18/05/2020 – Page 2 – Current Awareness

ZXC v Bloomberg: privacy expectations about criminal investigations – Panopticon

Posted May 18th, 2020 in appeals, chambers articles, disclosure, freedom of expression, injunctions, media, news, police, privacy by sally

‘The Court of Appeal has today given judgment in the long-running ZXC v Bloomberg litigation ([2020] EWCA Civ 611). The key points:

1. In general, a person does have a reasonable expectation of privacy about the fact that/details of their being subject to a police investigation, up to the point of charge.
2. Reporting about alleged conduct is different from reporting about a criminal investigation into that conduct.’

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Panopticon, 15th May 2020

Source: panopticonblog.com

Government faces legal action over refusal to publish Sage minutes – The Guardian

Posted May 18th, 2020 in coronavirus, disclosure, emergency powers, freedom of movement, government departments, judicial review, news, ultra vires by sally

‘A millionaire businessman is launching legal action against the government after it refused to disclose minutes of the Sage meetings that informed its decision to impose the coronavirus lockdown.’

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The Guardian, 16th May 2020

Source: www.theguardian.com

Covid-19 and Suspended Sentences – A Court of Appeal Judgment: R v Christopher Manning [2020] EWCA Crim 592 – St Philips Barristers

Posted May 18th, 2020 in appeals, chambers articles, coronavirus, criminal justice, news, prisons, sentencing, suspended sentences by sally

‘While the Lord Chief Justice and the Lord Chancellor have announced that jury trials will commence this month, we are far from the pandemic’s conclusion. This fear is felt all the more by defendants facing sentencing hearings. Regardless of whether an offence was committed prior to the crisis, or in the currency, it does not change the new threat that an immediate custodial sentence brings – one of health.’

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St Philips Barristers, 13th May 2020

Source: st-philips.com

Presence of shielding QC at in-person hearing “not essential” – Legal Futures

Posted May 18th, 2020 in barristers, coronavirus, families, family courts, health, health & safety, news, remote hearings by sally

‘The physical presence in a sensitive family case of leading counsel shielding from Covid-19 was desirable but “not essential”, a High Court judge has ruled in ordering an in-person hearing.’

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Legal Futures, 18th May 2020

Source: www.legalfutures.co.uk

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

Posted May 18th, 2020 in armed forces, chambers articles, courts martial, criminal justice, jurisdiction, news, rape, sexual offences by sally

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

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Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk

Protecting our young – ensuring our future – Counsel

Posted May 18th, 2020 in barristers, coronavirus, courts, health, health & safety, news, young persons by sally

‘Young barristers want to be in court but they do not want this at the expense of their health or the expense of their clients, writes Katherine Duncan.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

Making defendants state nationality is ‘racialising’ UK courts – report – The Guardian

Posted May 18th, 2020 in courts, criminal justice, disclosure, equality, legal profession, news, race discrimination, statistics by sally

‘The impartiality of the criminal justice system is being undermined by the requirement that defendants declare their nationality at the start of proceedings, a report into the legislation has said.’

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The Guardian, 18th May 2020

Source: www.theguardian.com