Discrimination between public and private personal data contrary to balanced rights, ECJ rules – OUT-LAW.com

Posted November 28th, 2011 in data protection, EC law, news, privacy by sally

“EU member states cannot generally prohibit organisations’ legitimate and necessary but unauthorised processing of personal data where the information is not stored in specified public sources, the European Court of Justice (ECJ) has said.”

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OUT-LAW.com, 28th November 2011

Source: www.out-law.com

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Inside the courts: what happens to defendants, visualised – The Guardian

Posted November 28th, 2011 in criminal justice, news, statistics by sally

“The criminal justice system of England and Wales sentenced over two million people in the twelve months to June this year. So, what happened to them in the courts? Thanks to the huge Ministry of Justice data releases of last week, we can now show how many people go through each leg of the system, from first appearance in magistrates’ court to sentencing in Crown court. This is the solar system of criminal justice. Click the circles below to see how it works.”

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The Guardian, 28th November 2011

Source: www.guardian.co.uk

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Regina v H(J); Regina v Ferris; Same v W(A); Same v Walker; Same v Dan; Same v S(C); Same v Robertson; Same v P(M) – WLR Daily

Posted November 28th, 2011 in law reports, sentencing, sexual offences by sally

Regina v H(J); Regina v Ferris; Same v W(A); Same v Walker; Same v Dan; Same v S(C); Same v Robertson; Same v P(M) [2011] EWCA Crim 2753; [2011] WLR (D) 342

“In principle, in historic or cold cases, a defendant had to be sentenced in accordance with the sentencing regime applicable at the date of sentence. Nevertheless, as the offence which he had committed years earlier contravened the criminal law in force at the date when it was committed a defendant was liable to be convicted of that offence and no other and therefore the sentence was limited to the maximum sentence then available for the offence of which he had been convicted.”

WLR Daily, 24th November 2011

Source: www.iclr.co.uk

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Sharma and another v Simposh Ltd – WLR Daily

Posted November 28th, 2011 in deposits, law reports, repayment, sale of land by sally

Sharma and another v Simposh Ltd [2011] EWCA Civ 1383; [2011] WLR (D) 341

“Property in a deposit could pass to the vendor notwithstanding that the sale contract was void for non-compliance with the formal requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, provided that the payment was not intended to be conditional upon completion of the transaction; and the vendor could retain the deposit if the purchaser had received the expected benefit.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

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Judge orders review of ‘explosive’ documents that could clear Kevin Lane – The Guardian

Posted November 28th, 2011 in appeals, Criminal Cases Review Commission, murder, news by sally

“The court of appeal has instructed the Criminal Cases Review Commission (CCRC) to investigate the authenticity of ‘explosive’ documents in the case of Kevin Lane, jailed for life for a 1994 hitman murder. Lord Justice Hughes has asked the CCRC to deliver a progress report on this and other aspects of the case by the end of January.”

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The Guardian, 28th November 2011

Source: www.guardian.co.uk

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BAILII: Recent Decisions

Posted November 28th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Modaresi, R (on the application of) v Secretary of State for Health & Ors [2011] EWCA Civ 1359 (23 November 2011)

High Court (Queen’s Bench Division)

Davison v Habeeb & Ors [2011] EWHC 3031 (QB) (25 November 2011)

Eden v Rubin [2011] EWHC 3090 (QB) (24 November 2011)

High Court (Administrative Court)

Harvey v Director of Public Prosecutions [2011] EWHC B1 (Admin) (17 November 2011)

J, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3073 (Admin) (24 November 2011)

AO & Anor, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3088 (Admin) (25 November 2011)

Green, R (on the application of) v Somerset County Council [2011] EWHC 2687 (Admin) (16 November 2011)

High Court (Chancery Division)

The Funding Corporation Block Discounting Ltd v Lexi Holdings Plc & Anor [2011] EWHC 3101 (Ch) (25 November 2011)

High Court (Commercial Court)

WS Tankship II BV v The Kwangju Bank Ltd & Anor [2011] EWHC 3103 (Comm) (25 November 2011)

Source: www.bailii.org

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Staff at fault for workplace injuries to be blocked from suing companies – Daily Telegraph

Posted November 28th, 2011 in employment, health & safety, negligence, news by sally

“Irresponsible workers who are injured at work because of their own mistakes should not be able to sue their employers for damages, a review of health and safety rules will say next week.”

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Daily Telegraph, 25th November 2011

Source: www.telegraph.co.uk

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Two strikes you’re out: new sentencing proposals – Halsbury’s Law Exchange

Posted November 28th, 2011 in news, sentencing by sally

“The Home Secretary, Ken Clarke, has expressed the laudable sentiment that his new proposals for amending the current sentencing regime will restore ‘clarity, coherence and common sense to sentencing.’”

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Halsbury’s Law Exchange, 25th November 2011

Source: www.halsburyslawexchange.co.uk

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Law graduates face a bleak future at the bar – The Guardian

Posted November 28th, 2011 in barristers, legal education, news, pupillage, solicitors by sally

“With 65 students applying for each training place, many would-be solicitors face not finding a job within the five-year post-graduation limit.”

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The Guardian, 25th November 2011

Source: www.guardian.co.uk

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Drug dealer Andre James jailed for gun crime wins ‘human rights’ case – Daily Telegraph

Posted November 28th, 2011 in deportation, drug trafficking, firearms, human rights, news by sally

“Foreign drug-dealer and gun criminal Andre James has been allowed to stay in Britain partly because he would return to a life of crime if he was deported.”

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Daily Telegraph, 26th November 2011

Source: www.telegraph.co.uk

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Legal apprenticeships take on new relevance – The Lawyer

Posted November 28th, 2011 in law firms, legal education, news by sally

“In the past year a ­number of firms have begun flirting with the idea of the modern legal apprenticeship. But what is the attraction of the model and is there a place for it in the legal market?”

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The Lawyer, 28th November 2011

Source: www.thelawyer.com

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Levi Roots wins legal battle over Reggae Reggae sauce recipe – The Guardian

Posted November 28th, 2011 in copyright, food, news by sally

“A cafe owner who claimed that he created the recipe for a sauce popularised by a reggae singer who appeared on the BBC television show Dragons’ Den has lost a high court battle.”

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The Guardian, 25th November 2011

Source: www.guardian.co.uk

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Government hires extra judges to tackle welfare appeal backlog – Daily Telegraph

Posted November 28th, 2011 in appeals, benefits, delay, judiciary, news by sally

“Ministers have been forced to hire more than 80 new judges in a multi-million pound effort to address appeals by welfare claimants who dispute the loss of their benefits.”

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Daily Telegraph, 28th November 2011

Source: www.telegraph.co.uk

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Judge allows Joanna Michael murder damages claim – BBC News

Posted November 28th, 2011 in domestic violence, duty of care, murder, negligence, news, police by sally

“Solicitors for the family of a Cardiff woman murdered by her ex-partner say a judge has ruled a damages claim against two police forces can continue.”

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BBC News, 26th November 2011

Source: www.bbc.co.uk

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Ministry of Justice praised for opening up court data – The Guardian

“The 1.2m records released this week are an unprecedented exercise in open data, especially for a courts system long accused of operating a Victorian method of closed information.”

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The Guardian, 25th November 2011

Source: www.guardian.co.uk

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Criminals and cyber bullies to be banned from the web – Daily Telegraph

Posted November 28th, 2011 in computer crime, harassment, internet, news by sally

“Criminals who commit offences online and cyber bullies will be banned from the internet as part of the Government’s new cyber security strategy, announced today.”

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Daily Telegraph, 25th November 2011

Source: www.telegraph.co.uk

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UKBA official jailed for seven years for visa fraud – The Guardian

Posted November 28th, 2011 in fraud, immigration, news, sentencing, visas by sally

“Immigration officer falsely granted indefinite leave to remain to 44 non-EU nationals who were not entitled to stay in the UK.”

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The Guardian, 25th November 2011

Source: www.guardian.co.uk

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‘Dangerous’ rapist Edwin Smith jailed for 18 years – BBC News

Posted November 28th, 2011 in news, rape, sentencing by sally

“A serial rapist and paedophile who tried to evade justice by going on the run has been jailed for 18 years at Cardiff Crown Court.”

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BBC News, 25th November 2011

Source: www.bbc.co.uk

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Race variation in jail sentences, study suggests – The Guardian

Posted November 28th, 2011 in minorities, news, sentencing, statistics by sally

“Offenders from ethnic minorities are more likely than their white counterparts to be sentenced to prison for certain categories of crimes, according to an analysis of more than one million court records.”

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The Guardian, 26th November 2011

Source: www.guardian.co.uk

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Court injunction prohibits media harassment of mother and baby – OUT-LAW.com

Posted November 28th, 2011 in harassment, injunctions, media, news by sally

“The UK High Court has banned paparazzi photographers and other media from harassing an actor’s baby and her mother.”

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OUT-LAW.com, 25th November 2011

Source: www.out-law.com

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