Donald, Where’s Your Schedule 3 Condition to Share Information Aboot Your Troosers? – Panopticon

Posted August 25th, 2016 in appeals, data protection, human rights, news, Scotland, Supreme Court by sally

‘The insularity of English lawyers can often mean that limited attention is paid to legal developments north of the border. Scotland, like the past, is a legally foreign country and they do things differently there. However, we here at Panopticon are never afraid to join a rousing chorus of ‘500 Miles’ by The Proclaimers (you should see some of the blog’s team at the Christmas Party – carnage). Readers with elephantine memories and little to do by way of fun may recall my post on the Inner House’s judgment concerning the ‘Named Person Service’. At the end of term, the case reached the Supreme Court in The Christian Institute v Lord Advocate [2016] UKSC 51. Apologies in advance for the length of the post which follows…’

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Panopticon, 25th August 2016

Source: www.panopticonblog.com

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New doubts over human rights law reform – Law Society’s Gazette

Posted August 12th, 2016 in bills, EC law, human rights, news, prisons, referendums, Scotland by sally

‘A draft British bill of rights prepared by the former justice secretary Michael Gove has been rejected by the prime minister, a newspaper reported this morning – prompting speculation that the long-promised reform could be abandoned.’

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Law Society’s Gazette, 10th August 2016

Source: www.lawgazette.co.uk

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Revenge porn: Widening the net? – Halsbury’s Law Exchange

Posted July 5th, 2016 in amendments, harassment, internet, legislation, news, pornography, Scotland, victims by sally

‘Little over a year has passed since the Criminal Justice and Courts Act 2015 (CJCA 2015) came into force, making it a criminal offence to disclose private sexual material with the intent of causing fear and distress; legislating for the increase in so called ‘revenge porn’. A slow uptake in successful convictions for this offence has prompted the tabling of further amendments which would serve to widen the ambit of revenge porn criminality, to lower the bar for prosecutions and to encourage reporting of these crimes by granting anonymity to victims.’

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Halsbury’s Law Exchange, 4th July 2016

Source: www.halsburyslawexchange.co.uk

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Jo Murkens: Brexit: The Devolution Dimension – UK Constitutional Law Association

‘The results of the third nation-wide referendum in the United Kingdom are still sinking in at home and around the world. Just below 52% voted to leave the European Union, just over 48% voted to remain. The widespread conclusion is that the UK must leave the EU.’

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UK Constitutional Law Association, 28th June 2016

Source: www.ukconstitutionallaw.org

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‘Revenge porn’ threats could be made a crime in England and Wales – The Guardian

‘The threat of circulating “revenge porn” would be criminalised and the evidence threshold lowered to bring England and Wales in line with Scottish law, under changes to be proposed by a former Lib Dem cabinet minister.’

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The Guardian, 11th June 2016

Source: www.guardian.co.uk

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Over the Border – Zenith PI Blog

‘In the recent cases of Cook v Virgin Media Ltd and McNeil v Tesco Plc [2016] 1WLR 1672, the Court of Appeal had to consider two cases raising a virtually identical issue. Each case related to a Scottish claimant claiming for personal injuries sustained in Scotland against Defendants who had registered offices in England and Wales. Mr Cook claimed that he suffered personal injury in a tripping accident in East Kilbride as a result of the negligence of Virgin Media. Virgin Media admitted liability. The claim was brought through the Northampton Money Claims Centre. In their defence Virgin Media said that the claim would be more appropriately dealt with in Scotland. In the second case Mr McNeil had suffered injuries in a Tesco store in Glasgow. He too claimed putting a claim through the Northampton Money Claims Centre. Tesco denied liability and said that the claim should have been brought in Scotland. Both these cases were shunted to Carlisle County Court. (It is perhaps a pity that the old Berwick-upon-Tweed County Court has long closed its doors, since it might have been an ideal venue.)’

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Zenith PI Blog, 17th May 2016

Source: www.zenithpi.wordpress.com

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British bill of rights could ‘unravel’ constitution, say MPs – The Guardian

‘The government’s proposed bill of rights will hamper the fight against crime, undermine the UK’s international moral authority and could start “unravelling” the constitution, a cross-party parliamentary committee is warning.’

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The Guardian, 9th May 2016

Source: www.guardian.co.uk

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UK courts adopt contrasting approaches to appeals against HSE inspection notices – OUT-LAW.com

Posted May 6th, 2016 in appeals, health & safety, judicial review, news, Scotland by tracey

‘Tribunals are entitled to take into account information that was not available to a health and safety inspector at the time that a notice was issued when hearing an appeal against that notice, the Scottish appeal court has ruled.’

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OUT-LAW.com, 4th May 2016

Source: www.out-law.com

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Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) – Supreme Court

Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6 (YouTube)

Supreme Court, 10th February 2016

Source: www.youtube.com/user/UKSupremeCourt

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Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538

‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’

WLR Daily, 14th December 2015

Source: www.iclr.co.uk

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Supreme Court: Failure to disclose evidence did not breach Art 6 – UK Human Rights Blog

Posted December 21st, 2015 in disclosure, evidence, human rights, jurisdiction, news, Scotland, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal against a decision of Scotland’s High Court of Justiciary (available here) in which it refused to overturn a criminal conviction on the basis that the non-disclosure of evidence breached the appellant’s right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR).’

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UK Human Rights Blog, 18th December 2015

Source: www.ukhumanrightsblog.com

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Government accused of risking ‘disunited kingdom’ as Commons approves English votes for English laws – Independent

Posted October 23rd, 2015 in bills, devolution, news, parliament, Scotland, veto by michael

‘The Government was accused of risking the creation of  a “disunited kingdom” after the Commons approved an historic change to give English MPs a veto over laws which affect only England.’

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Independent, 22nd October 2015

Source: www.independent.co.uk

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The Child in the Road – Zenith PI Blog

Posted September 11th, 2015 in children, contribution, negligence, news, personal injuries, road traffic, Scotland by tracey

‘Jackson-v-Murray, which has been recently reported at [2005] PIQRP 249 deals directly or indirectly with three important issues: (1) the extent to which a higher court can interfere with an assessment of contributory negligence by the trial judge or by an appeal court; (2) the assessment of contributory negligence of children; (3) the assessment of the proportions of liability of drivers of vehicles and pedestrians with whom they come into collision.’

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Zenith PI Blog, 10th September 2015

Source: www.zenithpi.wordpress.com

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Mothers Confined (part 3) | Lead by example: transforming rehabilitation – Halsbury’s Law Exchange

Posted August 6th, 2015 in news, rehabilitation, Scotland, supervision orders, women by sally

‘Transforming Reahabilitation (TR) has been offered as a way in which women in the Criminal Justice System (CJS) “will have increased access to support services”. Prior to the many women who were incarcerated pre-TR and would be released from prison without supervision, will now – regardless of whether they have served one day or 12 months – be required to have some form of supervision. Previously, all people leaving custody serving less than 12 months were released without supervision.’

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Halsbury’s Law Exchange, 6th August 2015

Source: www.halsburyslawexchange.co.uk

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Prison smoking ban could cause ‘stability issues’ – BBC News

Posted July 22nd, 2015 in news, prisons, Scotland, smoking by sally

‘Banning smoking in prisons in England and Wales could make them more unstable, the Prison Governors Association (PGA) has warned.’

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BBC News, 22nd July 2015

Source: www.bbc.co.uk

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David Cameron ‘must strengthen Evel plans to stop SNP maintaining ban on hunting in England’ – Daily Telegraph

Posted July 15th, 2015 in devolution issues, hunting, news, parliament, political parties, Scotland by tracey

‘David Cameron must strengthen his plans for “English votes for English laws”, senior Tories have said, after the SNP’s Nicola Sturgeon forced him to shelve a vote on relaxing the fox hunting ban in England.’

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Daily Telegraph, 14th July 2015

Source: www.telegraph.co.uk

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‘English votes for English laws’ plan to be set out – BBC News

‘The government is expected to set out its proposals to give MPs from English constituencies the final say on laws affecting England only.’

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BBC News, 2nd July 2015

Source: www.bbc.co.uk

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Magna Carta anniversary sparks calls for constitutional convention – The Independent

Posted June 16th, 2015 in bills, magna carta, news, Scotland by sally

‘The 800th anniversary of Magna Carta has sparked calls for a constitutional convention to settle the outstanding arguments about how the United Kingdom is to be governed in the 21st century.’

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The Independent, 16th June 2015

Source: www.independent.co.uk

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Michael Gove determined to scrap the Human Rights Act – even if Scotland retains it – Independent

Posted June 1st, 2015 in bills, constitutional law, devolution, human rights, news, Scotland by michael

Scotland could be allowed to retain the Human Rights Act even if Westminster sidelined the European Court in favour of an “English” Bill of Rights, according to new plans being considered by Michael Gove.

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Independent, 31st May 2015

Source: www.independent.co.uk

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HRA Watch: Reform, Repeal, Replace? Mark Elliott: Could the Devolved Nations Block Repeal of the Human Rights Act and the Enactment of a New Bill of Rights? – UK Constitutional Law Association

‘In my last post on the proposed repeal of the Human Rights Act 1998 and the enactment of a British Bill of Rights, I considered the extent to which the House of Lords might thwart the Government’s plans. My conclusion was that the Lords might plausibly assert itself so as to delay the legislation, traditional understandings of the Salisbury Convention notwithstanding, but that the Parliament Act 1911 clearly deprives the Lords of any absolute veto. What, however, of the devolved nations? Could they block the implementation of the UK Government’s proposals?’

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UK Constitutional Law Association, 16th May 2015

Source: www.ukconstitutionallaw.org

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