Guilty verdict in former N-Dubz singer Dappy slap case – BBC News
‘Magistrates have found the former N-Dubz singer Dappy guilty of slapping a man outside a nightclub.’
BBC News, 19th June 2014
Source: www.bbc.co.uk
Day: 19 June 2014
Kyle Keen: Toddler death ‘could have been avoided’ – BBC News
‘The death of a toddler could have been avoided if a West Midlands hospital had referred him to social services at an earlier date, a report has found.’
BBC News, 19th June 2014
Source: www.bbc.co.uk
Criminal records scheme incompatible with Convention rights – Supreme Court judgment – Panopticon
‘As readers of this blog will know, the application of the Government’s criminal records scheme has been subject to extensive litigation of late (see further not least my post on an appeal involving a teacher and my post on an appeal involving a taxi-driver). Perhaps most importantly, in the case of T & Anor v Secretary of State for the Home Department, questions have been raised about whether the scheme as a whole is compatible with Convention rights and, in particular, the Article 8 right to privacy. Last year, the Court of Appeal concluded that the scheme was incompatible. In a judgment given yesterday, the majority of the Supreme Court has agreed with that conclusion (Lord Wilson dissenting).’
Panopticon, 19th June 2014
Source: www.panopticonblog.com
Recent Statutory Instruments – legislation.gov.uk
The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014
The Adoption and Children Act Register Regulations 2014
The Adoption Support Services (Amendment) Regulations 2014
The Scotland Act 1998 (Modification of Schedule 5) Order 2014
The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2014
The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2014
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Community Care) Regulations 2014
The Companies Act 2006 (Interconnection of Registers) Order 2014
The Films Co-Production Agreements (Amendment) Order 2014
Source: www.legislation.gov.uk
In re ZZ (Children) – WLR Daily
In re ZZ (Children) [2014] EWFC 9; [2014] WLR (D) 256
‘The court’s approach to a review fact-finding hearing applied whether the issue arose before the same judge or a different judge, whether in the same or different proceedings, and whether in relation to the same or different children; different approaches were not called for in different forensic contexts although the application of the general approach in any particular case would reflect the circumstances of that case.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Haile v Waltham Forest London Borough Council – WLR Daily
Haile v Waltham Forest London Borough Council [2014] EWCA Civ 792; [2014] WLR (D) 257
‘The question of whether a person applying to a local authority for housing accommodation was intentionally homeless within the meaning of section 193 of the Housing Act 1996, with the result that the local authority was under no duty to provide such accommodation to her under that section, was to be determined by reference to whether the person’s homelessness was intentional on the date on which she became homeless and not on the date of the local authority’s decision.’
WLR Daily, 13th June 2014
Source: www.iclr.co.uk
Regina (N) v Walsall Metropolitan Borough Council – WLR Daily
Regina (N) v Walsall Metropolitan Borough Council [2014] EWHC 1918 (Admin); [2014] WLR (D) 255
‘The capital derived from a personal injury settlement which was managed by a deputy appointed by the Court of Protection had to be disregarded by a local authority when deciding whether the injured person could be required to contribute to the cost of social care services provided by a local authority.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Regina v Langley – WLR Daily
Regina v Langley [2014] WLR (D) 238
‘Older authorities on sentencing had to be considered in the light of the requirement in section 125 of the Coroners and Justice Act 2009 that definitive sentencing guidelines had to be followed. Further, the power in section 147 of the Powers of Criminal Courts (Sentencing) Act 2000 to impose a disqualification from driving was exercisable in relation to a conspiracy to rob where the defendant was the getaway driver.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Huzar v Jet2.com Ltd – WLR Daily
Huzar v Jet2.com Ltd [2014] EWCA Civ 791; [2014] WLR (D) 239
‘A technical problem in an aircraft which could properly be described as the result of usual wear and tear did not constitute “extraordinary circumstances” within the meaning of article 5(3) of Parliament and Council Regulation (EC) No 261/2004 such as to exempt the carrier from the obligation to compensate passengers for delay, notwithstanding that the problem neither had been discovered nor was discoverable by a reasonable regime of maintenance and inspection.
WLR Daily, 11th June 2014
Source: www.iclr.co.uk
Bollacke v K + K Klaas & Kock BV & Co KG – WLR Daily
Bollacke v K + K Klaas & Kock BV & Co KG (Case C-18/13); ECLI:EU:C:2014:1517; [2014] WLR (D) 254
‘Article 7 of Parliament and Council Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time precluded national legislation or practice which provided that the entitlement to paid annual leave was lost without conferring entitlement to an allowance in lieu of leave outstanding, where the employment relationship was terminated by the death of the worker. Receipt of such an allowance was not dependent on a prior application.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Victory for Spamalot – Niebel in the Upper Tribunal – Panopticon
‘The spamming industry is a decidedly irritating but sadly almost unavoidable feature of our networked world. There is no question but that spamming (i.e. the sending of unsolicited direct marketing electronic communications) constitutes an unlawful invasion of our privacy (see further regs 22-23 of the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) (PECR), implemented under EU Directive 2002/21/EC). The question is what can be done to stop it, particularly given that individual citizens will typically not want to waste their time litigating over the odd spam email or text?’
Panopticon, 19th June 2014
Source: www.panopticonblog.com
Care homes operator pays compensation to family of elderly resident subjected to ‘sickening’ abuse – Legal Futures
‘The owners of a care home where staff were jailed after being caught on camera physically and verbally abusing a 89-year-old woman have finally agreed a compensation settlement with her family for allowing the ‘sickening’ treatment to happen.’
Legal Futures, 19th June 2014
Source: www.legalfutures.co.uk
Old and minor convictions and cautions need not be disclosed – Supreme Court – UK Human Rights Blog
‘The Supreme Court has unanimously declared that government rules regarding the disclosure of spent convictions are unlawful and incompatible with Article 8 of the Convention.’
UK Human Rights Blog, 18th June 2014
Source: www.ukhumanrightsblog.com
Charles Taylor, Liberian president who ‘ate the hearts of his enemies’, sues the UK government for denying him right to family life – The Independent
‘An African warlord serving 50 years in prison for crimes against humanity is suing Britain for denying him the right to a family life.’
The Independent, 19th June 2014
Source: www.independent.co.uk
Fairness under the DPA: public interests can outweigh those of the data subject – Panopticon
‘Suppose a departing employee was the subject of serious allegations which you never had the chance properly to investigate or determine. Should you mention these (unproven) allegations to a future employer? Difficult questions arise, in both ethical and legal terms. One aspect of the legal difficulty arises under data protection law: would it be fair to share that personal information with the prospective employer?’
Panopticon, 18th June 2014
Source: www.panopticonblog.com
Dreams Come True charity: Human trafficker jailed for three years – The Independent
‘A woman who trafficked vulnerable Lithuanian workers to Bristol locked them in a squalid house and forced them to hand out charity collection bags for little or no pay has been jailed for three years.’
The Independent, 18th June 2014
Source: www.independent.co.uk
Government’s defence of surveillance unconvincing, says ex-watchdog – The Guardian
‘The government’s arguments for justifying the mass monitoring of the internet are “unconvincing” and based on exploiting “loopholes” in legislation, the former chief surveillance inspector has said.
The Guardian, 18th June 2014
Source: www.guardian.co.uk
