‘David Bedingfield, barrister, 4 Paper Buildings, considers conflicting judicial attitudes to the vexed question of rights to privacy in financial remedies proceedings.’
Family Law Week, 1st October 2015
Source: www.familylawweek.co.uk
‘This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came into force on 28th July 2014, provides the Home Office the power to certify human rights claims made by people liable to deportation, so they are not entitled to an appeal within the UK. Instead they are expected to bring their appeal from the country in which the Home Office propose deportation. This logic has been catchily titled “deport first, appeal later” and the Conservatives pledged in their manifesto to roll it out for all immigration appeals. Indeed, the Immigration Bill 2015, published last week on 17th September, does just that.’
Free Movement, 25th September 2015
Source: www.freemovement.org.uk
‘The courtroom divorce battle between Liam Gallagher and Nicole Appleton has triggered a landmark legal dispute over what can be reported in the public’s interest from the family courts.’
The Guardian, 22nd September 2015
Source: www.guardian.co.uk
‘Channel 4 has asked the broadcasting regulator, Ofcom, to investigate a cash-for-access sting on two former foreign secretaries after criticism over its reporting of the allegations. The parliamentary commissioner for standards cleared Sir Malcolm Rifkind and Jack Straw, and said the damage done to the former MPs could have been avoided if Channel 4’s Dispatches and the Daily Telegraph had accurately reported the exchanges they had filmed.’
The Guardian, 17th September 2015
Source: www.guardian.co.uk
‘On 3rd September 2015 the news reported the case of a 14 year old boy who took a naked photo of himself before sending it to a female classmate via Snapchat (a smartphone application that deletes a message or a photograph 10 seconds after it has been read). She took a screenshot of the photo and decided to send it to other people at school. A police officer based at the school became aware of the photo however. It was decided (obviously correctly) that it was not in the public interest to prosecute. However, he did have “the crime of making and distributing indecent images recorded against him”. It seems that this was a mandatory consequence of it coming to the notice of officialdom.’
Halsbury’s Law Exchange, 6th September 2015
Source: www.halsburyslawexchange.co.uk
‘On 3rd September 2015 the news reported the case of a 14 year old boy who took a naked photo of himself before sending it to a female classmate via Snapchat (a smartphone application that deletes a message or a photograph 10 seconds after it has been read). She took a screenshot of the photo and decided to send it to other people at school.’
Halsbury’s Law Exchange, 6th September 2015
Source: www.halsburyslawexchange.co.uk
‘Businesses are not expected to scour the internet and other sources to check whether there is any information that, when linked with personal data they hold, would mean the data they hold is in fact sensitive personal data, according to a new UK ruling.’
OUT-LAW.com, 1st September 2015
Source: www.out-law.com
‘Lord Janner is expected to appear in court to face child abuse charges after his lawyers lost a High Court bid to prevent him having to attend.’
The Independent, 14th August 2015
Source: www.independent.co.uk
‘Lord Janner should not appear in court to answer charges of child sex abuse because it would be a breach of his human rights, his lawyer has argued.’
The Independent, 11th August 2015
Source: www.independent.co.uk
‘A judge has refused to allow the media to name a 14-year-old boy who admitted stabbing his teacher, saying the teenager’s welfare had to come before public interest in his crime.’
The Guardian, 10th August 2015
Source: www.guardian.co.uk
‘The right to be forgotten is beginning to generate some litigation, albeit not yet with any blaze of glory. Following on from the attempt to judicially review the ICO for refusing to try and enforce an individual’s complaint that his data rights were being breached (see here), earlier this week a claimant failed to get his right to be forgotten claim to fly before the Nottingham County Court.’
Panopticon, 31st July 2015
Source: www.panopticonblog.com
‘A man involved in a £51m VAT scam has lost a legal bid to have news stories about him removed from Google under the so-called “right to be forgotten”.’
Full story
BBC News, 30th July 2015
Source: www.bbc.co.uk
‘Not everything that may be interesting to the public is likely to be ‘in the public interest’. But is that a commonly held or understood view? Does the retention of a subjective test in s.43B(1) of the Employment Rights Act 1996 (detriment due to the making of a ‘public interest’ disclosure) mean that the purpose of the 2013 amendment to that section will not always achieve the intended aim?’
Full story
No. 5 Chambers, 30th July 2015
Source: www.no5.com
‘The apparently endless APPGER litigation has produced yet another decision of the Upper Tribunal for seasoned FOIA watchers, which amongst some very fact-specific issues, also contains two important clarifications of law: APPGER v ICO & FCO [2015] UKUT 377 (AAC).’
Panopticon, 23rd July 2015
Source: www.panopticonblog.com
‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’
OUT-LAW.com, 9th July 2015
Source: www.out-law.com
‘Tom Wilson, pupil barrister at 1 Garden Court Family Law Chambers, examines the arguments in favour of greater transparency in the family justice system but sounds a note of caution.’
Family Law Week, 9th July 2015
Source: www.familylawweek.co.uk
‘Yesterday’s U-turn concerning the decision to prosecute Lord Janner for alleged child sex offences has thrown a spotlight onto a procedure in English criminal law called the “trial of the act”. What is this procedure and what purpose does it serve? And why has its application to Lord Janner’s case proved controversial?’
Crimeline, 30th June 2015
Source: www.crimeline.info
‘The decisions that led to a terrorism suspect being prosecuted in conditions of almost unprecedented secrecy raise “really difficult constitutional issues” about the independence of prosecutors from government, the head of the judiciary in England and Wales warned on Wednesday.’
The Guardian, 1st July 2015
Source: www.guardian.co.uk
‘The government should address the core allegations of 12 claimants who say they were kidnapped, tortured, subject to control orders or tricked into travelling to Libya where they were detained or mistreated, a high court judge has said.’
The Guardian, 1st July 2015
Source: www.guardian.co.uk
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