Month: May 2016

Evidential flexibility policy is additional to the provisions of the Immigration Rules – Free Movement

Posted May 11th, 2016 in appeals, documents, evidence, immigration, news by sally

‘In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was “much broader” than the rules themselves. The case is SH (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 426.’

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Free Movement, 11th May 2016

Source: www.freemovement.org.uk

Hillsborough verdict sparks call to rebalance police and criminal justice system – The Guardian

Posted May 11th, 2016 in bereavement, bills, codes of practice, complaints, criminal justice, inquests, legal aid, legal representation, media, misfeasance in public office, news, ombudsmen, police, professional conduct, sport, time limits, unlawful killing, victims by sally

‘A cross-party campaign for radical reform of the police and criminal justice system in light of the Hillsborough inquests verdict has been launched by the shadow home secretary, Andy Burnham.’

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The Guardian, 11th May 2016

Source: www.guardian.co.uk

Legal Services Board makes the case for regulatory independence – Legal Futures

Posted May 11th, 2016 in barristers, consultations, delay, Law Society, legal profession, legal services, Legal Services Board, money laundering, news, regulations, solicitors, terrorism by sally

‘The lack of independence between the legal regulators and representative bodies risks undermining the credibility of regulation and allows the likes of the Law Society and Bar Council to delay reforms that would benefit competition, the Legal Services Board (LSB) said yesterday.’

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Legal Futures, 11th May 2016

Source: www.legalfutures.co.uk

New Home Office instruction on risk assessment for immigration detainees – Free Movement

Posted May 11th, 2016 in codes of practice, detention, immigration, news by sally

‘A new Detention Services Order, DSO 03/2016, has been issued by the Home Office. The name is innocuous — Considering detainee placement — but we can hope that it will have a significant impact because what it really requires is a proper risk assessment before a person is accepted into immigration detention. And about time too. We have in recent years seen some appalling and utterly in humane detention decisions, at least one of which appears directly to have led to the death of a very vulnerable elderly man, Alois Dvorcak.’

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Free Movement, 9th May 2016

Source: www.freemovement.org.uk

Court of Appeal upholds rejection of bid to register rights of common – Local Government Lawyer

Posted May 11th, 2016 in animals, appeals, commons, judicial review, local government, news, notification by sally

‘A county council has successfully defended in the Court of Appeal its decision to refuse an application to register rights of common under the Commons Act 2006.’

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Local Government Lawyer, 10th May 2016

Source: www.localgovernmentlawyer.co.uk

13 ways you might be accidentally breaking the law, according to lawyers – The Independent

Posted May 11th, 2016 in birds, closed circuit television, complaints, computer crime, consent, harassment, human rights, internet, news, noise, nuisance, privacy, theft, trees, waste by sally

‘Various ways in which people may inadvertently break the laws of the UK while at home have been listed by lawyers.’

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The Independent, 10th May 2016

Source: www.independent.co.uk

Court refuses request to force alleged hacker to divulge passwords – The Guardian

Posted May 11th, 2016 in case management, computer crime, disclosure, extradition, human rights, investigatory powers, news, privacy by sally

‘An alleged hacker fighting extradition to the US will not have to give the passwords for his encrypted computers to British law enforcement officers, following a landmark legal ruling.’

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The Guardian, 10th May 2016

Source: www.guardian.co.uk

Oxford University law students being issued with ‘trigger warnings’ before lectures – The Independent

Posted May 11th, 2016 in education, freedom of expression, legal education, news, sexual offences, universities, victims by sally

‘Undergraduate law students at Oxford university are being issued with “trigger warnings” before lectures containing material deemed too “distressing” – a move which has drawn criticism from academics.’

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The Independent, 10th May 2016

Source: www.independent.co.uk

Farmer awarded £1m noise compensation from Stansted airport still waiting for pay-out 17 years later… as white lines haven’t been finished – Daily Telegraph

Posted May 11th, 2016 in airports, compensation, housing, news, noise by sally

‘A farm owner who won £1 million from Stansted because planes flying over his £2 million home slashed its value in half is still waiting for the pay-out 17 years later.’

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Daily Telegraph, 10th May 2016

Source: www.telegraph.co.uk

EE gets Three’s muppet ad banned over ‘undisputed’ reliability claim – The Independent

Posted May 11th, 2016 in advertising, competition, complaints, inquiries, news, telecommunications by sally

‘A Muppet-themed ad by mobile phone provider Three has been banned by the Advertising Standards Authority (ASA) after rival EE complained over its claim to be the “undisputed” most reliable network.’

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The Independent, 11th May 2016

Source: www.independent.co.uk

Thousands on the run after skipping court bail – BBC News

Posted May 11th, 2016 in bail, child abuse, drug offences, grievous bodily harm, murder, news, police, rape, sexual offences, statistics, warrants by sally

‘Thousands of suspected and convicted criminals who skipped court bail while facing charges including murder, child sex offences and rape are on the run.’

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BBC News, 11th May 2016

Source: www.bbc.co.uk

Legal highs brought low as councils employ banning orders to curb use – The Guardian

Posted May 11th, 2016 in drug offences, enforcement, fines, local government, news, prosecutions, statistics by sally

‘Critics say antisocial behaviour laws used by local authorities ahead of an all-out ban on legal highs have already criminalised vulnerable people ‘by the back door’.’

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The Guardian, 11th May 2016

Source: www.guardian.co.uk

EVENT: LSE – A Right to Be Believed? Testimony in Sexual Abuse Cases

Posted May 10th, 2016 in Forthcoming events by sally

‘Sexual offences have frequently gone unpunished because victims have not been believed. This stands in the way of justice and constitutes an additional wrong; according to one victim, not being believed by the police ‘was almost worse than the rape itself’. In light of this, many have called for a ‘right to be believed’. But how can this be reconciled with the principle of ‘innocent until proven guilty’? And when, if at all, do we have a right that someone should believe our testimony? Our panel—a philosopher, a barrister, and a legal theorist—will debate these questions.’

Date: 16th May 2016, 6.30-8.00pm

Location: Wolfson Theatre, New Academic Building, LSE London, WC2A 3LJ

Charge: Free

More information can be found here.

The Government Wants To Limit Human Rights Of Soldiers. Don’t They Deserve Protecting? – RightsInfo

Posted May 10th, 2016 in armed forces, human rights, news by sally

‘Today [8 May] is the anniversary of Victory in Europe Day, marking 71 years since the end of the Second World War. Unfortunately, many soldiers have been injured or lost their lives since then. If and when the Government’s consultation on scrapping the Human Rights Act materialises, the relationship between those soldiers, the Ministry of Defence and human rights will play a central role in the debate.’

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RightsInfo, 8th May 2016

Source: http://rightsinfo.org

High Court orders solicitors to cease acting for client – Litigation Futures

Posted May 10th, 2016 in conflict of interest, documents, law firms, news, privilege, solicitors by sally

‘The High Court has ordered international law firm Dechert to cease acting for the principal creditor of a Russian businessman because it is also acting for his trustees in bankruptcy and has access to thousands of documents that are covered by legal professional privilege.’

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Litigation Futures, 9th May 2016

Source: www.litigationfutures.com

Two-thirds of ‘miscarriage’ referrals successful – Law Society’s Gazette

Posted May 10th, 2016 in appeals, Criminal Cases Review Commission, miscarriage of justice, news, statistics by sally

‘Two-thirds of cases referred to the Criminal Cases Review Commission (CCRC) for suspected miscarriages of justice have succeeded on appeal, the government has revealed.’

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Law Society’s Gazette, 6th May 2016

Source: www.lawgazette.co.uk

Bristol man jailed for 22 years over 1984 murder of 17-year-old Melanie Road – The Independent

Posted May 10th, 2016 in DNA, murder, news, sentencing, sexual offences by sally

‘A 64-year-old man who murdered a teenage girl in a sexually motivated attack 32 years ago has been jailed for at least 22 years.’

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The Independent, 9th April 2016

Source: www.independent.co.uk

Lawyer who supplied ‘chemsex’ party drugs which killed his boyfriend is sentenced – BBC News

Posted May 10th, 2016 in barristers, community service, drug abuse, drug offences, news, sentencing by sally

‘A barrister whose teenage boyfriend died from a lethal cocktail of “chemsex” party drugs has been sentenced for drug possession.’

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BBC News, 9th May 2016

Source: www.bbc.co.uk

Data protection reform – the date is set – Technology Law Update

Posted May 10th, 2016 in data protection, EC law, news by sally

‘Europe’s data protection reform process is finally complete, with the new General Data Protection Regulation given a number (2016/679) and more importantly, a commencement date. It will apply from 25 May 2018. Assuming that the UK has not by then left the EU, it will affect almost all UK-based organisations in one way or another – and for the first time organisations outside the EU processing data relating to EU citizens. The text is essentially the same as that published last month (although I have to confess that I have not checked every word).’

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Technology Law Update, 4th May 2016

Source: www.technology-law-blog.co.uk

Freedom of information lives on – OUP Blog

Posted May 10th, 2016 in freedom of information, news, reports by sally

‘The Freedom of Information Act is here to stay. At any rate for the time being. That is the good news implicit in the statement on 1 March 2016 by Matt Hancock, the UK Cabinet Office Minister, that, “this government is committed to making government more transparent”.’

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OUP Blog, 10th May 2016

Source: http://blog.oup.com