Ex-prisoner fails to halt police DNA-collection programme – The Guardian

“A former prisoner has failed in a legal challenge that could have forced police to destroy thousands of DNA samples collected from those convicted of serious crimes before 1994.”

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The Guardian, 24th September 2013

Source: www.guardian.co.uk

What Are Care Proceedings For? – Lady Hale

Posted September 19th, 2013 in care orders, children, families, judges, news, parental rights, proportionality, speeches by sally

What Are Care Proceedings For? (PDF)

Zenith Chambers Munkman Lecture, 16th September 2013

Source: www.zenithchambers.co.uk

Paedophile loses bank rule challenge – BBC News

Posted September 18th, 2013 in appeals, banking, child abuse, disclosure, news, police, privacy, proportionality, sexual offences by sally

“A convicted paedophile has lost a legal challenge against rules requiring him to disclose bank details to police.”

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BBC News, 18th September 2013

Source: www.bbc.co.uk

Mark Elliott: Justification, Calibration and Substantive Judicial Review: Putting Doctrine in its Place – UK Constitutional Law Group

Posted September 18th, 2013 in human rights, judicial review, news, parliament, proportionality, rule of law by sally

“To observe that substantive judicial review—and the notions of proportionality and deference in particular—constitute well-trodden ground would be to engage in reckless understatement. And that, in turn, might suggest that there is nothing more that can usefully be said about these matters. Yet the debate in this area of public law remains vibrant—and for good reason. Like the controversy about the foundations of judicial review in which many public lawyers engaged energetically over a decade ago, the controversy about substantive review is ultimately a manifestation of underlying disagreements concerning the nature, status and interaction of fundamental constitutional principles, including the rule of law, the separation of powers and the sovereignty of Parliament. It is hardly surprising, then, that questions about the intensity of review and (what amounts to the reverse side of the same coin) deference remain under active discussion long after the debate was ignited by the entry into force of the Human Rights Act 1998.”

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UK Constitutional Law Group, 17th September 2013

Source: www.ukconstitutionallaw.org

A fairer civil future? – New Law Journal

Posted September 12th, 2013 in case management, civil justice, civil procedure rules, costs, news, proportionality by tracey

“Mohammed Saleem Tariq & Anton van Dellen reflect on the early days of the Jackson reforms.”

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New Law Journal, 6th September 2013

Source: www.newlawjournal.co.uk

‘Kettled’ protester loses High Court compensation case – BBC News

Posted September 12th, 2013 in compensation, demonstrations, false imprisonment, news, police, proportionality by tracey

“A man who was ‘kettled’ during a protest in central London has lost his damages claim against the Met.”

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BBC News, 11th September 2013

Source: www.bbc.co.uk

Council must pay compensation as Ombudsman find faults in planning permission process – OUT-LAW.com

Posted August 30th, 2013 in civil procedure rules, news, proportionality, sanctions, time limits by sally

“The Local Government Ombudsman has said that a local authority failed properly to assess an application for planning permission against planning policies and has ordered that compensation be paid to householders.”

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OUT-LAW.com, 29th August

Source: www.out-law.com

The Curious Case of Bank Mellat – Dyers Chambers

“On 19 June 2013, the Supreme Court gave judgment in the case of Bank Mellat v HM Treasury (No. 1) and (No. 2). Gavin Irwin reviews the latest developments in the deployment of sanctions against Iran and the tensions that can arise between international organisations, nation states and commercial entities.”

Full story (PDF)

Dyers Chambers, 11th July 2013

Source: www.dyerschambers.com

Regina v Sale – WLR Daily

Regina v Sale [2013] EWCA Crim 1306; [2013] WLR (D) 304

“Where the defendant was the sole shareholder of a company for which he had secured commercial contracts by corruption, the assessment of the defendant’s criminal benefit for the purposes of a confiscation order could not be based on the turnover from the contracts because that would be disproportionate but should be restricted to the gross profit earned by the company together with any other pecuniary advantage which flowed from the corruption.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Children: Public Law Update (July 2013) – Family Law Week

Posted July 25th, 2013 in adoption, children, costs, expert witnesses, news, proportionality, witnesses by tracey

“John Tughan, barrister of 4 Paper Buildings, examines some important recent judgments of particular interest to public law children lawyers.”

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Family Law Week, 24th July 2013

Source: www.familylawweek.co.uk

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council – WLR Daily

Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council: [2013] EWCA Civ 804; [2013] WLR (D) 297

“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Beware the overriding objective! – New Law Journal

Posted July 23rd, 2013 in budgets, civil procedure rules, costs, news, proportionality by tracey

“Dominic Regan calls attention to the revised CPR 1.”

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New Law Journal, 22nd July 2013

Source: www.newlawjournal.co.uk

Regina (Minter) v Chief Constable of Hampshire Constabulary – WLR Daily

Regina (Minter) v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 697; [2013] WLR (D) 289

“A convicted sex offender on whom an extended sentence was passed pursuant to section 85(2) of the Powers of Criminal Courts (Sentencing) Act 2000 became subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 for an indefinite period under section 82(1) of the 2003 Act, if the aggregate of the custodial term and the extension period was 30 months or more, even if the custodial term was less than 30 months.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department – WLR Daily

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin); [2013] WLR (D) 280

“When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Sacked chief constables could launch human rights claim, says watchdog – Daily Telegraph

Posted July 12th, 2013 in human rights, local government, news, police, proportionality, unfair dismissal by tracey

“Chief constables who are forced out of their jobs by police and crime commissioners could launch claims under the European Convention on Human Rights, a watchdog has said.”

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Daily Telegraph, 11th July 2013

Source: www.telegraph.co.uk

Convicted murderers win Article 3 case against whole life sentences in Strasbourg – UK Human Rights Blog

Posted July 10th, 2013 in appeals, human rights, murder, news, proportionality, sentencing by sally

“The Strasbourg Court has upheld three applicants’ complaint that their imprisonment for life amounted to inhuman and degrading treatment as they have no hope of release.”

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UK Human Rights Blog, 9th July 2013

Source: www.ukhumanrightsblog.com

Whole-life jail terms with no review breach human rights, European court rules – The Independent

Posted July 10th, 2013 in appeals, human rights, murder, news, proportionality, sentencing by sally

“European Court of Human Rights rules that sentences for prisoners with no chance of release violate European convention – but ruling does not mean they should be freed any earlier.”

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The Independent, 9th July 2013

Source: www.independent.co.uk

Jeremy Bamber among Britain’s most notorious murderers to challenge whole-life sentences in European courts – The Independent

Posted July 9th, 2013 in human rights, murder, news, proportionality, sentencing by sally

“Strasbourg’s human rights’ court is due to issue a judgement this week on a highly controversial case brought by three of Britain’s most notorious murderers.”

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The Independent, 8th July 2013

Source: www.independent.co.uk

McFail – NearlyLegal

“This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and occupiers of private land. Despite Sir Alan Ward’s opening, the case falls short of being that, as we shall see.”

Full story

NearlyLegal, 7th July 2013

Source: www.nearlylegal.co.uk

The foreign rioter we cannot deport because of his ‘right to family life’ – Daily Telegraph

“Lawyers for Derrick Kinsasi successfully argued that sending him back to the Democratic Republic of Congo (DRC) would breach his ‘right to family life’ under Labour’s Human Rights Act, even though he is unmarried and has no children.”

Full story

Daily Telegraph, 5th July 2013

Source: www.telegraph.co.uk

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