Day: 15 May 2015

Gaughran v Chief Constable of the Police Service of Northern Ireland (Secretary of State for the Home Department intervening – WLR Daily

Posted May 15th, 2015 in criminal records, DNA, human rights, law reports, Northern Ireland, police by tracey

Gaughran v Chief Constable of the Police Service of Northern Ireland (Secretary of State for the Home Department intervening: [2015] UKSC 29; [2015] WLR (D) 214

‘The policy in Northern Ireland, England and Wales of retaining indefinitely the DNA samples and other information obtained from persons who were arrested and subsequently convicted of an offence was proportionate and justified, and was within the margin of appreciation afforded to member states. A convicted person’s the right to respect for his private life guaranteed by article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms was therefore not infringed when the police refused to give him an assurance that his DNA samples would be destroyed.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

Dransfield v Information Commissioner and another; Craven v Information Commissioner and another – WLR Daily

Posted May 15th, 2015 in environmental protection, freedom of information, law reports by tracey

Dransfield v Information Commissioner and another: Craven v Information Commissioner and another; [2015] EWCA Civ 454; [2015] WLR (D) 215

‘The Court of Appeal gave guidance as to the approach of a decision-maker when determining, for the purposes of section 14(1) of the Freedom of Information Act 2004, whether a right to information request was vexatious and whether, for the purposes of regulation 12(4)(b) of the Environmental Information Regulations 2004, a request for environmental information was “manifestly unreasonable”.’

WLR Daily, 14th May 2015

Source:www.iclr.co.uk

Wasted costs ordered against solicitor and counsel and case struck out – Free Movement

Posted May 15th, 2015 in barristers, costs, judicial review, law firms, news, striking out, tribunals, wasted costs orders by tracey

‘In the case of R (on the application of SN) v Secretary of State for the Home Department (striking out – principles) IJR [2015] UKUT 227(IAC) the President of the Upper Tribunal Immigration and Asylum Chamber not only strikes out the applicant’s judicial review claim but also goes on to make a wasted costs order against both the solicitors and counsel involved in the case.’

Full story

Free Movement, 14th May 2015

Source: www.freemovement.org.uk

Best interests of children in immigration cases – Free Movement

Posted May 15th, 2015 in children, detention, immigration, news by tracey

‘Those working with migrant children have known this all along, but in March we had some official confirmation from a Parliamentary committee: the situation of migrant children in the UK is getting worse, not better.’

Full story

Free Movement, 14th May 2015

Source: www.freemovement.org.uk

Business claiming ‘passing off’ must have UK customers before it can sue in UK, says Supreme Court – OUT-LAw.com

Posted May 15th, 2015 in foreign jurisdictions, media, news, Supreme Court, trade marks, trade names by tracey

‘The Hong Kong-based provider of internet TV subscription service NOW TV could not prevent Sky using the same name for a similar service in the UK because it did not have a UK customer base, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 14th May 2015

Source: www.out-law.com

HRA Watch: Reform, Repeal, Replace? Tobias Lock: Legal implications of human rights reform in the UK – UK Constitutional Law Association

Posted May 15th, 2015 in constitutional law, devolution, news, treaties by tracey

‘The return of a majority Conservative government in last week’s general election in the UK has made the Conservative Party’s plans for reforming human rights law in the United Kingdom a likely prospect. It is recalled that on 3 October 2014, the Conservative Party published its policy document ‘Protecting Human Rights in the UK’ which sets out its proposal to repeal the Human Rights Act 1998 (HRA) and replace it with a new British Bill of Rights. In addition, the policy document also raised the prospect that the UK might withdraw from the European Convention on Human Rights (ECHR).’

Full story

UK Constitutional Law Association, 15th May 2015

Source: www.ukconstitutionallaw.org/blog

Appeal court upholds strike-out of litigant-in-person’s claim over non-compliance – Litigation Futures

Posted May 15th, 2015 in expert witnesses, litigants in person, news, personal injuries, psychiatric damage, striking out by tracey

‘A litigant-in-person has lost his claim for psychiatric injury against the Stobart Group and associated companies over his failure to serve a medical report.’

Full story

Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

Judges unveil streamlined trial procedures for commercial cases – Litigation Futures

Posted May 15th, 2015 in civil procedure rules, Commercial Court, consultations, disclosure, dispute resolution, news by tracey

‘A committee of High Court judges, joined by a leading QC and City solicitor, has revealed its recommendations for faster trials of commercial disputes.’

Full story

Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

Tell us your experience of the legal services regulators – Legal Services Board

Posted May 15th, 2015 in consultations, consumer protection, legal services, Legal Services Board, press releases by tracey

‘The Legal Services Board (LSB) is launching a survey today inviting views from anybody and any firm that has been in contact with one of the eight legal services regulators in England and Wales.’

Full press release

Legal Services Board, 14th May 2015

Source: www.legalservicesboard.org.uk

BSB seeks power to shut down chambers – Legal Futures

Posted May 15th, 2015 in alternative business structures, barristers, fines, news, professional conduct by tracey

‘The Bar Standards Board (BSB) has proposed that it should be given, for the first time, the power to intervene in barristers’ practices and chambers.’

Full story

Legal Futures, 15th May 2015

Source: www.legalfutures.co.uk

Harbour Lecture by Lord Justice Dyson MR: Confronting Costs Management – Courts and Tribunals Judiciary

Posted May 15th, 2015 in budgets, case management, costs, speeches by tracey

‘Harbour Lecture by Lord Justice Dyson MR: Confronting Costs Management.’

Full speech

Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

Codes of practice for the acquisition, disclosure and retention of communications data – Home Office

Posted May 15th, 2015 in codes of practice, electronic mail, internet, investigatory powers, press releases, telecommunications, terrorism by tracey

‘Guidance on the procedures that should be followed when the communications data is accessed or disclosed under RIPA, or retained under DRIPA or the ATCSA.’

Full press release

Home Office, 15th May 2015

Source: www.gov.uk/home-office

Harbour Lecture by Lord Justice Jackson: Confronting Costs Management – Courts and Tribunals Judiciary

Posted May 15th, 2015 in case management, costs, lectures by tracey

‘Harbour Lecture by Lord Justice Jackson: Confronting Costs Management.’

Full speech

Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

Speech by Lord Justice Geoffrey Vos: Presentation to the Conference in Brno Czech Republic – Courts and Tribunals Judiciary

Posted May 15th, 2015 in judiciary, speeches by tracey

‘Speech by Lord Justice Geoffrey Vos: Presentation to the Conference in Brno Czech Republic.’

Full speech

Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

Court exceeded its power in ordering publication of Charles memos – Straw – The Guardian

Posted May 15th, 2015 in freedom of information, news, parliament, privacy, royal family, Supreme Court by tracey

‘Jack Straw, a former Labour cabinet minister and one of the architects of the Freedom of Information Act, has said that the Prince of Wales’s memos to ministers should have remained secret and that the supreme court exceeded its power in backing the Guardian’s fight for publication.’

Full story

The Guardian, 14th May 2015

Source: www.guardian.co.uk

Boy who suffered brain damage due to Harrogate hospital failings to get £10m – The Guardian

Posted May 15th, 2015 in birth, compensation, hospitals, negligence, news, personal injuries by tracey

‘A six-year-old boy with cerebral palsy is to receive a £10m care and rehabilitation package from Harrogate and district NHS foundation trust after it admitted failing to provide proper care during his birth that resulted in devastating neurological injuries.’

Full story

The Guardian, 14th May 2015

Source: www.guardian.co.uk

Woman who gave friend gas she used to kill herself found not guilty of assisting suicide – The Independent

Posted May 15th, 2015 in assisted suicide, assisting offenders, news, suicide by tracey

‘A woman who supplied a friend with the gas she used to kill herself has been cleared of assisting suicide.’

Full story

The Independent, 14th May 2015

Source: www.independent.co.uk

Lorry driver who killed cyclist after running a red light jailed for three years – The Independent

Posted May 15th, 2015 in dangerous driving, guilty pleas, news, sentencing by tracey

‘A “cavalier” lorry driver who ran a red light before killing a cyclist has been jailed for three-and-a-half years and given a 10-year driving ban.’

Full story

The Independent, 14th May 2015

Source: www.independent.co.uk