Month: February 2014

Jacob Rowbottom: Laws, Miranda and the Democratic Justification for Expression – UK Constitutional Law Association

Posted February 24th, 2014 in airports, detention, freedom of expression, human rights, media, news, proportionality by sally

‘The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws LJ makes a number of comments about the justifications for freedom of expression and media freedom. While these may not be the most pressing or immediately important issues raised by this particular case, it is worth noting what Laws LJ says at paras [41-46] as he seems to move away from what has been something of an orthodoxy in the British and European jurisprudence – the importance placed on the democratic justification for expression.’

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UK Constitutional Law Association, 22nd February 2014

Source: www.ukconstitutionallaw.org

How to be fair about transfer to Broadmoor – UK Human Rights Blog

Posted February 24th, 2014 in hospital orders, judicial review, legal representation, mental health, news, public interest by sally

‘L, aged 26, was in a medium security hospital for his serious mental health problems. Concerns about his animus towards another patient arose, and the Admissions Panel of Broadmoor (a high security hospital) agreed to his transfer. It did so without allowing his solicitor to attend and without giving him the gist of why his transfer was to be made.’

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UK Human Rights Blog, 23rd February 2014

Source: www.ukhumanrightsblog.com

Couple get married in Britain’s first Scientology wedding – The Independent

Posted February 24th, 2014 in charities, equality, marriage, news, registrars, religious discrimination by sally

‘Scientologists Louisa Hodkin and Alessandro Calcioli won a landmark legal battle to have the Church of Scientology recognised as a “place of meeting for religious worship”.’

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The Independent, 23rd February 2014

Source: www.independent.co.uk

DPP Alison Saunders announces plan to seize more criminal assets hidden abroad – BBC News

Posted February 24th, 2014 in assets recovery, corruption, drug offences, foreign jurisdictions, money laundering, news, prosecutions, tax evasion by sally

‘The director of public prosecutions for England and Wales has unveiled a new drive to clamp down on criminals hiding their assets abroad.’

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BBC News, 24th February 2014

Source: www.bbc.co.uk

Dave Lee Travis retrial decision due – The Guardian

Posted February 24th, 2014 in assault, news, retrials, sexual offences by sally

‘Former BBC Radio 1 DJ Dave Lee Travis will learn on Monday whether he faces a retrial over allegations he sexually assaulted two women.’

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The Guardian, 24th February 2014

Source: www.guardian.co.uk

Williams (Respondent) v Central Bank of Nigeria (Appellant) – Supreme Court

Posted February 21st, 2014 in constructive trusts, fraud, law reports, limitations by sally

Williams (Respondent) v Central Bank of Nigeria (Appellant) [2014] UKSC 10 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) – Supreme Court

Posted February 21st, 2014 in corporation tax, EC law, law reports, subsidiary companies by sally

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) [2014] UKSC 11 & [2013] UKSC 30 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted February 21st, 2014 in asylum, human rights, law reports by sally

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) [2014] UKSC 12 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Magistrates should sit in police stations, report says – BBC News

Posted February 21st, 2014 in courts, magistrates, news, police, reports by sally

‘The government should allow magistrates to dispense on-the-spot justice inside police stations at peak times, a report by a right-leaning think tank has said.’

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BBC News, 21st February 2014

Source: www.bbc.co.uk

British Telecommunications plc v Office of Communications and others – WLR Daily

Posted February 21st, 2014 in compensation, jurisdiction, law reports, licensing, media by sally

British Telecommunications plc v Office of Communications and others [2014] EWCA Civ 133; [2014] WLR (D) 79

‘The Office of Communications had jurisdiction under section 316 of the Communications Act 2003 to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate to impose such conditions to ensure fair and effective competition.’

WLR Daily, 17th February 2014

Source: www.iclr.co.uk

Regina v Howe (Kevin) – WLR Daily

Posted February 21st, 2014 in assisted suicide, attempts, law reports, sentencing, suicide by sally

Regina v Howe (Kevin) [2014] EWCA Crim 114; [2014] WLR (D) 77

‘The Court of Appeal, Criminal Division, gave guidance as to the appropriate level of sentence for offences of encouraging or assisting suicide, contrary to section 2(1) of Suicide Act 1961, taking into account the harm caused and the culpability of the offender.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

Regina (Cornwall Council) v Secretary of State for Health – WLR Daily

Posted February 21st, 2014 in community care, disabled persons, law reports, local government by sally

Regina (Cornwall Council) v Secretary of State for Health [2014] EWCA Civ 12; [2014] WLR (D) 80

‘When resolving questions as to the “ordinary residence” of an adult man suffering from multiple complex disabilities, the test whereby a person who was so severely handicapped as to be totally dependent on a parent was in the same position as a small child and his ordinary residence was that of his parents because that was his base, was not to be followed.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Regina v McLoughlin; Regina v Newell – WLR Daily

Posted February 21st, 2014 in human rights, imprisonment, law reports, murder, sentencing by sally

Regina v McLoughlin; Regina v Newell [2014] EWCA Crim 188; [2014] WLR (D) 82

‘The imposition of a whole life order of imprisonment was not incompatible with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms because the Secretary of State had power under section 30 of the Crime (Sentences) Act 1997 to review such an order where exceptional circumstances had arisen which would justify release on compassionate grounds.

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Regina v Pace and another – WLR Daily

Posted February 21st, 2014 in appeals, attempts, law reports, proceeds of crime by sally

Regina v Pace and another [2014] EWCA Crim 186; [2014] WLR (D) 81

‘The mens rea of the offence of attempting to conceal, disguise or convert criminal property, contrary to section 327(1) of the Proceeds of Crime Act 2002, required that the defendant knew that the property was criminal property. Mere suspicion of that fact was insufficient.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) – WLR Daily

Posted February 21st, 2014 in compensation, financial advice, financial services ombudsman, law reports, ombudsmen, res judicata by sally

Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) [2014] EWCA Civ 118; [2014] WLR (D) 76

‘The doctrine of res judicata precluded a complainant who had accepted an award made by the Financial Ombudsman Service from starting legal proceedings to pursue complaints which had already been submitted to the ombudsman service and which the ombudsman had decided. Further, section 228(5) of the Financial Services and Markets Act 2000 did not exclude the operation of res judicata.’

WLR Daily, 14th February 2014

Source: www.iclr.co.uk

What to do if your organisation is the victim of a fraud attack – OUT-LAW.com

Posted February 21st, 2014 in banking, computer crime, disclosure, fraud, news by sally

‘The trial of five people accused of stealing millions of pounds from UK banks using computer technology to access bank accounts has emphasised how vulnerable even the biggest and most secure organisations can be to fraud.’

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OUT-LAW.com, 21st February 2014

Source: www.out-law.com

Rise in cases of harassment – but prosecutions fall – The Independent

Posted February 21st, 2014 in domestic violence, harassment, news, prosecutions, statistics by sally

‘Soaring numbers of harassment cases are never making it to court, The Independent has learnt. The rise is resulting in victims of domestic abuse being systematically let down by police and the Crown Prosecution Service, campaigners have said.’

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The Independent, 20th February 2014

Source: www.independent.co.uk

Most train users unaware of rights, says rail regulator – BBC News

Posted February 21st, 2014 in codes of practice, compensation, consumer protection, news, railways by sally

‘Most train passengers are unaware of their rights to compensation after cancellations or delays, the rail regulator has said.’

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BBC News, 21st February 2014

Source: www.bbc.co.uk

Is it time to rethink a career at the criminal bar? – The Guardian

Posted February 20th, 2014 in barristers, legal profession, news, pupillage by sally

‘Law students have a lot to think about before pursuing a career at the criminal bar.’

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The Guardian, 19th February 2014

Source: www.guardian.co.uk

Historic sex case prosecutions will continue, vows chief prosecutor – The Guardian

Posted February 20th, 2014 in Crown Prosecution Service, news, prosecutions, sexual offences by sally

‘The chief prosecutor of England and Wales has made a robust defence of the decision to prosecute historic sex cases, despite the recent acquittals of celebrities such as Dave Lee Travis and Bill Roache.’

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The Guardian, 20th February 2014

Source: www.guardian.co.uk