National Crime Agency director general: UK snooping powers are too weak – The Guardian

‘Britons must accept a greater loss of digital freedoms in return for greater safety from serious criminals and terrorists in the internet age, according to the country’s top law enforcement officer.’

Full story

The Guardian, 7th October 2014

Source: www.guardian.co.uk

Boy taken off life support after judge rules there is no hope of a ‘miracle’ dies – Daily Telegraph

Posted October 7th, 2014 in children, human rights, medical treatment, news by sally

‘The family of the 17-month-old are ‘devastated’ after his life-support machine was switched off against their wishes.’

Full story

Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

Last week The Sun wanted to abolish the Human Rights Act, this week they want to use it to protect their journalists – The Independent

Posted October 7th, 2014 in human rights, investigatory powers, media, news by sally

‘Just days after The Sun newspaper celebrated David Cameron’s promise to abolish the Human Rights Act (HRA), it is using the very same laws to protect one of its own journalists.’

Full story

The Independent, 6th October 2014

Source: www.independent.co.uk

IPCC’s ‘plebgate’ decision quashed by High Court – BBC News

Posted October 7th, 2014 in appeals, complaints, news, police, professional conduct by sally

‘The police watchdog’s decision to reinvestigate three officers at the centre of the “plebgate” row is flawed and must be retaken, judges have ruled.’

Full story

BBC News, 6th October 2014

Source: www.bbc.co.uk

Ex-BA pilot Bartle Frere abuse case: Jury considers verdicts – BBC News

Posted October 7th, 2014 in child abuse, indecent photographs of children, news, sexual offences by sally

‘A jury has been sent out in the case of a former British Airways pilot accused of abusing boys in the UK and India.’

Full story

BBC News, 6th October 2014

Source: www.bbc.co.uk

Revenge porn could lead to 14-year sentence, new guidelines clarify – The Guardian

‘The most serious cases of revenge pornography – putting sexually explicit images of former partners online – should be prosecuted under laws which carry a maximum sentence of 14 years, new guidance from the Crown Prosecution Service suggests.’

Full story

The Guardian, 7th October 2014

Source: www.guardian.co.uk

Finance & Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during September.’

Full story

Family Law Week, 5th October 2014

Source: www.familylawweek.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 6th, 2014 in legislation by sally

The Teachers’ Pension Scheme (Amendment) Regulations 2014

The Teachers’ Pensions (Miscellaneous Amendments) (No. 2) Regulations 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 6th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Esprit & Ors, v R [2014] EWCA Crim 1918 (03 October 2014)

High Court (Chancery Division)

Enterprise Holdings Inc v Europcar Group UK Ltd & Anor [2014] EWHC 3169 (Ch) (30 September 2014)

High Court (Administrative Court)

Monji v General Pharmaceutical Council [2014] EWHC 3128 (Admin) (03 October 2014)

Commercial Estates Group Ltd v Secretary of State for Communities And Local Government & Ors [2014] EWHC 3089 (Admin) (03 October 2014)

High Court (Family Division)

Newman, Re An Application By Gloucestershire County Council for the Committal To Prison of [2014] EWHC 3136 (Fam) (03 October 2014)

NATS (Services) Ltd v Gatwick Airport Ltd & Anor [2014] EWHC 3133 (TCC) (02 October 2014)

X (A Child) (Surrogacy: Time Limit) [2014] EWHC 3135 (Fam) (03 October 2014)

High Court (Commercial Court)

Deutsche Bank AG & Ors v Unitech Global Ltd & Ors [2014] EWHC 3117 (Comm) (03 October 2014)

Credit Suisse International v Stichting Vestia Groep [2014] EWHC 3103 (Comm) (03 October 2014)

Fiona Trust & Holding Corporation & Ors v Yuri Privalov & Ors [2014] EWHC 3102 (Comm) (03 October 2014)

High Court (Technology and Construction Court)

Northrop Grumman Mission Systems Europe Ltd v BAE Systems (Al Diriyah C4I) Ltd (No 2) [2014] EWHC 3148 (TCC) (03 October 2014)

High Court (Patents Court)

Wobben Properties GmbH v Siemens Public Ltd Company & Ors [2014] EWHC 3173 (Pat) (02 October 2014)

Source: www.bailii.org

European Convention on Human Rights: What has it ever done for us? – The Independent

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

Full story

The Independent, 3rd October 2014

Source: www.independent.co.uk

The costs of rectification – Law Society’s Gazette

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

Full story

Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

Does UK copyright law have a sense of humour? – Daily Telegraph

Posted October 6th, 2014 in artistic works, copyright, EC law, interpretation, news by sally

‘Under a new exception to copyright law, anyone will be able to make a funny parody or mash-up from existing material. But do the courts have a sense of humour, asks Adam Rendle.’

Full story

Daily Telegraph, 4th October 2014

Source: www.telegraph.co.uk

EVENT: Halsbury’s Law Exchange – Women in prison: is the penal system fit for purpose?

Posted October 6th, 2014 in Forthcoming events by sally

‘Panellists include:

Joshua Rozenberg, Legal Commentator and Journalist (Chair)
Felicity Gerry QC at 36 Bedford Row
Jenny Earle, Director of the Prison Reform Trust’s Programme to Reduce Women’s Imprisonment
Lord Ramsbotham GCB CBE
The Right Honourable The Lord Phillips of Worth Matravers KG, PC
A short video of interviews with ex-offenders will be broadcast at the event.

We will also be releasing a policy paper with unique research to all attendees in the coming weeks.

Points for discussion:

Explore the impact of imprisonment on female offenders and the wider community
Examine the current penal system and whether it is fit for purpose
Discuss alternatives to prison based on the needs of the individual’

Date: 11th November 2014, 6.00pm

Location: Prince Philip House

Charge: Free, registration required

More information can be found here.

Conservatives plan to scrap Human Rights Act – read the full document – The Guardian

Posted October 6th, 2014 in human rights, jurisdiction, news, political parties by sally

‘Chris Grayling’s eight-page strategy paper ‘Protecting human rights in the UK’ promises to ‘restore sovereignty to Westminster’ through a parliamentary override, breaking the formal link between British courts and the European court of human rights.’

Full document

The Guardian, 3rd October 2014

Source: www.guardian.co.uk

High Court attacks “unreasonable and opportunistic” defendants in relief from sanctions ruling – Litigation Futures

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, fees, news, solicitors by sally

‘The High Court has overturned a cost judge’s refusal to grant relief from sanctions that prevented claimant lawyers from recovering their success fees, and instead accused the defendants of “unreasonable and opportunistic” conduct.’

Full story

Litigation Futures, 6th October 2014

Source: www.litigationfutures.com

The Fragility of Human Rights – UK Human Rights Blog

Posted October 6th, 2014 in constitutional law, human rights, jurisdiction, news, political parties by sally

‘The announcement this week of a new Conservative Party plan to repeal the Human Rights Act, ‘Protecting Human Rights in the UK’, has brought to a boil a cauldron of incredulity (pictured) about the Government’s attitude towards the law. The response from human rights lawyers and advocacy groups has been swift. Liberty describes the Conservative Party plan as ‘legally illiterate’. The several ways in which that is true have already been the subject of detailed exposition. Indeed, Liberty’s response is even more accurate than it might first appear. If the Conservative Party plan is legally illiterate then it is best read as a political tactic to assure its supporters that it is the party of anti-European sentiment.’

Full story

UK Human Rights Blog, 5th October 2014

Source: www.ukhumanrightsblog.com

Seaham rabbit torturers spared prison – BBC News

Posted October 6th, 2014 in animal cruelty, community service, compensation, internet, news, sentencing by sally

‘Two men who posed naked in the bath with a pet rabbit before torturing and killing it have been spared jail.’

Full story

BBC News, 3rd October 2014

Source: www.bbc.co.uk

Revised transparency code for local government in England in force next month – Local Government Lawyer

Posted October 6th, 2014 in budgets, codes of practice, disclosure, local government, news, parking by sally

‘A revised Local Government Transparency Code is to come into force in England next month, the Department for Communities and Local Government has announced.’

Full story

Local Government, 3rd October 2014

Source: www.localgovernmentlawyer.co.uk

Relief from sanctions- Some further guidance – Zenith PI Blog

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, news by sally

‘How should we approach applications for relief from sanctions made by the other side? Elliot Kay considers a recent and useful decision of the High Court.’

Full story

Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

Guildford Four: An innocent man’s letters from jail – BBC News

Posted October 6th, 2014 in appeals, Ireland, news, police, prisons, prosecutions, terrorism by sally

‘In October 1989, the Guildford Four were released from jail. Their convictions for blowing up two pubs in the Surrey town during an IRA bombing campaign had been quashed.’

Full story

BBC News, 4th October 2014

Source: www.bbc.co.uk