Month: August 2019

Lip-reading CCTV will have people ‘cupping hands over their mouths’ in street, warns surveillance watchdog – Daily Telegraph

Posted August 28th, 2019 in closed circuit television, facial mapping, human rights, investigatory powers, news, ombudsmen, police, privacy by tracey

‘People will be left “cupping their hands over their mouths” in the street if new lip-reading CCTV is not reined in, the Government’s surveillance watchdog has warned. Tony Porter, the Surveillance Camera Commissioner, said in future people would have to guard their conversations from prying cameras in the same manner as football managers on live TV, unless ministers act to regulate emerging intrusive technologies.’

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Daily Telegraph, 27th August 2019

Source: www.telegraph.co.uk

‘This is our secret’: Retired choirmaster who sexually abused boys jailed for 12 years – The Independent

Posted August 28th, 2019 in abuse of position of trust, child abuse, children, news, school children, sentencing, sexual offences, teachers by tracey

‘A retired school choirmaster who “hid a dark paedophile inclination” has been jailed for sexually abusing four boys.’

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The Independent, 27th August 2019

Source: www.independent.co.uk

Domestic abuse: Killers ‘follow eight-stage pattern’, study says – BBC News

Posted August 28th, 2019 in coercive & controlling behaviour, crime prevention, domestic violence, homicide, news, police, statistics, victims, women by tracey

‘Men who kill their partners follow a “homicide timeline” that could be tracked by police to help prevent deaths, new research suggests. Criminology expert Dr Jane Monckton Smith found an eight-stage pattern in 372 killings in the UK. The University of Gloucestershire lecturer said controlling behaviour could be a key indicator of someone’s potential to kill their partner.’

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BBC News, 27th August 2019

Source: www.bbc.co.uk

Home Office ad telling EU citizens how to stay in UK after Brexit banned for being ‘misleading’ – The Independent

Posted August 28th, 2019 in advertising, citizenship, documents, EC law, government departments, immigration, news, ombudsmen by tracey

‘A Home Office campaign informing EU nationals how to confirm their UK status after Brexit has been banned by the advertising watchdog for being “misleading”.’

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The Independent, 27th August 2019

Source: www.independent.co.uk

BAILII: recent Decisions

Posted August 27th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Singh v The Secretary of State for the Home Department [2019] EWCA Civ 1504 (22 August 2019)

High Court (Chancery Division)

Armstrong v Armstrong [2019] EWHC 2259 (Ch) (23 August 2019)

High Court (Queen’s Bench Division)

Boyo v Lloyds Bank Plc [2019] EWHC 2279 (QB) (23 August 2019)

Source: www.bailii.org

Costs budgeting is not inevitable – Charlie Cory-Wright QC – UK Human Rights Blog

Posted August 27th, 2019 in budgets, civil procedure rules, costs, news, personal injuries by sally

‘Generally speaking, we lawyers dislike procedural change. While we may well understand that a particular change is necessary and we will certainly recognise that we need to adapt to it when it comes, such changes nonetheless tend to make us feel ignorant and highly uncomfortable. We have to treat any new procedural regime as a known unknown, which presents pitfalls for the unwary, at least until we become familiar with it. And in the meantime, a culture of half-knowledge develops, an uncertain and dangerous combination of a little learning, anecdote, and false assumptions. This very often leads to negative over-simplification.’

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UK Human Rights Blog, August 2019

Source: ukhumanrightsblog.com

Expert “failed to provide objective opinion”, says High Court – Litigation Futures

Posted August 27th, 2019 in accountants, bias, evidence, expert witnesses, news by sally

‘An expert witness who said in oral evidence that he saw his role as presenting his side’s case “in the most favourable light” has been criticised by the High Court.’

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Litigation Futures, 27th August 2019

Source: www.litigationfutures.com

Man jailed over Sheffield McDonald’s machete attack – BBC News

Posted August 27th, 2019 in guilty pleas, news, offensive weapons, sentencing, wounding by sally

‘A man has been jailed for 12 years for attacking a man with a machete outside a branch of McDonald’s.’

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BBC News, 23rd August 2019

Source: www.bbc.co.uk

Possession and licensing in Wales – Nearly Legal

Posted August 27th, 2019 in housing, landlord & tenant, licensing, news, repossession, Wales by sally

‘Does failing to be licensed under The Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice? That was the issue in a county court appeal in Evans & Evans v Jarvis, County Court at Swansea, 20 August 2019.’

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Nearly Legal, 26th August 2019

Source: nearlylegal.co.uk

Bitcoin worth £900,000 seized from hacker to compensate victims – The Guardian

Posted August 27th, 2019 in compensation, computer crime, confiscation, cryptocurrencies, electronic commerce, news, proceeds of crime, sentencing by sally

‘A judge has ordered the confiscation of bitcoin worth more than £900,000 from a jailed hacker in the first case of its kind for the Metropolitan police.’

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The Guardian, 23rd August 2019

Source: www.theguardian.com

Simon Dobbin: Brain-damaged football fan’s family want law change – BBC News

Posted August 27th, 2019 in assault, medical treatment, news, sentencing, sport, violent disorder by sally

‘The family of a football fan who suffered horrific injuries at the hands of hooligan opposition fans are campaigning for a change in the law.’

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BBC News, 24th August 2019

Source: www.bbc.co.uk

Unhappy paralegal refused discrimination claim rerun – Legal Futures

Posted August 27th, 2019 in disability discrimination, news, paralegals, retrials by sally

‘An employment tribunal has refused to reconsider a decision that comprehensively rejected a disability discrimination claim brought by a paralegal who worked for well-known personal injury firm Ralli.’

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Legal Futures, 27th August 2019

Source: www.legalfutures.co.uk

Police chief: Attackers of PCs ‘must be jailed, no ifs no buts’ – BBC News

Posted August 27th, 2019 in assault, emergency services, imprisonment, news, sentencing by sally

‘Harsher sentences for people who attack police officers “would be very welcome”, the head of the national body for police bosses has said.’

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BBC News, 25th August 2019

Source: www.bbc.co.uk

Transgender journalist loses discrimination claim against the Times – The Guardian

Posted August 27th, 2019 in employment tribunals, harassment, news, transgender persons, unfair dismissal, victimisation by sally

‘A transgender woman made redundant by the Times has lost an employment tribunal in which she claimed to have experienced discrimination and unfair dismissal.’

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The Guardian, 23rd August 2019

Source: www.theguardian.com

Costs Orders against Lawyers: A line in the sand – Hailsham Chambers

Posted August 23rd, 2019 in costs, damages, malicious prosecution, news, solicitors by sally

‘Imagine a case where lawyers, seek damages on behalf of a client which include their unrecovered costs in earlier litigation where they acted for the same client. If the new claim fails, are they personally liable for the winner’s costs? This was the startling proposition advanced in this case. Rose LJ has said that it is wrong.’

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Hailsham Chambers, 9th August 2019

Source: www.hailshamchambers.com

Adding Insult to Injury – Hailsham Chambers

Posted August 23rd, 2019 in costs, expert witnesses, negligence, news, personal injuries, time limits by sally

‘A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers.’

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Hailsham Chambers, 13th August 2019

Source: www.hailshamchambers.com

How will the UK immigration system cope with no deal Brexit? – Garden Court Chambers

Posted August 23rd, 2019 in appeals, bills, brexit, delay, EC law, freedom of movement, human rights, immigration, news, pilot schemes, statistics by sally

‘UK immigration reform is imminent. The Government’s 2018 White Paper proposals for a new immigration system appear to be here to stay and a no deal Brexit looks more likely than ever.’

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Garden Court Chambers, 22nd August 2019

Source: www.gardencourtchambers.co.uk

Exclusive Jurisdiction for Company Law Claims Under Article 24 (2) of the Brussels I (Recast) Regulation: Akçil and Others v Koza Ltd and Another [2019] UKSC 40 – 39 Essex Chambers

Posted August 23rd, 2019 in appeals, company law, foreign jurisdictions, jurisdiction, news, statutory interpretation, Supreme Court, terrorism by sally

‘On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019] UKSC 40 (see Supreme Court judgment) unanimously overturning the decision of the Court of Appeal ([2017] EWCA Civ 1609) regarding the interpretation of the the exclusive company law jurisdictional provisions in Article 24(2) of the Brussels I (Recast) Regulation (1215/2012).’

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39 Essex Chambers, 2nd August 2019

Source: www.39essex.com

“The Trouble with Release Under Investigation”. Lesley Bates writes about the impact of release under investigation upon a client acquitted 828 days after his arrest – 23 Essex Street

Posted August 23rd, 2019 in bail, delay, news, rape, school children, sexual offences, young offenders by sally

‘Changes to the use of police bail were designed to prevent suspects remaining on pre-charge bail for months on end pending investigation and decision about charge. Criticism of the use of Release Under Investigation (‘RUI’) has mostly focussed on the high numbers of suspects it is used for, the sharp fall in charging decisions and the fewer cases reaching court.’

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23 Essex Street, 20th August 2019

Source: www.23es.com

The Caparo Illusion: The Three-Stage Test Has Gone. What Happens Next? – 4 New Square

Posted August 23rd, 2019 in appeals, duty of care, negligence, news, Supreme Court by sally

‘In Robinson v. Chief Constable of West Yorkshire Police [2014] EWCA Civ 15 the Court of Appeal held that “the Caparo test applies to all claims in the modern law of negligence”. By the time the case reached the Supreme Court that well-known three-stage test had been held to be of no practical application. How and why did this volte-face occur? And where does that leave lawyers and judges when deciding whether a duty of care is owed or not? Mark Cannon QC and Joshua Folkard discuss.’

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4 New Square, 13th August 2019

Source: www.4newsquare.com