Peers criticise government over emergency data laws – BBC News

Posted July 17th, 2014 in bills, electronic mail, interception, news, parliament, telecommunications by tracey

‘The government has come under fire in the Lords over emergency legislation giving the security services access to people’s phone and internet records.’

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BBC News, 16th July 2014

Source: www.bbc.co.uk

Lindsay Sandiford case: Bali death row drugs trafficker review call – BBC News

‘The UK Supreme Court has called on the British government to review the case of a grandmother facing execution in Indonesia on drug charges.’

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BBC News, 16th July 2014

Source: www.bbc.co.uk

The non-residents legal aid case – LC advised to go for the ball, not for his opponent’s shins – UK Human Rights Blog

Posted July 16th, 2014 in human rights, jurisdiction, legal aid, news, ultra vires by tracey

‘Public Law Project v Secretary of State for Justice [2014] EWHC 2365. Angela Patrick of JUSTICE has provided an excellent summary of this important ruling, which declared a proposed statutory instrument to be ultra vires the LASPO Act under which it was to have been made. The judgment is an interesting one, not least for some judicial fireworks in response to the Lord Chancellor’s recourse to the Daily Telegraph after the hearing, but before judgment was delivered.’

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UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

Plan to stop non-residents getting Legal Aid is unlawful, rules High Court – UK Human Rights Blog

‘House of Lords is scheduled to vote on the Government’s proposals for a residence test for access to legal aid, Angela Patrick, Director of Human Rights Policy at JUSTICE considers today’s judgment of the Divisional Court in PLP v Secretary of State for Justice.’

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UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

Transforming the criminal justice system: strategy and action plan – Ministry of Justice

Posted July 16th, 2014 in computer programs, criminal justice, delay, reports, victims, witnesses by tracey

‘The “Criminal justice system 2014 to 2015: strategy and action plan” is an update on the version published last year.’

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Ministry of Justice, 15th July 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Recent Statutory Instruments – legislation.gov.uk

Posted July 16th, 2014 in legislation by tracey

The Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014

The Merchant Shipping (Maritime Labour Convention) (Consequential and Minor Amendments) Regulations 2014

The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

The Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2014

The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014

Source: www.legislation.gov.uk

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening); [2014] EWHC 2245 (Admin); [2014] WLR (D) 310

‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

In re D (Children) (CAFCASS: Safeguarding Checks) – WLR Daily

In re D (Children) (CAFCASS: Safeguarding Checks); [2014] EWHC 2376 (Fam); [2014] WLR (D) 312

‘Whether, in private family law proceedings, safeguarding inquiries should be conducted about third parties, such as partners, would depend on the precise circumstances of the various relationships. In practice, it would be expected that co-operation for such inquiries would generally be sought in respect of partners of the parties and if such a partner did not give his or her consent, an application to the court would usually be made by CAFCASS in its discretion.’

WLR Daily, 20th June 2014

Source: www.iclr.co.uk

 

 

Regina (Flatley) v Hywel Dda University Local Health Board; Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers – WLR Daily

Regina (Flatley) v Hywel Dda University Local Health Board;  Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers; [2014] EWHC 2258 (Admin); [2014] WLR (D) 311

‘The function of the minister following a referral by a community health council under regulation 27(9) of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010 was to reach a final decision on a proposal put forward by a local health board. That function was directed at the outcome, there was no requirement for the minister to review the process, including any consultation, leading to the proposal, although the minister had a discretion to consider the circumstances of the process in reaching a decision on the proposal overall.’

WLR Daily, 10th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 16th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

KS v Neath Port Talbot County Borough Council & Ors [2014] EWCA Civ 941 (15 July 2014)

M & Ors v Suffolk County Council [2014] EWCA Civ 942 (15 July 2014)

K, Re [2014] EWCA Civ 905 (15 July 2014)

High Court (Administrative Court)

Long, R (On the Application Of) v Secretary of State for Defence [2014] EWHC 2391 (Admin) (15 July 2014)

The Public Law Project, R (On the Application Of) v The Secretary of State for Justice the Office of the Children’s Commissioner [2014] EWHC 2365 (Admin) (15 July 2014)

High Court (Commercial Court)

Konkola Copper Mines v U&M Mining Zambia Ltd [2014] EWHC 2374 (Comm) (15 July 2014)

Source: www.bailii.org  

Record number of data complaints made to ICO – BBC News

Posted July 16th, 2014 in appeals, complaints, data protection, disclosure, fines, news, nuisance, privacy, statistics by tracey

‘The UK’s information commissioner has called for better funding for the country’s data regulator amid a record number of cases.’

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BBC News, 15th July 2014

Source: www.bbc.co.uk

Concrete tomb murderer Sebastian Bendou sentenced – BBC News

Posted July 16th, 2014 in murder, news, sentencing by tracey

‘A man convicted of murdering his friend by bludgeoning him to death with a hammer and burying him in a concrete tomb has been jailed for life.’

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BBC News, 15th July 2014

Source: www.bbc.co.uk

Lee Rigby killer Michael Adebowale allowed to appeal – BBC News

Posted July 16th, 2014 in appeals, armed forces, murder, news, sentencing by tracey

‘Michael Adebowale, who was given a 45-year prison sentence for the murder of soldier Lee Rigby, has been given permission to appeal against his sentence.’

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BBC News, 15th July 2014

Source: www.bbc.co.uk

Assisted dying: leading doctors call on Lords to back legalisation – The Guardian

Posted July 16th, 2014 in assisted suicide, bills, doctors, news, parliament by tracey

‘Twenty-seven leading figures write to every peer urging them to back Lord Falconer’s private members bill on assisted dying.’

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The Guardian, 15th July 2014

Source: www.guardian.co.uk

Lib Dems reject Lord Rennard bid to overturn suspension – BBC News

‘Liberal Democrat officials have rejected an attempt by Lord Rennard to overturn his suspension from the party.’

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BBC News, 16th July 2014

Source: www.bbc.co.uk

Watchdog gets new powers to close failing care homes – Daily Telegraph

Posted July 16th, 2014 in care homes, elderly, news, ombudsmen, standards by tracey

‘Failing care homes will be put on “special measures” and closed down if they fail to improve, under new powers given to watchdogs in the wake of a series of scandals.’

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Daily Telegraph, 16th July 2014

Source: www.telegraph.co.uk

Emergency surveillance bill clears Commons – The Guardian

‘Controversial emergency surveillance legislation has cleared the Commons after an extended sitting and angry exchanges alleging an abuse of parliament.’

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The Guardian, 16th July 2014

Source: www.guardian.co.uk

Legal aid residence test ‘discriminatory and unlawful’, high court rules – The Guardian

Posted July 15th, 2014 in appeals, civil justice, legal aid, news, regulations, ultra vires by tracey

‘The government’s attempt to introduce a residence test for legal aid has been struck down by the high court on the grounds that it is discriminatory and unlawful.’

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The Guardian, 15th July 2014

Source: www.guardian.co.uk

FCA imposes cap on payday loans – The Guardian

Posted July 15th, 2014 in consumer credit, financial regulation, interest, news by tracey

‘The cap proposed by the Financial Conduct Authority means that if someone borrows £100 from a payday lender and pays it back within the agreed 30 days, they would pay a maximum of £24 in charges. Fees for late payment would be capped at £15, with a total price cap of 100% of the original loan to stop default charges spiralling out of control.’

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The Guardian, 15th july 2014

Source: www.guardian.co.uk

Tom Hickman on the DRIP Bill: Plugging Gaps in Surveillance Laws or Authorising the Unlawful? – UK Constitutional Law Association

‘The unveiling last Thursday of a a draft bill on surveillance powers that is to be rushed through Parliament brought to mind the story of the Dutch boy who finds a hole in a dyke on his way to school and puts his finger in it to plug the leak until help arrives to shore it up. The legislation is said to be necessary to plug what the Government regards as holes in the regime of surveillance and investigatory powers pending a full review. The fact that the bill is titled the Data Retention and Investigatory Powers Bill – the “DRIP” bill – may mean I am not the first person to draw the analogy. But the analogy may not be entirely apt. An examination of the DRIP Bill reveals that it is not addressing little holes in the regime but in fact profoundly important and substantial issues.’

Full text

UK Constitutional Law Association, 14th July 2014

Source: www.ukconstitutionallaw.org/blog