15/02/2016 – Current Awareness

Early guilty pleas: Justice for whom? – UK Human Rights Blog

Posted February 15th, 2016 in bail, budgets, codes of practice, consultations, costs, criminal justice, guilty pleas, human rights, jurisdiction, miscarriage of justice, news, plea bargaining, prosecutions, sentencing by sally

‘New guidelines incentivising people accused of criminal offences in England and Wales to plead guilty as early as possible were proposed last week. While existing rules allow for a maximum one-third reduction in the sentence to those who plead guilty at the ‘first reasonable opportunity’, this benefit is now only available to those who plead guilty at their very first court hearing, with the available reduction falling on a steeper sliding scale thereafter.’

UK Human Rights Blog, 15th February 2016

Source: www.ukhumanrightsblog.com

Barrister suspended after text harassment conviction – Legal Futures

Posted February 15th, 2016 in barristers, disciplinary procedures, fines, harassment, licensing, news, telecommunications, tribunals by sally

‘A barrister who was convicted of harassing his ex-partner with texts was last week suspended for three months by a bar tribunal for damaging the trust and confidence the public has in the profession.’

Legal Futures, 15th February 2016

Source: www.legalfutures.co.uk

GCHQ hacking does not breach human rights, security tribunal rules – The Guardian

Posted February 15th, 2016 in bills, complaints, computer crime, human rights, intelligence services, interception, investigatory powers, news, privacy, telecommunications, tribunals, warrants by sally

‘Hacking of computers, networks and smartphones in the UK or abroad by GCHQ staff does not breach human rights, a security tribunal has ruled.’

The Guardian, 12th February 2016

Source: www.guardian.co.uk

High Court enforcement continued – Nearly Legal

Posted February 15th, 2016 in appeals, civil procedure rules, codes of practice, enforcement, housing, landlord & tenant, news, notification, practice directions, repossession, Supreme Court, trespass by sally

‘In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers.’

Nearly Legal, 13th February 2016

Source: www.nearlylegal.co.uk

‘Sexting’ children should not be prosecuted, guidelines say – Daily Telegraph

Posted February 15th, 2016 in children, criminal records, indecent photographs of children, news, prosecutions, sexual offences by sally

‘The proposed guidance will also offer advice to school leaders on when it is appropriate to report “sexting incidents” to the authorities.’

Daily Telegraph, 14th February 2016

Source: www.telegraph.co.uk

Without prejudice privilege – Law Society’s Gazette

Posted February 15th, 2016 in appeals, damages, landlord & tenant, legal representation, litigants in person, news, privilege, rent, solicitors, without prejudice communications by sally

‘The ‘without prejudice’ privilege refers to the inadmissibility of any party communications targeted toward settlement. The objective of this privilege is to encourage parties engaging in settlement consideration, by ensuring any information disclosed in the pursuit of settlement cannot be submitted in litigation proceedings (see Lord Griffiths in Rush & Tomkins v GLC [1989] 1 AC 1280).’

Law Society’s Gazette, 15th February 2016

Source: www.lawgazette.co.uk

Police mindset at Hillsborough was ‘all about public disorder’, inquest hears – The Guardian

Posted February 15th, 2016 in coroners, evidence, health & safety, inquests, news, police, professional conduct, public order, sport by sally

‘South Yorkshire police officers requested dog handlers to come to Hillsborough in 1989 when people were trying to escape the lethal crush because police believed it was a pitch invasion, the new inquests into the disaster have heard.’

The Guardian, 12th February 2016

Source: www.guardian.co.uk

Court of Appeal reaffirms death of “near miss” rule for part 36 offers – Litigation Futures

Posted February 15th, 2016 in appeals, costs, damages, news, part 36 offers, professional conduct by sally

‘There is no longer a “near miss” rule for part 36 offers, appeal judges have made clear as they overturned a High Court decision which seemed to suggest that there was one.’

Litigation Futures, 15th February 2016

Source: www.litigationfutures.com

Failing on systematic failings – Nearly Legal

Posted February 15th, 2016 in homelessness, housing, judicial review, local government, news, statutory duty by sally

‘This was a quite extraordinary judicial review (or rather four joined judicial review claims with another 16 cases put in evidence in support) in which what was in the end at stake was not any remedy for the individual claimants – it was agreed that their individual issues had been remedied and the claims were academic on that basis – but whether there were systemic failings in Birmingham’s handling of homeless applications such that Birmingham:

generally, discourage and divert applications so that individuals are denied their statutory rights to have their situation properly inquired into and be given interim accommodation whilst those inquiries are being made.’

Nearly Legal, 14th February 2016

Source: www.nearlylegal.co.uk

UK counter-terrorism laws ‘harming aid efforts of Islamic charities’ – The Guardian

Posted February 15th, 2016 in banking, budgets, charities, complaints, inquiries, Islam, news, terrorism by sally

‘The former international development secretaries have called for an inquiry into the way in which UK counter-terrorism laws are hampering the humanitarian work of Islamic charities, including some of the few British charities capable of operating inside Syria.’

The Guardian, 12th February 2016

Source: www.guardian.co.uk

Regulatory offenders could face lower fine discounts if they wait to plead guilty, says expert – OUT-LAW.com

Posted February 15th, 2016 in codes of practice, corporate manslaughter, criminal justice, environmental health, fines, food, guilty pleas, health & safety, news, plea bargaining, sentencing by sally

‘Companies which face prosecution for health and safety, environmental and other regulatory breaches would have to plead guilty at an earlier stage or risk higher fines under new proposals put forward by the Sentencing Council, an expert has said.’

OUT-LAW.com, 12th February 2016

Source: www.out-law.com

Deepcut recruit’s alleged suicide ‘did not match emotional state’ – The Guardian

Posted February 15th, 2016 in armed forces, bias, bullying, inquests, murder, news, suicide by sally

‘A teenage recruit found shot dead at Deepcut barracks in Surrey 20 years ago was behaving normally on the day of her death, although she had been having relationship problems, an inquest has heard.’

The Guardian, 12th February 2016

Source: www.guardian.co.uk

New legal right for shop workers to refuse longer work hours on Sundays – Daily Telegraph

Posted February 15th, 2016 in bills, compensation, consultations, employment, local government, news, notification, Sunday trading, tribunals by sally

‘Ministers are changing legislation to give councils the power to extend trading hours in their local areas’

Daily Telegraph, 13th February 2016

Source: www.telegraph.co.uk

Tribunal rules computer hacking by GCHQ is not illegal – BBC News

Posted February 15th, 2016 in bills, computer crime, intelligence services, interception, investigatory powers, news, privacy, tribunals by sally

‘GCHQ is operating within the law when it hacks into computers and smart phones, a security tribunal has ruled.’

BBC News, 12th February 2016

Source: www.bbc.co.uk

Call to tighten UK’s new property law to crack down on ‘dirty money’ – The Guardian

Posted February 15th, 2016 in corruption, London, money laundering, news, retrospectivity, sale of land, trusts by sally

‘New laws that aim to stop the UK being a magnet for money launderers – by forcing the owners of properties to reveal their identities – should be applied retrospectively, leading anti-corruption organisations whose work has strongly influenced the government are saying.’

The Guardian, 13th February 2016

Source: www.guardian.co.uk

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