Retention and disclosure of police caution data infringe Article 8 – UK Human Rights Blog

Posted November 15th, 2012 in cautions, criminal records, human rights, news, Northern Ireland, vetting by sally

“The European Court of Human Rights yesterday handed down a Chamber judgment in declaring that the arrangements for the indefinite retention of data relating to a person’s caution in a criminal matter and for the disclosure of such data in criminal record checks infringe Article 8 of the ECHR.”

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UK Human Rights Blog, 15th November 2012

Source: www.ukhumanrightsblog.com

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EAT provides clarity on what it means to provide a “short-term” service – OUT-LAW.com

Posted November 15th, 2012 in appeals, employment tribunals, news, transfer of undertakings by sally

“A contract for a ‘single specific event’ need not necessarily be of ‘short-term duration’ to prevent workers being caught by regulations governing the employment rights and status of a particular worker when there is a change in service provider, the Employment Appeal Tribunal (EAT) has said.”

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OUT-LAW.com, 15th November 2012

Source: www.out-law.com

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Railway guard Christopher McGee jailed for manslaughter after ‘seconds of negligence’ caused death of drunk teenage girl who fell underneath train – The Independent

Posted November 15th, 2012 in homicide, negligence, news, railways, sentencing by sally

“A railway guard has been sentenced to five years in prison for the manslaughter of a drunk teenager, after he signalled for a train to move as she was leaning against the carriage.”

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The Independent, 15th November 2012

Source: www.independent.co.uk

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Jackson ‘will fuel conflicts’ – Law Society’s Gazette

Posted November 15th, 2012 in barristers, conflict of interest, fees, news by sally

“The Jackson reforms will heighten potential conflicts of interest where barristers are dealing directly with the public, experts at the bar conference warned last week.”

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Law Society’s Gazette, 15th November 2012

Source: www.lawgazette.co.uk

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Proportionality: the way ahead? – Speech by The Rt. Hon. Lady Justice Arden DBE

Posted November 15th, 2012 in judges, news, proportionality, speeches by sally

Proportionality: the way ahead? (PDF)

Speech by The Rt. Hon. Lady Justice Arden DBE

United Kingdom Association of European Law Annual Address, 12th November 2012

Source: www.judiciary.gov.uk

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Training on the new Contractual Terms of Work – The Bar Council

Posted November 15th, 2012 in barristers, continuing professional development, contracts, news by sally

“Update for the profession: on 31 January 2013, the commonly used Terms of Work and Withdrawal of Credit Scheme will be abolished and new contractual terms, with attendant Cab Rank Rule changes, will be introduced.”

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The Bar Council, 14th November 2012

Source: www.barcouncil.org.uk

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Bar Council Calls on Government to Protect Injured Workers – The Bar Council

Posted November 15th, 2012 in accidents, barristers, bills, news, personal injuries by sally

“The Bar Council, which represents barristers in England and Wales, today [14 November] joins the Personal Injuries Bar Association (PIBA) to call on Peers to hold the Government to account on plans to restrict severely access to justice for injured workers, ahead of the House of Lords’ Second Reading of the Enterprise and Regulatory Reform Bill.”

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The Bar Council, 14th November 2012

Source: www.barcouncil.org.uk

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30 years ago: El Vino’s treatment of women drinkers ruled unlawful – The Guardian

Posted November 15th, 2012 in news, sex discrimination, women by sally

“Today in 1982, El Vino, a traditional Fleet Street bar, lifted its ban on two women who successfully challenged its policy of not allowing women to stand with male colleagues at the bar.”

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The Guardian, 15th November 2012

Source: www.guardian.co.uk

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CPP faces £33.4m bill for fines and compensation after FSA investigation – The Guardian

Posted November 15th, 2012 in compensation, financial regulation, fines, insurance, news by sally

“The identity theft and credit card insurance company CPP faces a £33.4m bill to pay fines and compensation to customers following the conclusion of a long-running investigation by the Financial Services Authority.”

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The Guardian, 15th November 2012

Source: www.guardian.co.uk

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No article 2 inquest over 14-year-old overdose death, despite failings – UK Human Rights Blog

Posted November 15th, 2012 in drug abuse, human rights, inquests, news, social services by sally

“The High Court – including the new Chief Coroner – has held that the enhanced investigative duty under Article 2, the right to life, is not engaged in an inquest into the death of a 14 year old boy, despite ‘many missed opportunities’ for intervention by social services being identified.”

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UK Human Rights Blog, 14th November 2012

Source: www.ukhumanrightsblog.com

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Retention and disclosure of police caution data infringe Article 8 – Panopticon

“The European Court of Human Rights yesterday handed down a Chamber judgment in M.M. v United Kingdom (Application no. 24029/07) declaring that the arrangements for the indefinite retention of data relating to a person’s caution in a criminal matter and for the disclosure of such data in criminal record checks infringe Article 8 of the ECHR. Although the Court recognised that there might be a need for a comprehensive record of data relating to criminal matters, the indiscriminate and open-ended collection of criminal record data was unlikely to comply with Article 8 in the absence of clear and detailed statutory regulations clarifying the safeguards applicable and governing the use and disposal of such data, particularly bearing in mind the amount and sensitivity of the data.”

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Panopticon, 14th November 2012

Source: www.panopticonblog.com

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Hooper: call police over ‘corrupt’ referral fees – Law Society’s Gazette

Posted November 15th, 2012 in corruption, fees, law firms, news by sally

“A former Court of Appeal judge earlier this week called for lawyers who pay or receive ‘corrupt’ referral fees to be reported to the police. Lord Justice Hooper told the bar conference that the growth of referral fees, which ‘corruptly’ influence the choice of trial advocate, is the most pernicious consequence of the government’s ‘savage’ legal aid cuts.”

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Law Society’s Gazette, 15th November 2012

Source: www.lawgazette.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted November 15th, 2012 in legislation by sally

The Eritrea (Sanctions) (Overseas Territories) Order 2012

The Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012

The Liberia (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012

The Iraq (United Nations Sanctions) (Overseas Territories) (Amendment) Order 2012

The Transfer of Functions (Sea Fisheries) Order 2012

The Forestry Commissioners (Climate Change Functions) (Scotland) Order 2012 (Consequential Modifications) Order 2012

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012

The Recovery of Costs (Remand to Youth Detention Accommodation) (England and Wales) Regulations 2012

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012

The Zimbabwe (Sanctions) (Overseas Territories) Order 2012

The European Communities (Designation) (No. 2) Order 2012

The Wireless Telegraphy (Licence Award) Regulations 2012

Source: www.legislation.gov.uk

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Crucial battle against UK ‘secret courts’ begins in earnest – The Guardian

Posted November 15th, 2012 in bills, closed material, intelligence services, news, parliament, private hearings by sally

“The House of Lords on Monday is due to vote on one of the most contentious but important pieces of legislation to come before this parliament.”

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The Guardian, 14th November 2012

Source: www.guardian.co.uk

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Senior judge attacks meritless immigration challenges – Daily Telegraph

Posted November 15th, 2012 in appeals, deportation, immigration, judges, news by sally

“Immigration lawyers who lodge last minute meritless legal challenges against removals are an ‘intolerable waste of public money’ and will be name and shamed, one of the country’s most senior judges has warned.”

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Daily Telegraph, 14th November 2012

Source: www.telegraph.co.uk

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Judicial dialogue? Straw and Bratza deliver choice words on Strasbourg – The Guardian

Posted November 15th, 2012 in courts, human rights, lectures, lord chancellor, news, treaties by sally

“Former lord chancellor suggests the human rights court will be the architect of its own demise as the former president recalls its achievements.”

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The Guardian, 14th November 2012

Source: www.guardian.co.uk

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Gary Cooper jailed for rape after online grooming – BBC News

Posted November 15th, 2012 in internet, news, rape, sentencing, sexual grooming by sally

“A man who raped a 12-year-old girl from Hampshire after posing online as a teenage girl, has been jailed for 14 years and four months.”

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BBC News, 14th November 2012

Source: www.bbc.co.uk

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YouView loses trademark appeal – The Guardian

Posted November 15th, 2012 in appeals, internet, media, news, trade marks by sally

“YouView, the much-delayed internet-connected TV service that finally launched earlier this year, may now have to change its name or face paying damages for trademark infringement after losing a high court appeal.”

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The Guardian, 14th November 2012

Source: www.guardian.co.uk

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