Day: 25 November 2013
Inquiry Impasse, Charter Confusion and Competition Time – The Human Rights Roundup – UK Human Rights Blog
‘This week, there are criticisms over the delay of inquiries both into the mistreatment of terrorism suspects and the Iraq War. Meanwhile, discussion continues over the relevance of the EU Charter of Fundamental Rights for UK law, and a dying asylum seeker on hunger strike will not be released.’
UK Human Rights Blog, 24th November 2013
Source: www.ukhumanrightsblog.com
Man jailed after one million child abuse images discovered – BBC News
‘A pensioner who had more than a million child abuse images and filmed his own attacks on young girls has been jailed for 19 years.’
BBC News, 25th November 2013
Source: www.bbc.co.uk
Islamic “marriage” ceremony at home declared invalid by Court of Protection – UK Human Rights Blog
‘A Local Authority v SY [2013] EWHC 3485 COP (12 November 2013].
A judge in the Court of Protection has ruled that a man who had “exploited and took advantage” of a young woman for the purpose of seeking to bolster his immigration appeal had engaged in an invalid marriage ceremony.’
UK Human Rights Blog, 25th November 2013
Source: www.ukhumanrightsblog.com
Payday loan costs cap unveiled by George Osborne – The Guardian
‘George Osborne said the cap on the overall cost of credit was the next logical step as the coalition sought to regulate what had been a wholly unregulated market.’
The Guardian, 25th November 2013
Source: www.guardian.co.uk
Cost-cutting council ‘contributed to death of student’ by switching off street lights – Daily Telegraph
‘A coroner has said a council switching off street lights as a cost-cutting measure contributed to the death of a student. The verdict came following an inquest into the death of 18-year-old Warwick University student Archie Wellbelove, who died after he was hit by a taxi on the A452 near Leamington in the early hours of December 7 2012.’
Daily Telegraph, 25th November 2013
Source: www.telegraph.co.uk
Linking to infringing material may not on its own be an act of copyright infringement, says UK judge – OUT-LAW.com
‘Businesses that merely publish a link on their website to copyright infringing material online may not themselves be liable for copyright infringement, a High Court judge has said.’
OUT-LAW.com, 22nd November 2013
Source: www.out-law.com
Loan shark father and son ordered to repay £300k+ in assets – Local Government Lawyer
‘A father and son convicted of illegal money lending have been ordered to pay back more than £300,000 in assets.’
Local Government Lawyer, 25th November 2013
Source: www.localgovernmentlawyer.co.uk
High Court sends clear message to judges on granting relief from sanctions – Litigation Futures
‘A High Court judges has sent a strong message to county courts about dealing with applications for relief from sanctions in a case where “a wholesale and flagrant disregard” of directions occurred.’
Litigation Futures, 25th November 2013
Source: www.www.litigationfutures.com
Role of Equity in Mistaken Transactions – Speech by the Chancellor of the High Court
‘Role of Equity in Mistaken Transactions – Speech by the Chancellor of the High Court. ACTAPS lecture 2013, delivered 20th November 2013.’
Judiciary of England and Wales, 21st November 2013
Source: www.judiciary.gov.uk
Evaluation of the pilot of Domestic Violence Protection Orders – Home Office
‘Domestic Violence Protection Orders (DVPOs) were piloted in three police force areas in 2011-12. DVPOs are a new civil provision designed to provide immediate protection for victim-survivors of domestic violence where no other enforceable restrictions can be placed upon the perpetrator. This evaluation of the pilot suggests that DVPOs were generally seen positively by practitioners and victim-survivors and were associated with a reduction in re-victimisation, particularly when used in “chronic” cases.’
Home Office, 25th November 2013
Source: www.gov.uk/home-office
Disclosure and Barring Service: criminal record checks and referrals – Home Office
‘Disclosure and Barring Service: criminal record checks and referrals – guidance.’
Home Office, 25th November 2013
Source: www.gov.uk/home-office
The Court of Appeal on Cartels and Conflicts – Competition Bulletin from Blackstone Chambers
‘The Court of Appeal handed down two important decisions last week on the application of conflict of law principles to cartel follow-on damages claims: Deutsche Bahn AG & Ors v Morgan Advanced Materials plc & Ors [2013] EWCA Civ 1484 and Ryanair Limited v Esso Italiana Srl [2013] EWCA Civ 1450. The defendants in each case challenged the jurisdiction of the English courts to hear damages claims arising from their cartel activities.’
Competition Bulletin from Blackstone Chambers, 24th November 2013
Source: www.competitionbulletin.com
Personal consultation with solicitor must be offered before terror questioning, rules High Court – UK Human Rights Blog
‘Elosta v Commissioner of Police for the Metropolis [2013] EWHC 3397.
The High Court has held that a person detained for questioning under the Terrorism Act 2000 is entitled to consult with a solicitor in person prior to answering questions.’
UK Human Rights Blog, 24th November 2013
Source: www.ukhumanrightsblog.com
Expensive choices – NearlyLegal
‘One of a couple of cases on intentional homelessness and affordability of accommodation.’
NearlyLegal, 24th November 2013
Source: www.nearlylegal.co.uk/blog/
Allocation, Allocation, Allocation – NearlyLegal
‘Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.”
NearlyLegal, 24th November 2013
Source: www.nearlylegal.co.uk/blog/
Judicial review proceedings may not be terminated by the government – Court of Appeal – UK Human Rights Blog
‘Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498. A certificate issued by the Home Secretary under Section 2 C of the Special Immigration Appeals Commission Act 1997 (the “1997 Act”), as inserted by Section 15 of the Justice and Security Act 2013 (“the 2013 Act”), did not terminate existing judicial review proceedings in relation to an exclusion direction which had been certified.’
UK Human Rights Blog, 22nd November 2013
Source: www.ukhumanrightsblog.com
When is an advert “political” for the purposes of a ban under the Communications Act? – UK Human Rights Blog
‘R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre (Respondent) & Secretary of State for Culture, Media and Sport (Interested Party) [2013] EWCA Civ 1495.The ban on Christian Radio’s proposed advert seeking data on the “marginalisation of Christians” in the workplace was lawful and did not constitute an interference with free speech, the Court of Appeal has ruled. When determining whether a radio or television advertisement was “political” fur the purposes of Section 321(2)(b) of the Communications Act 2003 the court should consider the text objectively; the motives of the advertiser were irrelevant.’
UK Human Rights Blog, 21st November 2013
Source: www.ukhumanrightsblog.com