Judicial reviews: a decision that’s best left to judges – The Guardian

‘The justice secretary wants to restrict access to judicial reviews, but judging the lawfulness of executive action should not be a matter for the executive.’

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The Guardian, 10th December 2014

Source: www.guardian.co.uk

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Statement from the Director of Public Prosecutions on Eleanor de Freitas – CPS News Brief

‘Eleanor de Freitas’ tragic death was just days before she was due to stand trial for perverting the course of justice. The pending inquest will deal with the circumstances surrounding her death and I do not want to interfere with that process. However the case has understandably raised questions about private prosecutions in these types of cases and why the CPS took over and continued this particular case.’

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CPS News Brief, 9th December 2014

Source: http://blog.cps.gov.uk

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Of cricket balls and Velux windows – a victory for Lord Denning and the common law right to hit a good six – Sports Law Bulletin from Blackstone Chambers

‘Flying cricket balls and noisy motorbikes have a long history of testing the legal balance between the public interest in sport and the private interest in the peaceful enjoyment of land or the avoidance of injury.’

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Sports Law Bulletin from Blackstone Chambers, 13th November 2014

Source: www.sportslawbulletin.org

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Ann Maguire murder: Judge defends naming Will Cornick – BBC News

Posted November 7th, 2014 in anonymity, murder, news, public interest, reporting restrictions, young offenders by tracey

‘The judge who sentenced the teenage killer of teacher Ann Maguire has defended his decision to identify him.’

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BBC News, 6th November 2014

Source: www.bbc.co.uk

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High Court judge refuses application by Treasury to lift automatic suspension – Local Government Lawyer

Posted November 5th, 2014 in children, contracts, delay, employment, news, parental rights, public interest, taxation by sally

‘A High Court judge has dismissed an application by the Treasury and two of its agencies to lift an automatic suspension under the Public Contracts Regulations 1996.’

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Local Government Lawyer, 5th November 2014

Source: www.localgovernmentlawyer.co.uk

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Bar Standards Board left with £100,000 bill after QASA costs ruling – Legal Futures

Posted November 4th, 2014 in appeals, barristers, costs, news, public interest, quality assurance, trials by sally

‘The Bar Standards Board (BSB) is facing a bill for over £100,000 after the Court of Appeal ruled that there was no need for it to be separately represented at the hearing of the judicial review against the Quality Assurance Scheme for Advocates (QASA).’

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Legal Futures, 4th November 2014

Source: www.legalfutures.co.uk

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Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Posted October 31st, 2014 in damages, ex turpi causa, injunctions, law reports, patents, public interest by sally

Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55; [2014] WLR (D) 452

‘Although acts which constituted “turpitude” for the purposes of giving rise to the defence of ex turpi causa non oritur actio were not confined to criminal acts but included quasi criminal acts which engaged the public interest, civil wrongs which offended against private and not public interests did not give rise to the defence. Infringements of patent gave rise to private rights of a character no different from rights under contract or tort and there was no public policy which would give rise to a defence of ex turpi causa.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

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“It’s too late baby, now it’s too late”: limitation, competition claims and knowledge – Competition Bulletin from Blackstone Chambers

Posted October 31st, 2014 in competition, limitations, news, public interest by sally

‘How much knowledge does a potential claimant need before time begins to run against a competition claim against a party alleged to have breached competition law? This was the key question addressed by Mr Justice Simon in the first case in which an English Court has had to consider the effect of s.32 of the Limitation Act 1980 (“LA”) in the context of a competition claim.’

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Competition Bulletin from Blackstone Chambers, 31st October 2014

Source: www.competitionbulletin.com

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Good Things Come to Those Who (Have Inherent) Weight – Panopticon

Posted October 30th, 2014 in appeals, disclosure, freedom of information, news, public interest, tribunals by sally

‘Philosophically, everything must have an inherent weight. Otherwise it would have no weight at all. But FOIA is not concerned with philosophy; it is much more concerned with who is in charge of the sheep dip, and indeed the levels of public funding for the sheep being dipped. (No points for spotting that reference, Bruce.) As a result, there are often debates in the FOIA case law about whether a particular qualified exemption contains an inherent weight, i.e. is the fact that the exemption is engaged at all sufficient to place some weight in the public interest balance against disclosure? The answer varies according to the particular exemption.’

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Panopticon, 29th October 2014

Source: www.panopticonblog.com

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Government not required to disclose full details of defence – UK Human Rights Blog

‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’

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UK Human Rights Blog, 27th October 2014

Source: www.ukhumanrightsblog.com

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Inmate’s assault charge reinstated – BBC News

‘An inmate is to face trial over an alleged assault on a prison officer after a High Court judge quashed the decision to drop the case against him.’

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BBC News, 27th October 2014

Source: www.bbc.co.uk

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Move to introduce jail time as potential punishment for UK data protection breaches stalls – OUT-LAW.com

‘Another attempt to introduce jail sentences as a possible punishment to individuals who access or disclose personal data in breach of data protection rules has stalled in the UK parliament.

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24th October 2014

Source: www.out-law.com

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Abortion investigation: Group launches private prosecution – Daily Telegraph

‘Papers submitted to court in bid to trigger rare private prosecution of doctors exposed in The Telegraph’s undercover abortion investigation.’

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Daily Telegraph, 24th October 2014

Source: www.telegraph.co.uk

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Professional bodies unite to attack “chilling effect” of judicial review reforms – Local Government Lawyer

‘The Bar Council, the Law Society and the Chartered Institute of Legal Executives have urged peers to amend the judicial review provisions in the Criminal Justice and Courts Bill, saying the measures would have a “chilling effect”.’

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Local Government Lawyer, 20th October 2014

Source: www.localgovernmentlawyer.co.uk

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Court refuses to say if killer was allowed to stay in UK – Daily Telegraph

‘Bernard Finlay was found guilty of stabbing a mother of two to death with three kitchen knives and a cleaver in 1997.’

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Daily Telegraph, 18th October 2014

Source: www.telegraph.co.uk

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Judge calls for more openness in controversial secret court – Daily Telegraph

‘District Judge Anselm Eldergill says Court of Protection should normally be open to the Press, in moves first mooted almost a year ago by another senior judge.’

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Daily Telegraph, 17th October 2014

Source: www.telegraph.co.uk

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Authors’ concerns after court rules writer can’t publish sex abuse memoir – Daily Telegraph

‘Leading authors have expressed their “grave concern” at a court ruling which has prevented a writer from publishing a book dealing with the sexual abuse he suffered as a child. The author’s ex-wife has obtained a temporary injunction stopping the memoir’s release until the issue has been decided at trial. She argued that reading it would cause their 11 year-old son, who suffers from a number of disabilities, severe psychological harm.’

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Daily Telegraph, 16th October 2014

Source: www.telegraph.co.uk

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The need to reform whistleblowing laws – OUP Blog

‘“Why didn’t anyone in the know say something about it?” That’s the natural reaction of the public when some shocking new scandal – financial wrongdoing, patient neglect, child abuse – comes to light. The question highlights the role of the whistleblower. He or she can play a vital role in ensuring that something is done about activity which is illegal or dangerous. But the price which the whistleblower pays may be high – ostracism by colleagues, victimisation by the employer, dismissal, informal blacklisting by other employers who fear taking on a “troublemaker”.’

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OUP Blog, 11th October 2014

Source: www.blog.oup.com

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Bullied man uses video from sunglasses to mount private court case – The Guardian

‘A student who gathered video evidence of himself being harassed and abused on a pair of specially adapted sunglasses has been allowed to carry out a private prosecution of his tormentor.’

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The Guardian, 7th October 2014

Source: www.guardian.co.uk

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European Convention on Human Rights: What has it ever done for us? – The Independent

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

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The Independent, 3rd October 2014

Source: www.independent.co.uk

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