Serious procedural faults in the appointment of judges: an urgent matter of public interest – Halsbury’s Law Exchange

Posted July 9th, 2014 in judiciary, news, professional conduct, public interest by sally

‘As part of the current debate on identifying the best values of British culture and society, the proper workings of the British legal system, would surely have to occupy a prominent place. After all, it is the judiciary that would enhance the sense of wellbeing of its citizen every time that justice is felt to have been established.’

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Halsbury’s Law Exchange, 9th July 2014

Source: www.halsburyslawexchange.co.uk

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Met must respond to spy allegations in undercover police case, court rules – The Guardian

‘The Metropolitan police cannot use its policy of “neither confirm nor deny” in response to damages claims brought by women who claim they were tricked into forming relationships with undercover officers.’

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The Guardian, 2nd July 2014

Source: www.guardian.co.uk

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You cannot be serious! Peers call ‘out’ on Government’s judicial review reforms – UK Human Rights Blog

‘Last night saw the House of Lords’ first reaction to the Government’s proposed changes to judicial review as the Criminal Justice and Courts Bill had its second reading. Already dissected at some length in this blog, the proposals have been roundly criticised by both the senior judiciary and the Joint Committee on Human Rights. Consultations responses, including from JUSTICE, expressed concern that the measures appear, by design or coincidence, to undermine the rule of law, inhibit transparency and shield the Government from judicial scrutiny. Two key concerns arise from the Government proposals: restricting access for individuals without substantial means and limiting the courts’ discretion to do justice in the public interest. Yesterday’s debate was robust and eloquent, with former Law Lords joined by bishops and backbenchers alike to condemn the new measures.’

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UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

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Phone hacking: it was right to charge Rebekah Brooks, says Keir Starmer – The Guardian

‘Prosecutors were right to charge Rebekah Brooks and other News of the World executives over conspiracy to hack phones as the trials have helped determine who knew about widespread malpractice at the newspaper, Sir Keir Starmer, the former director of public prosecutions, has said.’

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The Guardian, 29th June 2014

Source: www.guardian.co.uk

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Fairness under the DPA: public interests can outweigh those of the data subject – Panopticon

Posted June 19th, 2014 in data protection, news, police, professional conduct, public interest by sally

‘Suppose a departing employee was the subject of serious allegations which you never had the chance properly to investigate or determine. Should you mention these (unproven) allegations to a future employer? Difficult questions arise, in both ethical and legal terms. One aspect of the legal difficulty arises under data protection law: would it be fair to share that personal information with the prospective employer?’

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Panopticon, 18th June 2014

Source: www.panopticonblog.com

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Do Not Resuscitate notices: Patients’ rights under Article 8 – UK Human Rights Blog

‘The Court of Appeal has declared that the failure of a hospital to consult a patient in their decision to insert a Do Not Attempt Cardiopulmonary Resuscitation Notice in her notes was unlawful and in breach of her right to have her physical integrity and autonomy protected under Article 8.’

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UK Human Rights Blog, 17th June 2014

Source: www.ukhumanrightsblog.com

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Secret trials – a little transparency, a lot to worry about – UK Human Rights Blog

‘The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.’

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UK Human Rights Blog, 12th June 2014

Source: www.ukhumanrightsblog.com

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‘Secret’ terror trial ruling due at Old Bailey – BBC News

‘The Court of Appeal is to rule on whether a trial of two terrorist suspects can be heard in secret.’

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BBC News, 12th June 2014

Source: www.bbc.co.uk

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Cyril Smith CPS files ‘must be revealed’ – BBC News

‘The Crown Prosecution Service has been told it must reveal details about its decision not to prosecute the former Rochdale MP Cyril Smith for alleged offences against children.’

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BBC News, 9th June 2014

Source: www.bbc.co.uk

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Disabled applicant not entitled under Article 8 to specific care needs – UK Human Rights Blog

‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’

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UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

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Secret terrorism trial runs risk of miscarriage of justice, says Sadiq Khan – The Guardian

‘Plans to hold the criminal trial of two men charged with serious terrorism offences entirely in secret runs the risk of creating a miscarriage of justice that will never be put right, the shadow justice secretary has warned.’

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The Guardian, 5th June 2014

Source: www.guardian.co.uk

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Council wins FOI battle over legal advice for whistle-blowing investigation – Local Government Lawyer

‘A council has won an appeal to the First-Tier Tribunal over its refusal to meet a freedom of information request for the disclosure of legal advice given to a consultant conducting an investigation on the authority’s behalf.’

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Local Government Lawyer, 3rd June 2014

Source: www.localgovernmentlawyer.co.uk

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Richard III: fairness and public interest litigation – UK Human Rights Blog

‘Some 527 years after his death, Richard III’s skeleton was found beneath a car park in Leicester. The Plantagenet Alliance, a campaigning organisation representing a group of collateral descendants, sought judicial review of the decision taken by the Secretary of State to exhume and re-inter the monarch in Leicester Cathedral without consulting them and a wide audience.’

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UK Human Rights Blog, 28th May 2014

Source: www.ukhumanrightsblog.com

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Golf course judicial review case reversed on appeal – UK Human Rights Blog

‘The Court of Appeal has reversed the robustly expressed view of Haddon-Cave J (see my post here) that the grant of planning permission to a proposed “exclusive” golf club in Surrey should be quashed.’

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UK Human Rights Blog, 18th May 2014

Source: www.ukhumanrightsblog.co.uk

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Press has no direct role in welfare proceedings in Court of Protection – UK Human Rights Blog

‘Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Health Act.’

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UK Human Rights Blog, 12th May 2014

Source: www.ukhumanrightsblog.com

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A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) – Supreme Court

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

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Anonymity order compatible with Convention and common law – Supreme Court – UK Human Rights Blog

‘This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC.’

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UK Human Rights Blog, 9th May 2014

Source: www.ukhumanrightsblog.com

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Council wins appeal over quashing of golf course planning permission – Local Government Lawyer

‘A local authority and a developer have won their appeal over a High Court ruling that quashed planning permission for a controversial hotel and golf complex in the Surrey Hills.’

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Local Government Lawyer, 9th May 2014

Source: www.localgovernmentlawyer.co.uk

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The Nanny State – legislating on health and morality – Halsbury’s Law Exchange

Posted May 1st, 2014 in crime, health, human rights, news, public interest by sally

‘“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant… Over his own body and mind, the individual is sovereign.”

The above principle laid down by John Stuart Mill is a cornerstone of liberal political and jurisprudential thought. Mill argued that, provided you cause no harm to others, you should be free to do what you like with your own body and life. This is what the right to personal autonomy and self-determination means; and it is a right which is being steadily, and quietly, eroded. If liberty, as Mill said, consists in the freedom to do everything which injures no one else, then we are already not free – and if the current trend of legislating on public health and morals continues the residual liberty we do enjoy will be diminished.’

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Halsbury’s Law Exchange, 30th April 2014

Source: www.halsburyslawexchange.co.uk

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Illegal abortion doctors face no action – Daily Telegraph

Posted April 22nd, 2014 in abortion, doctors, news, prosecutions, public interest by sally

‘Doctors who illegally signed dozens of abortion consent forms will not be disciplined, as MPs say this is evidence of the UK’s ‘abortion on demand’ culture.’

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Daily Telegraph, 22nd April 2014

Source: www.telegraph.co.uk

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