Robert Craig: The Peter Hain Case: The Effect of Article IX – UK Constitutional Law Association

‘Peter Hain’s decision to breach an interim injunction granted by the Court of Appeal in the case of ABC v Telegraph Media Group has caused serious concern. It is one of the cardinal rules in Parliament that members should not interfere in ongoing legal proceedings and Hain did not wait until the end of the proceedings before breaching this injunction, even though the case had been scheduled for an early full hearing. He does not appear even to have read the court judgment he saw fit to overrule, effectively.’

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UK Constitutional Law Association, 31st October 2018

Source: ukconstitutionallaw.org

Stephen Tierney: Governing Northern Ireland without an Executive: Quick Fix or Constitutional Minefield? – UK Constitutional Law Association

Posted October 31st, 2018 in bills, civil servants, constitutional law, news, Northern Ireland, public interest by sally

‘The Northern Ireland (Executive Formation and Exercise of Functions) Bill, which arrives in the House of Lords today, is set to be enacted by way of fast-track legislative procedure this week. The Bill intends to facilitate the formation of an Executive in Northern Ireland while providing for the exercise of executive functions by civil servants in the interim. In effect, the Bill suspends the statutory duty on the Secretary of State to call a Northern Ireland Assembly election. This is little more than a continuation of the present situation in which the UK Government has kept administration in Northern Ireland ticking over since March 2017. Much more controversially, the Bill gives civil servants within Northern Ireland departments general powers for the administration of Northern Ireland, introducing a public interest test for the exercise of these powers.’

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UK Constitutional Law Association, 30th October 2018

Source: ukconstitutionallaw.org

Philip Green and non-disclosure agreements: do we have a right to know? – UK Human Rights Blog

‘The circumstances in which a court should prevent the press from reporting information about famous people has long provoked debate. The decision of the Court of Appeal in ABC & Ors v Telegraph Media Group Ltd [2018] EWCA Civ 2329 is no exception, attracting extensive press coverage and comment from the #MeToo movement.’

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UK Human Rights Blog, 30th October 2018

Source: ukhumanrightsblog.com

Labour peer Peter Hain defends decision to expose Philip Green as businessman accused of sexual harassment – The Independent

‘Peter Hain has defended his decision to use parliamentary privilege to name Sir Philip Green as the businessman at the centre of a row over allegations of sexual harassment and racial abuse.’

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The Independent, 26th October 2018

Source: www.independent.co.uk

Reporting restrictions on Bethany’s dad – children’s rights or concealing system failure? – Transparency Project

‘On Saturday, the Times reported: ‘Father beats legal bid to silence him over autistic girl in hospital “cell” ‘ [paywall]. Social affairs editor, Greg Hirst, reported that Jeremy (who is not using his surname publicly) succeeded in contesting an application by Walsall Metropolitan County Borough Council for an injunction to stop his social media campaign that is drawing attention to the plight of his 17-year-old-daughter.’

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Transparency Project, 16th October 2018

Source: www.transparencyproject.org.uk

Rejection of unaccompanied asylum seeking children unlawful for lack of reasons – Court of Appeal – UK Human Rights Blog

‘Help Refugees Ltd, R (on the application of) v Secretary of State for the Home Secretary [2018] EWCA Civ 2098. This was an appeal by Help Refugees Ltd against the refusal of its application for judicial review of the secretary of state’s consultation process regarding the relocation of unaccompanied asylum-seeking children under Section 67 of the Immigration Act 2016.’

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UK Human Rights Blog, 4th October 2018

Source: ukhumanrightsblog.com

Conveyancers liable for registration error despite mortgage fraud – Legal Futures

Posted September 14th, 2018 in conveyancing, fraud, mortgages, negligence, news, public interest by tracey

‘There is “no public interest” in allowing a negligent conveyancer to avoid liability when they did not know that their client was actually engaged in mortgage fraud, the Court of Appeal has ruled.’

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Legal Futures, 14th September 2018

Source: www.legalfutures.co.uk

BBC calls on government to clarify privacy law – Law Society’s Gazette

Posted August 16th, 2018 in BBC, costs, freedom of expression, media, news, privacy, public interest by sally

‘The BBC today admitted that the way it reported the police raid on the home of Sir Cliff Richard will make it hard to persuade the Court of Appeal that the High Court was wrong to award the singer heavy damages last month for breach of privacy. Announcing that it will not seek leave to appeal the judgment in Sir Cliff Richard OBE v British Broadcasting Corporation the BBC called on the government to clarify the balance between the rights to privacy and free expression.’

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Law Society's Gazette, 15th August 2018

Source: www.lawgazette.co.uk

Sir Cliff Richard privacy case: BBC will not go to Court of Appeal – BBC News

Posted August 16th, 2018 in appeals, BBC, freedom of expression, media, news, public interest by sally

‘The BBC will not challenge a ruling over its coverage of a police raid at Sir Cliff Richard’s home in 2014 at the Court of Appeal.’

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BBC News, 15th August 2018

Source: www.bbc.co.uk

Media experts alarmed at consequences of Cliff Richard ruling – The Guardian

Posted July 19th, 2018 in BBC, media, news, police, privacy, public interest by tracey

‘When he emerged from court on Wednesday after a judge ruled in his favour in one of the most carefully watched media law cases of the year, Sir Cliff Richard declared himself delighted at what he saw as a vital victory over the BBC. But while there is no doubt that the decision is a blow to the corporation, the case sets a wider precedent, too – and one that experts say could have a substantial impact on the future media coverage of criminal cases.’

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The Guardian, 18th July 2018

Source: www.theguardian.com

Council not required to disclose advice of independent person: Tribunal – Local Government Lawyer

‘Stratford-on-Avon District Council need not disclose advice given by an independent person in a case over a councillor’s conduct, the First-Tier Tribunal (FTT) has said.’

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Local Government Lawyer, 10th July 2018

Source: www.localgovernmentlawyer.co.uk

Here’s another Jeremy Thorpe scandal – its chilling legacy in law – Geoffrey Robertson – The Guardian

‘I defended the New Statesman during the legal fallout of the 1970s scandal. But ultimately a veil of secrecy was drawn over the British jury system.’

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The Guardian, 2nd June 2018

Source: www.theguardian.com

Competing private and public interests in suspension and investigation – UK Police Law Blog

Posted May 17th, 2018 in disciplinary procedures, news, police, public interest by tracey

‘R (Birks) v Commissioner of Police of the Metropolis [2018] EWHC 807 (Admin) is the case of an officer who wanted to resign in order to take up a position as a minister in the Church of England. He was suspended and not permitted to resign, so that the IPCC (as it then was) could investigate his conduct in connection with the arrest of Sean Rigg who died in custody at Brixton Police Station in 2008.’

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UK Police Law Blog, 14th May 2018

Source: ukpolicelawblog.com

Important public interest matters to be aired in Paradise Papers trial, says judge – The Guardian

Posted May 3rd, 2018 in BBC, disclosure, documents, law firms, media, news, public interest by tracey

‘Important matters of public interest are likely to be aired in a trial that has been brought against the Guardian and the BBC for their reporting of the Paradise Papers investigation, a senior judge has said.’

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The Guardian, 2nd May 2018

Source: www.theguardian.com

IPSO finds against Telegraph over publication of child’s image – Daily Telegraph

Posted April 26th, 2018 in children, codes of practice, media, news, photography, privacy, public interest by sally

‘Eloise Dixon complained to the Independent Press Standards Organisation that the Daily Telegraph breached Clause 6 (Children) of the Editors’ Code of Practice in an article headlined “British tourist shot in favela in Rio ‘too scared’ to speak to police”, published on 9 August 2017.’

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Daily Telegraph, 26th April 2018

Source: www.telegraph.co.uk

Prejudice to commercial interests – Local Government Law

Posted April 23rd, 2018 in disclosure, freedom of information, news, public interest by tracey

‘In Case No. EA/2017/0057, Hartlepool Borough Council v The Information Commissioner, the FTT was concerned with whether under FoIA Section 43(2) disclosure would or would be likely to prejudice the commercial interests of any party and if so whether the public interest in maintaining that exemption outweighs the public interest in disclosure. The FTT upheld the Commissioner’s Decision that the disputed information must be disclosed. The Borough Council’s Appeal was dismissed.’

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Local Government Law, 18th April 2018

Source: local-government-law.11kbw.com

Tribunal: journalist entitled to obtain tax appeal documentation – OUT-LAW.com

Posted April 16th, 2018 in disclosure, documents, media, news, public interest, reporting restrictions, taxation by tracey

‘A journalist should generally be entitled to obtain copies of documentation lodged with the tribunal as part of a tax appeal, including the grounds of appeal and the response of HM Revenue and Customs (HMRC), the Upper Tribunal (UT) has ruled.’

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OUT-LAW.com, 13th April 2018

Source: www.out-law.com

Cliff Richard case ‘likely to have massive implications’ – BBC News

‘When South Yorkshire Police raided Sir Cliff Richard’s home in August 2014, he was in Portugal, but the BBC was outside, with a helicopter standing by.’

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BBC News, 12th April 2018

Source: www.bbc.co.uk

The ‘reasonable citizen’ — Sergei Skripal – UK Human Rights Blog

‘In Secretary of State for the Home Department v Sergei Skripal [2018] EWCOP 6, Mr Justice Williams made a best interests decision that blood samples could be taken by the Organisation for the Prohibition of Chemical Weapons from Sergei and Yulia Skirpal in order that the Organisation for the Prohibition of Chemical Weapons (OCPW) could undertake their own analysis to find evidence of possible nerve agents. Both Sergei and Yulia were and remain unconscious and in a critical condition, and were unable to consent to such blood samples being taken.’

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UK Human Rights Blog, 26th March 2018

Source: ukhumanrightsblog.com

Pilot charged with manslaughter over Shoreham Airshow disaster which killed 11 people – Daily Telegraph

Posted March 23rd, 2018 in aircraft, homicide, negligence, news, prosecutions, public interest by tracey

‘The pilot of an aircraft which crashed and killed 11 people has been charged with 11 counts of manslaughter by gross negligence.’

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Daily Telegraph, 21st March 2018

Source: www.telegraph.co.uk