is hosting a symposium on the occasion of the re-publication of Hersch Lauterpacht’s An International Bill of Rights of Man, with an Introduction by Professor Philippe Sands, UCL,
published by Oxford University Press

The symposium will have the participation of
Sir Elihu Lauterpacht QC CBE

And contributions from:
Lord Faulks QC
(1 Chancery Lane)
Baroness Helena Kennedy of the Shaws QC
(Labour Member, House of Lords)
Lord McNally
(Minister of State at the Ministry of Justice, and Deputy Leader of the House of Lords)
Stuart Wheeler
(Treasurer, United Kingdom Independence Party)

Chaired by
Professor Philippe Sands QC
(UCL / Matrix Chambers)”

Date: Thursday 31st October 2013, 6.30-7.30pm

Location: UCL Faculty of Laws – Graduate Wing, 1-2 Endsleigh Street, London WC1H 0EG

Charge: Free

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted October 17th, 2013 in legislation by sally

The Proceeds of Crime Act 2002 (External Investigations) Order 2013

The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013

The Syria (Restrictive Measures) (Overseas Territories) (Amendment) (No. 2) Order 2013

The Transfer of Functions (Elections and Referendums) Order 2013

The General Optical Council (Fitness to Practise) Rules Order of Council 2013

The Nitrate Pollution Prevention (Designation and Miscellaneous Amendments) Regulations 2013

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 2) Order 2013

The Patents (Isle of Man) Order 2013

The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 17th, 2013 in law reports by sally

Supreme Court

Chester, R (on the application of) v Secretary of State for Justice [2013] UKSC 63 (16 October 2013)

Court of Appeal (Civil Division)

Beverley Winchester & Anor v Farmer [2013] EWCA Civ 1235 (16 October 2013)

B4U Network (Europe) Ltd v Performing Right Society Ltd [2013] EWCA Civ 1236 (16 October 2013)

West Sussex County Council v Pierce (A Child) [2013] EWCA Civ 1230 (16 October 2013)

JJ Food Service Ltd v Zulhayir [2013] EWCA Civ 1226 (16 October 2013)

High Court (Chancery Division)

Flogas Britain Ltd v Calor Gas Ltd [2013] EWHC 3060 (Ch) (16 October 2013)

SC Johnson & Son Inc v Hillshire Brands Company & Anor [2013] EWHC 3080 (Ch) (16 October 2013)

Maresca v Brookfield Development & Construction & Anor [2013] EWHC 3151 (Ch) (16 October 2013)

Invideous Ltd & Ors v Thorogood & Ors [2013] EWHC 3015 (Ch) (11 October 2013)

High Court (Administrative Court)

Evans, R (on the application of) v Secretary of State for Defence [2013] EWHC 3068 (Admin) (16 October 2013)

Leathley & Ors, R (on the application of) v Visitors to the Inns of Court & Anor [2013] EWHC 3097 (Admin) (16 October 2013)

Bristow, R (on the application of) v Secretary of State for Justice & Anor [2013] EWHC 3094 (Admin) (16 October 2013)

High Court (Commercial Court)

Al Nasr CO for Coke and Chemicals v Fairdeal Supplies Ltd [2013] EWHC 3131 (Comm) (16 October 2013)

AP-Fonden v Bank of New York Mellon SA/NV & Ors [2013] EWHC 3127 (Comm) (16 October 2013)

Source: www.bailii.org

R (on the application of Chester) (Appellant) v Secretary of State for Justice (Respondent); McGeoch (AP) (Appellant) v The Lord President of the Council and another (Respondents) (Scotland) – Supreme Court

Posted October 17th, 2013 in appeals, elections, human rights, law reports, prisons, Supreme Court by sally

R (on the application of Chester) (Appellant) v Secretary of State for Justice (Respondent); McGeoch (AP) (Appellant) v The Lord President of the Council and another (Respondents) (Scotland) [2013] UKSC 63 (YouTube)

Supreme Court, 16th October 2013

Source: www.youtube.com/user/UKSupremeCourt

This Supreme Court prisoner voting decision really is a victory for common sense – UK Human Rights Blog

Posted October 17th, 2013 in appeals, elections, human rights, news, prisons, Supreme Court by sally

“The Lord Chancellor Chris Grayling recently told The Spectator that he wants ‘to see our Supreme Court being supreme again’. In light of his respect for the court, he should read today’s judgment on prisoner votes very carefully indeed, as should David Cameron who has already endorsed the decision as a ‘great victory for common sense’.”

Full story

UK Human Rights Blog, 16th October 2013

Source: www.ukhumanrightsblog.com

No law degree required for would-be solicitors – Times Higher Education

Posted October 17th, 2013 in legal education, news, solicitors, universities by sally

“Solicitors will no longer need to have a degree in order to qualify under a radical shake-up of legal training that it has been claimed could spell the ‘death’ of some law undergraduate courses.”

Full story

Times Higher Education, 17th October 2013

Source: www.timeshighereducation.co.uk

New legal battle over gay adverts on London buses – Daily Telegraph

Posted October 17th, 2013 in advertising, homosexuality, news, transport by sally

“Transport chiefs in London have been accused of reopening a bitter row over homosexuality which saw Boris Johnson step in to ban advertisements on London buses promoting the idea that gay people could be ‘cured’.”

Full story

Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk

Rulings ‘foreshadow’ clampdown on libel tourism in imminent defamation law reforms, say experts – OUT-LAW.com

Posted October 17th, 2013 in choice of forum, defamation, news by sally

“The High Court’s refusals to hear the outcome of two defamation claims serve as a pre-cursor to stiffer rules on libel tourism, two experts have said.”

Full story

OUT-LAW.com, 16th October 2013

Source: www.out-law.com

EVENT: Halsbury’s Law Exchange – Debate: This House believes that ethics in international arbitration requires no further regulation

Posted October 17th, 2013 in Forthcoming events by sally

“Halsbury’s Law Exchange has assembled a panel of great experience and distinction to discuss ethical practice in arbitration.

Speaking at this event:

Khawar Qureshi QC (Chair) – Barrister at Serle Court

Gary Born – Partner at WilmerHale

Cyrus Benson – Gibson Dunn

Hilary Heilbron QC – Brick Court Chambers

Points for discussion include:

Are the existing professional codes or conduct or institutional rules sufficient?
Are there any reasons why arbitrators should not be able to sanction parties and Counsel who behave improperly?
What are the main issues which require further regulation (if any) and how – by code/guidance or court and arbitral decisions?”

Date: Monday 18 November 2013, 6.00-8.00pm

Location: The Honourable Society of Lincoln’s Inn, The Old Hall, London WC2A 3TL

Charge: Free

More information can be found here.