Whistleblowers’ lawyers “fear retaliation” over NDAs – Legal Futures

‘Lawyers acting for whistleblowers have told MPs and peers that they can feel intimidated to raise concerns over non-disclosure agreements (NDAs) because of the threat of retaliation.’

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Legal Futures, 23rd July 2020

Source: www.legalfutures.co.uk

Christopher Kapessa river death: No prosecution decision upheld – BBC News

‘A 14-year-old boy who pushed a boy, 13, into a river before he died will not be prosecuted, a review has concluded.’

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BBC News, 20th July 2020

Source: www.bbc.co.uk

Stevie Martin: Bullying, threatening and animus: what remains of the rule against apparent bias following the Supreme Court’s judgment in Serafin? – UK Constitutional Law Association

‘At the heart of the Supreme Court judgment in Serafin v Malkiewicz was the question of whether the Court of Appeal was correct in finding that the defamation proceedings before Justice Jay had been unfair (though the Court’s reasons with respect to the public interest defence under s 4 of the Defamation Act 2013 are also profoundly significant).’

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UK Constitutional Law Association, 22nd July 2020

Source: ukconstitutionallaw.org

New Judgment: Serafin v Malkiewicz & Ors [2020] UKSC 23 – UKSC Blog

‘Serafin had sued Malkiewicz & Ors for libel in respect of an article they had published about him in Nowy Czas, a newspaper addressing issues of interest to the Polish community in the UK. The Court of Appeal found that the conduct of the trial by Mr Justice Jay in the High Court had been unfair towards the claimant and allowed the claimant’s appeal. The defendants appealed against that finding to the Supreme Court. They also challenged the Court of Appeal’s analysis of the effect of the Defamation Act 2013, S4, which sets out “the public interest defence” to a defamation claim.’

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UKSC Blog, 3rd June 2020

Source: ukscblog.com

“Hostile” judge harassed litigant in person, Supreme Court rules – Litigation Futures

‘A High Court judge “harassed and intimidated” a litigant in person in ways which “surely would never have occurred if the claimant had been represented”, the Supreme Court has ruled.’

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Litigation Futures, 3rd June 2020

Source: www.litigationfutures.com

Supreme court orders libel case retrial over judge’s ‘barrage of hostility’ – The Guardian

‘The supreme court has ordered the re-trial of a long-running libel case after finding that a high court judge, Mr Justice Jay, subjected the unrepresented claimant to a “barrage of hostility” and offensive language.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Call for review of regulator costs in unsuccessful prosecutions – Legal Futures

‘The Law Commission should review whether regulators such as the Solicitors Regulation Authority (SRA) should be insulated from costs orders in disciplinary actions they lose, a Court of Appeal judge has suggested.’

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Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

Judge names council after deciding knowledge of its social services failures in care case outweighed risk of jigsaw identification of children – Local Government Lawyer

‘A judge has severely criticised the London Borough of Haringey’s child social services department, after deciding to name the council following an appeal by the Press Association over an earlier anonymity order.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Suspect under investigation has reasonable expectation of privacy, CoA rules – Law Society’s Gazette

‘Individuals under investigation by law enforcement bodies have a reasonable expectation of privacy up to the point they are charged, the Court of Appeal has confirmed. Dismissing an appeal by a news agency barred from revealing the identity of a US businessman identified in documents concerning a bribery probe, the court ruled that the fact that an individual is the subject of a criminal investigation is genuinely of a different character from allegations about the conduct being investigated.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

Duchess of Sussex: Mail on Sunday wins first round in Meghan privacy case – BBC News

‘The Mail on Sunday has won the first round of a legal battle against the Duchess of Sussex over the publication of a letter she wrote to her father.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

Prosecuting Domestic Violence – New Law Journal

‘On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.’

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New Law Journal, 26th March 2020

Source: www.newlawjournal.co.uk

Ealing rape victim’s family donate £10,000 to legal claim against CPS – The Guardian

‘The family of Jill Saward, the Ealing rape victim who became a leading figure in the fight against sexual violence, has donated thousands of pounds to a legal challenge against the Crown Prosecution Service.’

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The Guardian, 14th March 2020

Source: www.theguardian.com

Caroline Flack: Who decides whether someone should go on trial? – BBC News

Posted February 18th, 2020 in assault, domestic violence, news, prosecutions, public interest by sally

‘TV presenter Caroline Flack was found dead in her home on Saturday, weeks before she was due to stand trial for assaulting her boyfriend, Lewis Burton.’

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BBC News, 17th February 2020

Source: www.bbc.co.uk

‘Boy B’ in Yousef Makki case identity revealed – BBC News

‘A teenager cleared of lying to police over the fatal stabbing of a schoolboy can be named after losing a High Court bid to protect his anonymity.’

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BBC News, 11th February 2020

Source: www.bbc.co.uk

Yousef Makki: Boy B loses bid to keep identity secret – BBC News

‘A teenager cleared of lying to police over the fatal stabbing of 17-year-old Yousef Makki has lost a High Court bid to protect his identity.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk

Cybercrime laws need urgent reform to protect UK, says report – The Guardian

Posted January 22nd, 2020 in computer crime, internet, news, public interest, statute law revision by sally

‘Britain’s cyber-defences are being endangered by the outdated Computer Misuse Act, which prevents investigators from dealing effectively with online threats while over-punishing immature defendants, according to a legal report.’

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The Guardian, 22nd January 2020

Source: www.theguardian.com

Exclusive: ‘perverse incentive’ contributed to slump in rape charges – Law Society’s Gazette

‘An undisclosed Crown Prosecution Service (CPS) target may be behind huge declines in numbers of rape suspects charged since 2016, the Gazette can reveal.’

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Law Society's Gazette, 13th November 2019

Source: www.lawgazette.co.uk

Secretary “humiliated” by comments on 50th birthday loses claim against law firm – Legal Futures

‘A legal secretary who claimed she felt humiliated and insulted by a colleague commenting on her 50th birthday has lost her claim for harassment and age discrimination against the law firm.’

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Legal Futures, 8th November 2019

Source: www.legalfutures.co.uk

Bail changes to be reviewed after suspected rapists, murders and paedophiles released without restrictions – The Independent

‘Bail changes made by the Conservative government are being reviewed after the release of thousands of suspected violent criminals, paedophiles and rapists.’

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The Independent, 6th November 2019

Source: www.independent.co.uk

When to assess the public interest in a FOIA request? Four years ago says Upper Tribunal in Maurizi – Panopticon

Posted October 24th, 2019 in Crown Prosecution Service, freedom of information, news, public interest by sally

‘For four years, Italian journalist Stefania Maurizi has been fighting a FOIA battle for the release of correspondence held by the CPS concerning Wikileaks founder, Julian Assange.’

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Panopticon, 23rd October 2019

Source: panopticonblog.com