Court of Protection orders continued reporting restrictions after death – UK Human Rights Blog

‘The Court of Protection has just ruled that where a court has restricted the publication of information during proceedings that were in existence during a person’s lifetime, it has not only the right but the duty to consider, when requested to do so, whether that information should continue to be protected following the person’s death.’

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UK Human Rights Blog, 27th April 2016

Source: www.ukhumanrightsblog.com

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Woman who died after ‘losing sparkle’ cannot be named, court rules – The Guardian

‘The court of protection has declined to name a 50-year-old woman who died after refusing life-saving kidney treatment because she said life had lost its “sparkle”.’

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The Guardian, 25th April 2016

Source: www.guardian.co.uk

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Number of dropped Crown Court prosecutions at highest level in five years – BBC News

‘The number and proportion of prosecutions dropped at Crown Courts in England and Wales has risen to its highest level in five years. More than 12,600 cases were discontinued from 2014 to 2015 – one in every eight Crown Court cases. At the same time, the proportion of Crown Court cases resulting in a conviction fell below the 80% mark for the first time since 2010-11.’

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BBC News, 11th April 2016

Source: www.bbc.co.uk

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A judge’s sentence is not for entertainment – Daily Telegraph

Posted April 8th, 2016 in judiciary, media, news, public interest, reporting restrictions, sentencing by sally

‘Being appointed a judge is like going to school, one of our distinguished judges noted when he was first appointed. You have to sit in one place every day, all day. You have to listen to people addressing you, to take notes, and hand in your homework at the end.’

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Daily Telegraph, 7th April 2016

Source: www.telegraph.co.uk

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Personal data and politicians’ names – Panopticon

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

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Panopticon, 18th March 2016

Source: www.panopticonblog.com

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Court of Appeal throws out solar farm challenge brought 14 months after planning permission was granted – OUT-LAW.com

‘A High Court judge should not have overturned planning permission granted to a solar farm in Wiltshire in response to a legal challenge brought 11 months after the three-month limitation period then in force had expired, the Court of Appeal has ruled.’

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OUT-LAW.com, 1st March 2016

Source: www.out-law.com

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Judiciary proposes fee ban and new name for McKenzie Friends – Legal Futures

‘England and Wales should follow the example of Scotland in banning McKenzie Friends from charging fees, the Judicial Executive Board (JEB) has proposed.’

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Legal Futures, 25th February 2016

Source: www.legalfutures.co.uk

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Big money divorce case secrecy row could trigger appeals, warns judge – Daily Telegraph

‘Disagreement between top judges over whether details of couples’ lives can be publicised “needs to be dealt with”, says Mr Justice Moor’

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Daily Telegraph, 28th February 2016

Source: www.telegraph.co.uk

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Operation Elveden: The investigation into ‘chequebook journalism’ – BBC News

‘It cost £15m and took five years but what did Operation Elveden – the police investigation into inappropriate payments to police and public officials by journalists – aim to achieve?’

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BBC News, 26th February 2016

Source: www.bbc.co.uk

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TTIP deal poses ‘real and serious risk’ to NHS, says leading QC – The Guardian

Posted February 22nd, 2016 in contracting out, doctors, hospitals, news, public interest, trade unions by sally

‘The controversial transatlantic trade deal set to be agreed this year would mean that privatisation of elements of the NHS could be made irreversible for future governments wanting to restore services to public hands, according to a new legal analysis.’

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The Guardian, 22nd February 2016

Source: www.guardian.co.uk

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New offences and sentencing – Law Society’s Gazette

‘Two further significant provisions of the Serious Crime Act 2015 have been brought into force. First, on 10 November 2015, section 79 created section 40CB of the Prison Act 1952, which provides for an offence of throwing any article or substance into a prison without authorisation.’

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Law Society’s Gazette, 22nd February 2016

Source: www.lawgazette.co.uk

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The Attorney General on who should decide what the public interest is – Attorney General’s Office

‘The Attorney General Jeremy Wright QC MP spoke at University College London’s Law Faculty on his role as a guardian of the public interest.’

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Attorney General’s Office, 8th February 2016

Source: www.gov.uk/ago

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Judges ‘not always best placed’ to decide public interest – Law Society’s Gazette

‘Politicians are sometimes better placed than judges to decide what is in the public interest in disputes over freedom of information, the government’s most senior lawyer has said.’

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Law Society’s Gazette, 9th February 2016

Source: www.lawgazette.co.uk

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MPs better placed than judges to decide public interest, says attorney general – The Guardian

‘Politicians are frequently better placed than judges to decide what constitutes the public interest in releasing information about foreign relations, national security and other areas, according to the attorney general.’

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The Guardian, 8th February 2016

Source: www.guardian.co.uk

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An open or shut case? – UK Human Rights Blog

‘R(C) v. Secretary of State for Justice [2016] UKSC 2. When is it right to keep the names of parties to litigation a secret? That was the difficult question the Supreme Court had to grapple with in this judgment, handed down on Wednesday. The decision to allow a double-murderer to remain anonymous led to outraged headlines in the tabloids. Yet the Court reached the unanimous conclusion that this was the right approach. Why?.’

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UK Human Rights Blog, 29th January 2016

Source: www.ukhumanrightsblog.com

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Regina (MM) v Secretary of State for the Home Department – WLR Daily

Posted February 1st, 2016 in citizenship, families, Islam, judicial review, law reports, public interest, terrorism by tracey

Regina (MM) v Secretary of State for the Home Department: [2015] EWHC 3513 (Admin); [2015] WLR (D) 503

‘The Secretary of State for the Home Department had no discretion to refuse citizenship by naturalisation under section 6(1) of the British Nationality Act 1981 in order to deter potential extremists from their activities through knowing that family members would not be naturalised in consequence.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

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No case for rewriting FoI Act, says information commissioner – The Guardian

‘Advice given to ministers by civil servants should not be excluded from freedom of information legislation, according to the official responsible for overseeing the workings of the act.’

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The Guardian, 20th January 2016

Source: www.guardian.co.uk

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New guidance for public bodies on FOI requests for information they intend to publish in future – OUT-LAW.com

Posted January 11th, 2016 in codes of practice, disclosure, freedom of information, news, public interest by tracey

‘Public bodies will find it harder to justify decisions to withhold information requested under freedom of information (FOI) laws on the basis that they intend to publish the material in future where no date has been set for that publication, according to newly issued guidance.’

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OUT-LAW.com, 11th January 2016

Source: out-law.com

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Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department – WLR Daily

Posted December 14th, 2015 in appeals, deportation, EC law, immigration, law reports, public interest by sally

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department [2015] EWCA Civ 1245; [2015] WLR (D) 512

‘When determining whether the removal of an EEA national who had acquired a permanent right of residence in the United Kingdom was justified on serious grounds of public policy or public security, wider factors, such as the public interest in deterrence and the need to demonstrate public revulsion at the offender’s conduct, could not properly be taken into account.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

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When might deportation orders be revoked before 10 years is up? – Free Movement

‘The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some of the worst breaches of immigration law ever seen in a reported decision: overstaying a visit visa in 2002 then organising and taking part in sham marriages, fleeing abroad in 2003 when detected and being convicted in her absence and then re-entering the UK in a false identity in 2005, obtaining settlement in this false identity in 2007 and then on detection being convicted again for breaches of immigration law and, after serving her sentence, being deported in 2009.’

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Free Movement, 14th December 2015

Source: www.freemovement.org.uk

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