Regina v Norman (Robert) – WLR Daily

Regina v Norman (Robert) [2016] EWCA Crim 1564

‘The defendant was a prison officer who was paid more than £10,000 by a tabloid journalist in return for information about the prison which formed the subject matter of numerous published articles. He was charged with one count of misconduct in public office. The newspapers voluntarily disclosed evidence of the defendant’s identity and conduct. It was the prosecution case that the stories did not, save in a few cases, have any public interest and that the defendant knew that what he was doing was very wrong given the scale and scope of his activities, conducted behind his employer’s back, in return for substantial payments which were routed via his son’s bank account in order to conceal them. The defendant was convicted. He appealed against conviction the grounds that (i) the judge should have acceded to his submission to stay the proceedings as an abuse of process since the defendant’s identity and the evidence upon which the prosecution depended had been obtained by police misconduct in putting pressure upon the newspapers to give disclosure in order to avoid corporate prosecution; and (ii) the judge should have acceded to his submission of no case to answer, since the defendant’s misconduct did not meet the high threshold of seriousness required for it to be characterised as a criminal abuse of the public’s trust in him as an officer holder.’

WLR Daily, 20th October 2016

Source: www.iclr.co.uk

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Local authorities’ statutory powers to override third party land rights will apply to a wider range of public schemes, says expert – OUT-LAW.com

‘Local authorities and regeneration bodies can expect greater scrutiny to be placed on their decisions to override third party rights in land on public interest grounds under new UK planning laws that came into effect in the summer.’

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OUT-LAW.com, 21st September 2016

Source: www.out-law.com

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Privacy at all costs? – New Law Journal

Posted September 1st, 2016 in appeals, costs, financial provision, media, news, privacy, public interest, Supreme Court by sally

‘Wyatt v Vince illustrates the growing trend towards openness of family proceedings, says Sarah Hughes.’

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New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

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How to tell a shining knight of a lawyer from an ambulance chaser? – The Guardian

Posted August 17th, 2016 in armed forces, asylum, law firms, legal aid, news, public interest by sally

‘The question takes us straight to this week’s reported news that Phil Shiner’s Public Interest Lawyers is having to close.’

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The Guardian, 16th August 2016

Source: www.guardian.co.uk

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Orlando Bloom naked pictures: What privacy rights does the actor have? – The Independent

‘The Independent spoke to a media lawyer about whether Bloom’s legal right to privacy has been invaded by publication of the pictures’

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The Independent, 5th August 2016

Source: www.independent.co.uk

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Shipping magnate’s son loses libel action against father of woman he was accused of raping – The Independent

‘A shipping magnate’s son who said he endured a five-week “public rubbishing” because of the actions of the father of a woman who accused him of rape has lost his High Court libel action.’

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The Independent, 27th July 2016

Source: www.independent.co.uk

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Cliff Richard set for court battle with BBC after corporation rejects damages claim – Daily Telegraph

‘Sir Cliff Richard is set for a court battle with the BBC, after the corporation rejected a demand that it pay damages for its controversial live coverage of a police raid on the singer’s home.’

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Daily Telegraph, 24th July 2016

Source: www.telegraph.co.uk

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NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department – WLR Daily

NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department [2016] EWCA Civ 662

‘The claimant foreign nationals, NA, KJ, WM and MY, who had resided for significant periods of time in the United Kingdom, were convicted of offences to which they were sentenced to periods of imprisonment of 12 months or more. As a result, they fell within the definition of foreign criminals in section 32 of the UK Border Act 2007, in respect of whom the Secretary of State was liable to make a deportation order, subject to the exceptions in section 33, which included where deportation would breach the offender’s rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The claimants in each case made representations against their deportation in reliance on their rights to a private and family life under article 8 of the Convention. Paragraph 398 of the Immigration Rules, as they applied between July 2012 and 27 July 2014 (“the 2012 Rules”), provided that when assessing a claim that deportation would be contrary to an offender’s rights under article 8 of the Convention, the Secretary of State was required to consider whether the circumstances in paragraph 399 and 399A of the 2012 Rules existed, and that if they did not, it was only in exceptional circumstances that the public interest in deportation would be outweighed by other factors. The circumstances: (1) in paragraph 399 were that the claimant had a genuine and subsisting parental relationship with a child dependent on the claimant or a partner and it was not reasonable to expect the child to leave the United Kingdom or there were insurmountable obstacles to family life with the partner continuing outside the United Kingdom; and (2) in paragraph 399A were the long residence of the claimant in the United Kingdom and lack of family, social or cultural ties with the country to which he was to be removed. Pararaphs 399 and 399A applied to offenders sentenced to imprisonment for at least 12 months but less than four years (“medium offenders”) but not to those sentenced to periods of four years or more (“serious offenders”). ‘

WLR Daily, 16th June 2016

Source: www.iclr.co.uk

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Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) – WLR Daily

Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) [2016] EWHC 1609 (Ch)

‘Where a party intervenes in an appeal from a decision of a hearing officer acting on behalf of the Comptroller General of Patents, Designs and Trade Marks, ordinary a costs order will not be made in the intervener’s favour. The court will only consider departing from its ordinary position if it is satisfied that (1) the intervener’s position was successful, (2) its submission added value to the hearing, and (3) it had not duplicated the respondent’s submissions (paras 10, 12).’

WLR Daily, 7th July 2016

Source: www.iclr.co.uk

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Snooper’s charter could endanger journalists and sources, peers warn – The Guardian

‘Peers have issued a serious warning that the government’s proposed “snooper’s charter” law could endanger journalists and their sources.’

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The Guardian, 12th July 2016

Source: www.guardian.co.uk

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Avoid/evade – Counsel

‘Recent news analysis of the Panama Papers, and high-profile-personality stakes in offshore funds, have turned up the heat in the tax avoid v evade debate. Kevin Prosser QC sheds light on this greyest of areas.’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

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Legal services: removing barriers to competition – official-documents.gov.uk

‘Consultation on proposals to make amendments to the Legal Services Act 2007.’

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official-documents.gov.uk, 7th July 2016

Source: www.official-documents.gov.uk

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Consultation on further liberalisation of legal services market – Law Society’s Gazette

‘The government today unveiled plans for a second wave of reforms aimed at opening the legal services market to new businesses.’

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Law Society’s Gazette, 7th July 2016

Source: www.lawgazette.co.uk

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High court refuses to publish Ben Butler judgment from 2014 – The Guardian

‘A high court judge has refused to publish a 2014 judgment on the death of Ellie Butler on the grounds that her father, who has been jailed for life for her murder, might in the future face a retrial.’

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The Guardian, 22nd June 2016

Source: www.guardian.co.uk

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A1P1 and public policy: compensation for not fishing? – UK Human Rights Blog

‘An interesting Court of Appeal decision concerning the science of migratory salmon, and the circumstances in which compensation will be granted when an interference with Article 1 Protocol 1 is found.’

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UK Human Rights Blog, 22nd June 2016

Source: www.ukhumanrightsblog.com

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Public interest report calls for all legal advice to be commissioned by legal team – Local Government Lawyer

‘Derby City Council should ensure that all legal advice is commissioned through its chief legal officer or her staff, and departments should not commission legal advice direct, auditors Grant Thornton have recommended in a public interest report.’

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Local Government Lawyer, 21st June 2016

Source: www.localgovernmentlawyer.co.uk

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Doctors could be prosecuted for gender-based abortion following British lawyers appeal to European Court of Human Rights – Daily Telegraph

‘Doctors who aborted foetuses based on their gender could finally be successfully prosecuted after British lawyers launched an appeal to the European Court of Human Rights calling for a reform of abortion law.’

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Daily Telegraph, 18th June

Source: www.telegraph.co.uk

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Home Office refuses to reveal whether women in Yarl’s Wood have been raped in case it ‘damages the commercial interests’ of companies – The Independent

‘Last year, the chief prisons inspector called Yarl’s Wood ‘a place of national concern’ following concerns over alleged sexual abuse and intimidation of women detained there.’

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The Independent, 13th June 2016

Source: www.independent.co.uk

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Victory for Theresa May after drug dealer convicted of attempted murder loses human rights bid to avoid deportation – Daily Telegraph

‘A foreign drug dealer convicted of attempted murder is not entitled to avoid deportation under human rights laws because he has British children, the Court of Appeal has ruled.’

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Daily Telegraph, 25th May 2016

Source: www.telegraph.co.uk

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The celebrity threesome case risks undermining the law – The Guardian

Perhaps for the first time – and almost certainly for the last, since he is about to retire – Lord Toulson is the hero of the press. As the sole dissenting judge in the Supreme Court ruling on the current celebrity injunction of speculation, he would have allowed the claimant’s name to be published – at least by news organisations that were prepared to run the risk of paying damages for breaching the claimant’s privacy.’

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The Guardian, 19th May 2016

Source: www.guardian.co.uk

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