Month: March 2015

High Court considers purpose behind subject access request under the DPA – Panopticon

Posted March 11th, 2015 in abuse of process, appeals, data protection, death penalty, foreign jurisdictions, investigatory powers, news, police, privacy by tracey

‘It is not uncommon for data controllers to be faced with subject access requests under s. 7 of the Data Protection Act 1998 the motivations for which appear to have nothing whatever to do with the purposes of the DPA. The DPA seeks to protect individuals’ privacy rights with respect to data which is processed about them. The subject access provisions help people check up on that data and its processing (see for example YS v Minister voor Immigratie (Cases C-141/12 & C-372/12)). In practice, however, a subject access request is a fishing expedition with an eye on prospective litigation.’

Full story

Panopticon, 10th March 2015

Source: www.panopticonblog.com

Whether charities liable for damage caused by protesters depends on factual connections, says expert – OUT-LAW.com

Posted March 11th, 2015 in charities, criminal damage, fisheries, news, Supreme Court by tracey

‘Companies can find themselves the subject of protests which cause costly damage, but can they sue protesters? The Supreme Court has laid out some of the logic it would use to rule on a claim, though it did not find a charity liable in this case.’

Full story

OUT-LAW.com, 9th March 2015

Source: www.out-law.com

Disclosure requirements for ‘high risk’ UK tax avoidance scheme promoters come into force – OUT-LAW.com

Posted March 11th, 2015 in disclosure, HM Revenue & Customs, news, tax avoidance by tracey

‘Promoters of tax avoidance schemes that have been identified as “high risk” by UK tax authorities must now publicise that they are being monitored so that potential customers are aware of the risks of using them, HM Revenue and Customs (HMRC) has announced.’

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OUT-LAW.com, 10th March 2015

Source: www.out-law.com

Legal aid, young people and the review that never happened – LegalVoice

Posted March 11th, 2015 in asylum, children, homelessness, immigration, legal aid, mental health, news, poverty, young persons by tracey

‘The Ministry of Justice has in the last few weeks quietly backed down on the promise of a full review on the effects of legal aid cuts on children and young people.’

Full story

LegalVoice, 10th March 2015

Source: www.legalvoice.org.uk

Visitor appeal succeeds on human rights grounds – Free Movement

Posted March 11th, 2015 in appeals, asylum, human rights, immigration, married persons, news, tribunals by tracey

‘In a very welcome determination that comes a mere two years after the abolition of full rights of appeal for visitors but in the middle of the scything of full rights of appeal for everyone else, President McCloskey has turned his attention to the question of the relevance of compliance with the Immigration Rules to a human rights appeal. The answer is that where a person meets the terms of the Immigration Rules, their appeal will normally fall to be allowed on human rights grounds, assuming that human rights are engaged in some way in the first place.’

Full story

Free Movement, 10th March 2015

Source: www.freemovement.org.uk

NHS trust ordered to pay nearly £20,000 over dermatitis failings – Local Government Lawyer

Posted March 11th, 2015 in costs, fines, health, health & safety, hospitals, news by tracey

‘An NHS trust in Cornwall has been ordered to pay nearly £20,000 in fines and costs over failings in its approach to dealing with dermatitis. The Health & Safety Executive prosecuted the Royal Cornwall Hospitals NHS Trust following an investigation that found 23 cases of dermatitis – occurring between 2007 and 2012 – had not been reported to it as is required by the law.’

Full story

Local Government Lawyer, 9th March 2015

Source: www.localgovernmentlawyer.co.uk

Lord Dyson “personally opposed” to changing costs rules for JR permission hearings – Litigation Futures

Posted March 11th, 2015 in costs, judicial review, news, oral hearings by tracey

‘Lord Dyson, the Master of the Rolls, has made it clear that he is “personally opposed” to changes in the costs rules for judicial review oral permission hearings.’

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Litigation Futures, 11th March 2015

Source: www.litigationfutures.com

LSB going back to “first principles” as it mulls how to replace Legal Services Act – Legal Futures

Posted March 11th, 2015 in Legal Services Board, news, regulations by tracey

‘The Legal Services Board (LSB) is returning to “first principles” as work begins to consider whether the Legal Services Act 2007 should be replaced, its chairman said today.’

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Legal Futures, 11th March 2015

Source: www.legalfutures.co.uk

Regina (Hourhope Ltd) v Shropshire Council – WLR Daily

Posted March 11th, 2015 in building law, law reports, local government, planning by tracey

Regina (Hourhope Ltd) v Shropshire Council: [2015] EWHC 518 (Admin); [2015] WLR (D) 100
‘The relevant question for determining whether the demolition deduction applied for the purposes of regulation 40 of the Community Infrastructure Regulations 2010 was whether the building was in actual lawful use at the material time and not whether there was a lawful use to which it could have been put.’

WLR Daily, 2nd March 2015

Source: www.iclr.co.uk

Lawyers, Social Workers and the Proportionality Test – Family Law Week

Posted March 11th, 2015 in adoption, children, criminal records, custody, families, family courts, local government, news, proportionality, sexual offences, social services by tracey

‘David Bedingfield, barrister of 4 Paper Buildings, considers the President’s judgment in A (A Child) [2015] EWFC 11 and the lessons to be derived by practitioners.’

Full story

Family Law Week, 9th March 2015

Source: www.familylawweek.co.uk

Career criminal jailed after being tracked down by teenager using a mobile phone app – Daily Telegraph

Posted March 11th, 2015 in burglary, children, computer programs, news, sentencing, theft, threatening behaviour, victims, violence by tracey

‘Grant Alam, 24, is starting 10-and-a-half years behind bars after he terrorising a company director and his family with iron bars and a hammer.’

Full story

Daily Telegraph, 10th March 2015

Source: www.telegraph.co.uk

Payday lenders still misleading and threatening customers, says FCA – The Guardian

Posted March 11th, 2015 in debts, financial regulation, loans, news by tracey

‘The City regulator has uncovered a litany of unfair practices at payday lenders including sending threatening text messages, pursuing customers for the wrong amount and misleading people about the effect of non-payment on their credit rating.’

Full story

The Guardian, 10th March 2015

Source: www.guardian.co.uk

Rapist who preyed on women in crimes spanning nearly 30 years faces jail – The Guardian

Posted March 11th, 2015 in DNA, evidence, kidnapping, news, photography, rape, sexual offences by tracey

‘A rapist who preyed on women walking alone is facing jail after admitting crimes spanning nearly 30 years. Mechanic Clive Howard attacked five women in Norfolk and Cambridgeshire between 1986 and 2014. Police believe there may be more victims and are appealing for women targeted by Howard to come forward.’

Full story

The Guardian, 11th March 2015

Source: www.guardian.co.uk

Wind farm tycoon Dale Vince awaits post-divorce payout ruling – BBC News

Posted March 11th, 2015 in appeals, divorce, financial provision, news, Supreme Court, time limits by tracey

‘A wind power tycoon will learn whether his ex-wife’s claim for a financial settlement lodged almost 20 years after they divorced has been successful.’

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BBC News, 11th March 2015

Source: www.bbc.co.uk

Gender equality and diversity in the judiciary – two years later and little has changed – Halsburys Law Exchange

Posted March 10th, 2015 in diversity, equality, judiciary, legal profession, news by tracey

‘In 2009, when asked by the then Lord Chancellor to look at judicial diversity, Baroness Neuberger said: “Judges drawn from a wide range of backgrounds and life experiences will bring varying perspectives to bear on critical legal issues. A judiciary which is more visibly reflective of society will enhance public confidence.” Although it would appear that even 6 years later, not a lot has changed.’

Full story

Halsbury’s Law Exchange, 9th March 2015

Source: www.halsburyslawexchange.co.uk

Number of judicial review applications falls from 15,600 to 4,000 – Litigation Futures

Posted March 10th, 2015 in civil justice, immigration, judicial review, news, statistics, tribunals by tracey

‘The number of judicial review applications lodged at the High Court fell from 15,600 to just 4,062 last year – caused mainly, but not entirely by the transfer of immigration and asylum cases to the Upper Tribunal.’

Full story

Litigation Futures, 10th March 2015

Source: www.litigationfutures.com

Bar Council in deal with credit specialist to finance fees – Legal Futures

Posted March 10th, 2015 in barristers, consumer credit, fees, news by tracey

‘The Bar Council has joined forces with a legal credit finance specialist to enable direct access barristers to offer payment plans to their clients.’

Full story

Legal Futures, 10th March 2015

Source: www.legalfutures.co.uk

Regina (Ingenious Media Holdings Ltd) v Revenue and Customs Commissioners – WLR Daily

Posted March 10th, 2015 in appeals, confidentiality, disclosure, HM Revenue & Customs, law reports, media, public interest, tax avoidance by tracey

Regina (Ingenious Media Holdings Ltd) v Revenue and Customs Commissioners: [2015] EWCA Civ 173; [2015] WLR (D) 104

‘In the particular circumstances of the case limited disclosures made by a Revenue and Customs official in an “off the record” briefing with journalists concerning tax avoidance schemes had been made “for the purposes” of a function of the Revenue and Customs, within section 18(2)(a)(i). Therefore there had been no breach of article 18(1) of the Commissioners for Revenue and Customs Act 2005, which required the commissioners to maintain confidentiality of information about a taxpayer’s affairs.’

WLR Daily, 4th March 2015

Source: www.iclr.co.uk

Regina (Black) v Secretary of State for Justice – WLR Daily

Posted March 10th, 2015 in health, law reports, ministers' powers and duties, prisons, regulations, smoking by tracey

Regina (Black) v Secretary of State for Justice: [2015] EWHC 528 (Admin); [2015] WLR (D) 105

‘The provisions of Chapter 1 of Part 1 of the Health Act 2006 were, by necessary implication, binding on the Crown and so applied to all public places and workplaces within its scope for which the Crown was responsible, including state run prisons.’

WLR Daily, 5th March 2015

Source: www.iclr.co.uk

Default judgments soar as defences plummet – Law Society’s Gazette

Posted March 10th, 2015 in civil justice, default judgments, judicial review, legal representation, news, statistics by tracey

‘The number of civil court judgments leapt by 25% last year as more claims went undefended, official statistics have revealed.’

Full story

Law Society’s Gazette, 9th March 2015

Source: www.lawgazette.co.uk