February 2014 – Page 18 – Current Awareness

Open Access version of the Digital Evidence and Electronic Signature Law Review – IALS

Posted February 6th, 2014 in evidence, libraries, news by sally

‘Building on successful work with the School of Advanced Study’s Open Journals System, a project is in progress at the Institute of Advanced Legal Studies (IALS) to develop an Open Access version of the Digital Evidence and Electronic Signature Law Review.

Established in 2004, the Digital Evidence and Electronic Signature Law Review brings articles, legal developments and case reports to academics, practitioners and the industry in relation to digital evidence and electronic signatures from across the world.

This Open Access version of Digital Evidence and Electronic Signature Law Review is being developed by Stephen Mason (founder, publisher and general editor) with the Institute on the SAS Open Journals System – further raising the visibility and accessibility of the journal and its contents.

Our exciting project, through SAS OJS, will safeguard free online access to all the back issues for legal researchers, support the publication of publicly available future issues and help stimulate new areas of legal discussion and scholarship.

The full back run of published volumes is now available on the service and we are beginning work on Volume 11 : 2014 as a “Born Digital” Open Access publication.’

The Digital Evidence and Electronic Signature Law Review

IALS, 6th February 2014

Source: www.ials.sas.uk

Police win forced retirement tribunal claim – BBC News

Posted February 6th, 2014 in age discrimination, employment, employment tribunals, news, police, retirement by sally

‘Five police forces could face paying out millions of pounds after officers who were forced to retire after 30 years won an age discrimination claim.’

Full story

BBC News, 5th February 2014

Source: www.bbc.co.uk

70% of shelved child abuse inquiries could be reopened following complaints by victims – The Independent

Posted February 6th, 2014 in child abuse, complaints, criminal justice, news, prosecutions, sexual grooming, victims by sally

‘Dozens of historic child abuse inquiries could be restarted following complaints by victims of being let down by the criminal justice system.’

Full story

The Independent, 5th February 2014

Source: www.independent.co.uk

Decision due on inquiry into young prison deaths – BBC News

Posted February 6th, 2014 in death in custody, inquiries, news, prisons, suicide, young offenders by sally

‘Prisons minister Jeremy Wright is due to announce whether he has agreed to hold an independent inquiry into the deaths of young people in custody.’

Full story

BBC News, 6th February 2014

Source: www.bbc.co.uk

Policeman who smashed pensioner’s car window awarded £440,000 payout – The Guardian

Posted February 6th, 2014 in constructive dismissal, harassment, news, police, tribunals by sally

‘A police officer who chased and then smashed a pensioner’s car window has won £440,000 after a tribunal found he left his job after becoming a “laughing stock” among his colleagues when a video of the incident appeared online.’

Full story

The Guardian, 5th February 2014

Source: www.guardian.co.uk

Hillsborough inquest: Police lawyers to probe fans’ ‘drunkenness’ – BBC News

Posted February 6th, 2014 in alcohol abuse, health & safety, inquests, news, police, sport by sally

‘The disputed suggestion drunkenness among fans played a part in the Hillsborough disaster will be explored again in new inquests, lawyers for senior police officers have said.’

Full story

BBC News, 5th February 2014

Source: www.bbc.co.uk

Woman becomes first person to be jailed for ‘trolling herself’ – The Independent

Posted February 6th, 2014 in harassment, internet, news, perverting the course of justice, sentencing by sally

‘A woman who used fake Facebook profiles to send herself hundreds of abusive messages has been jailed for 20 months.’

Full story

The Independent, 5th February 2014

Source: www.independent.co.uk

EVENT: The Inner Temple – Employed Bar Forum

Posted February 5th, 2014 in Forthcoming events by sally

‘The Inner Temple’s Employed Bar Forum is a new initiative that aims to bring together employed barristers for lectures, workshops and networking. It is open to all employed barristers and events are currently free to attend.’

Date: 3rd April 2014, 5.45pm

Location: Parliament Chamber, Inner Temple Treasury Building, London EC4Y 7HL

Charge: Free, registration required

More information can be found here.

BAILII: Recent Decisions

Posted February 5th, 2014 in law reports by sally

Supreme Court

Adamson & Ors v Paddico (267) Ltd [2014] UKSC 7 (5 February 2014))

Richardson & Anor v Director of Public Prosecutions [2014] UKSC 8 (5 February 2014)

Court of Appeal (Civil Division)

Roberts, R (on the application of) v The Commissioner of Police of the Metropolis & Ors [2014] EWCA Civ 69 (04 February 2014)

Flynn v Warrior Square Recoveries Ltd [2014] EWCA Civ 68 (04 February 2014)

High Court (Queen’s Bench Division)

Xenakis & Anor v Birkett Long LLP [2014] EWHC 171 (QB) (03 February 2014)

RBOS Shareholders Action Group Ltd v News Group Newspapers Ltd & Anor [2014] EWHC 130 (QB) (04 February 2014)

High Court (Chancery Division)

Maier & Anor v Asos Plc & Anor [2014] EWHC 123 (Ch) (04 February 2014)

Dass v Beggs & Anor [2014] EWHC 164 (Ch) (03 February 2014)

Kevern v Ayres & Anor [2014] EWHC 165 (Ch) (03 February 2014)

Bank of Scotland Plc v Greville Development Company (Midlands) Ltd & Ors [2014] EWHC 128 (Ch) (31 January 2014)

High Court (Administrative Court)

Kulibaba & Anor v Government of the United States of America [2014] EWHC 176 (Admin) (04 February 2014)

JM, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 4430 (Admin) (04 February 2014)

High Court (Technology and Construction Court)

Courtwell Properties Ltd v Greencore PF (UK) Ltd [2014] EWHC 184 (TCC) (04 February 2014)

High Court (Commercial Court)

San Evans Maritime Inc & Ors v Aigaion Insurance Co SA [2014] EWHC 163 (Comm) (04 February 2014)

Source: www.bailii.org

Sale of ultra-cheap alcohol to be banned in England and Wales – The Guardian

Posted February 5th, 2014 in alcohol abuse, crime prevention, licensing, news by sally

‘The government is to ban the sale of alcohol at very cheap prices in England and Wales, the Home Office has announced.’

Full story

The Guardian, 4th February 2014

Source: www.guardian.co.uk

Escaping dog not a “crime of violence” for purposes of criminal injuries compensation – UK Human Rights Blog

Posted February 5th, 2014 in criminal injuries compensation, dogs, news by sally

‘When considering whether to award compensation under the Criminal Injuries Compensation Scheme, the board must rest its determination of “crime of violence” on the act causing the injury, not its consequences. A breach of the provisions of the Dangerous Dogs Act is not necessarily a “crime of violence”.’

Full story

UK Human Rights Blog, 5th February 2014

Source: www.ukhumanrightsblog.com

Birmingham mosque stabbings: attacker insane at time, jury rules – The Guardian

Posted February 5th, 2014 in attempted murder, attempts, insanity, murder, news, wounding by sally

‘A mentally ill man who stabbed a police constable and two worshippers at a mosque was insane at the time of the offences, a jury has ruled.’

Full story

The Guardian, 4th February 2014

Source: www.guardian.co.uk

Cellar girl case rapist Ilyas Ashar has sentence increased – BBC News

Posted February 5th, 2014 in appeals, news, rape, sentencing, trafficking in human beings by sally

‘A couple who trafficked a 10-year-old girl to the UK and kept her as a servant for almost a decade have had their sentences increased.’

Full story

BBC News, 4th February 2014

Source: www.bbc.co.uk

QASA: time to move on – Halsbury’s Law Exchange

Posted February 5th, 2014 in advocacy, barristers, judicial review, news, quality assurance by sally

‘“It is a critical test of the freedom inherent in our democratic society that those accused (usually by the State) of committing criminal offences can and should be represented by capable criminal advocates…”

So opens the judgment, which was handed down last month by Lord Justice Leveson, in the judicial review of the Quality Assurance Scheme for Advocates (QASA). QASA, it ruled, “is lawful, does not contravene European law and falls well within the legitimate exercise of the powers of the LSB and the three regulators that submitted it to the LSB for approval”.’

Full story

Halsbury’s Law Exchange, 4th February 2014

Source: www.halsburyslawexchange.co.uk

PCSO James McIvor sentenced over police helicopter laser – BBC News

Posted February 5th, 2014 in disciplinary procedures, endangering safety of aircraft, news, police, sentencing by sally

‘A PCSO who claimed he was looking for a cat when he was caught shining a laser pen beam at a police helicopter has been given a two-year community order.’

Full story

BBC News, 4th February 2014

Source: www.bbc.co.uk

Aster Healthcare Ltd v Shafi (Representative of the estate of Mohammed Shafi, decd) – WLR Daily

Posted February 5th, 2014 in care homes, fees, law reports, local government by sally

Aster Healthcare Ltd v Shafi (Representative of the estate of Mohammed Shafi, decd) [2014] EWHC 77 (QB); [2014] WLR (D) 42

‘Section 7 of the Mental Capacity Act 2005, which provided for payments for services by a person who lacked capacity, was not and could not be engaged where the services in question were provided to the mentally incapacitated individual under an arrangement made by the service provider with a local authority exercising its statutory duty under Pt III of the National Assistance Act 1948.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

RC v CC and another – WLR Daily

Posted February 5th, 2014 in adoption, children, Court of Protection, disclosure, human rights, law reports by sally

RC v CC and another [2014] EWHC 131 (COP); [2014] WLR (D) 43

‘The jurisdiction to refuse disclosure of materials to the parties in children cases was clearly established and the same fundamental principles applied in cases relating to incapacitated adults in the Court of Protection. The test to be applied was that of “strict necessity” and the question was whether it was necessary, in the interests of the incapacitated person, for the information not to be disclosed.’

WLR Daily, 30th January 2014

Source: www.iclr.co.uk

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) – WLR Daily

Posted February 5th, 2014 in confiscation, consent, joint enterprise, law reports, mistake, proceeds of crime by sally

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) [2014] UKSC 5; [2014] WLR (D) 40

‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk