Hayley Hooper: The Counter Terrorism and Security Bill: A Potential Further Erosion of Citizenship Rights in the UK – UK Constitutional Law Association

Posted January 29th, 2015 in bills, citizenship, human rights, news, passports, terrorism by sally

‘The Counter Terrorism and Security Bill was introduced into the House of Commons on 7 January 2015 using a semi-fast-track procedure. The Bill provides for new powers to seize travel documents from individuals suspected of terrorism, for increased powers to retain internet data under the Regulation of Investigatory Powers Act 2000 (RIPA), and more intrusive measures under the Terrorism Prevention and Investigation Measures Act 2011. This comment focuses on one aspect of the Bill: the “temporary exclusion orders” (TEOs) proposed in Chapter Two. These TEOs would allow the Home Secretary to make an executive order to invalidate an individual’s passport whilst s/he is abroad if there is “reasonable suspicion” that s/he has been involved in terrorism or terrorism related activity outside of the United Kingdom. Such orders may remain in force for up to two years. This means that affected individuals can only return to the UK if they become the subject of a “managed return” during which they may be subject to conditions consistent with obligations in the existing Terrorism Prevention and Investigation Measures Act.’

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UK Constitutional Law Association, 27th Janaury 2015

Source: www.ukconstitutionallaw.org

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McCarthy and EU family permits – Free Movement

Posted January 29th, 2015 in EC law, families, freedom of movement, immigration, news, visas by sally

‘Last last year the Court of Justice of the European Union handed down judgment in the case of McCarthy v United Kingdom C-202/13. In some ways it is a very straightforward case: the UK is not permitted to require residence card holding family members of EEA nationals to apply for yet further documentation in the form of an entry permit.’

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Free Movement, 29th January 2015

Source: www.freemovement.org.uk

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Tahira Ahmed murder: Life sentence for wife decapitation – BBC News

Posted January 29th, 2015 in murder, news, sentencing by sally

‘A man who decapitated his wife at their home in west London has been sentenced to life in prison.’

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BBC News, 28th January 2015

Source: www.bbc.co.uk

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Lord Chief Justice calls for independent review of legal market – Legal Futures

Posted January 29th, 2015 in competition, fees, judges, legal services, news, reports by sally

‘There needs to be an independent review of the operation of the legal market to investigate whether the Legal Services Act 2007 is working and why fees have not fallen in the light of greater competition, the Lord Chief Justice said today [27 January].’

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Legal Futures, 27th January 2015

Source: www.legalfutures.co.uk

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Catch-33: Stringent documentary requirements upheld for legal aid in domestic violence cases – UK Human Rights Blog

Posted January 29th, 2015 in documents, domestic violence, evidence, news, regulations by sally

‘The campaign group Rights of Women has been unsuccessful in its judicial review of Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012 (as amended) which sets out the list of documents which will be accepted as evidence that a legal aid applicant has suffered or is at risk of suffering domestic violence. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) purports to retain legal aid for victims of domestic violence. However, such funding is only available where at least one of the documents listed in Regulation 33 is submitted to the Legal Aid Agency.’

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UK Human Rights Blog, 28th January 2015

Source: www.ukhumanrightsblog.com

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Copyright owners free to choose where to bring web infringement claims but restrictions placed on damages – OUT-LAW.com

Posted January 29th, 2015 in copyright, damages, EC law, foreign jurisdictions, internet, news by sally

‘A ruling by the EU’s highest court could mean that businesses have to take multiple cases across Europe if they want to claim damages for copyright infringement, an expert has said.’

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OUT-LAW.com, 27th January 2015

Source: www.out-law.com

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Unnoticed – NearlyLegal

Posted January 29th, 2015 in appeals, easements, housing, landlord & tenant, news, repairs by sally

‘Mr Edwards rented a second floor flat from Mr Kumarasamy. Mr K was the leaseholder of that flat, but did not own any other part of the property. Mr K’s lease granted him “the right to use on foot the entrance hall, lift and staircases giving access to the flat; the right to use an access road and parking space and the right to use the Bin Store (which is part of the Communal Areas as defined) and other facilities provided by the landlord. Regulations forming part of the lease in fact require all domestic rubbish to be placed in the Bin Store.”’

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NearlyLegal, 28th January 2015

Source: www.nearlylegal.co.uk

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Alexander Horne: Evidence under oath, perjury and parliamentary privilege – UK Constitutional Law Association

‘The issue of select committee powers has received renewed interest during the 2010-15 Parliament, culminating in a report from Liaison Committee on Select committee effectiveness, resources and powers (in October 2012); and, subsequently, a report by the Joint Committee on Parliamentary Privilege in July 2013 (and a Government response later that year).’

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UK Constitutional Law Association, 29th January 2015

Source: www.ukconstitutionallaw.org

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Witness statements by advocates – Free Movement

Posted January 29th, 2015 in advocacy, barristers, immigration, news, tribunals, witnesses by sally

‘Where something goes badly wrong at a hearing it is sometimes necessary for the advocate who was present to explain events as part of the appeal process. It has become customary in immigration proceedings for the advocate to have to write a witness statement and therefore, because he or she is by doing so giving evidence, to stand down from the case and hand over to a colleague. Upper Tribunal judges have seemed insistent that an advocate can barely breath a word of what might have happened at the previous hearing without spontaneously combusting.’

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Free Movement, 28th January 2015

Source: www.freemovement.org.uk

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Pornography online is driving ‘horrific’ crimes, says top judge – Daily Telegraph

Posted January 29th, 2015 in internet, judges, murder, news, pornography, violence, violent offenders by sally

‘Lord Chief Justice warns that extreme material on the internet appears to be intensifying the actions of some murderers.’

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Daily Telegraph, 27th January 2015

Source: www.telegraph.co.uk

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Man cleared of Ngoc Giam Dang ‘giant pestle’ murder – BBC News

Posted January 29th, 2015 in murder, news by sally

‘A restaurant worker accused of using a giant oriental pestle to club to death a 74-year-old love rival has been cleared of murder at the Old Bailey.’

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BBC News, 28th January 2015

Source: www.bbc.co.uk

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Analysis: Why can’t we sue the police for negligence? – BBC News

Posted January 29th, 2015 in appeals, human rights, immunity, negligence, news, police, public interest, Supreme Court by sally

‘You call the police in your moment of need and they don’t turn up until it’s too late.’

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BBC News, 28th January 2015

Source: www.bbc.co.uk

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Family of woman killed by ex-partner loses battle to sue police for negligence – The Guardian

Posted January 29th, 2015 in appeals, domestic violence, families, immunity, murder, negligence, news, police, Supreme Court by sally

‘A family has lost its battle in the supreme court for the right to sue police for negligence over the death of a young mother killed by her ex-boyfriend in fit of jealous rage.’

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The Guardian, 28th January 2015

Source: www.guardian.co.uk

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Risks of refusing reasonable offers to settle in divorce cases – Halsbury’s Law Exchange

Posted January 29th, 2015 in appeals, costs, divorce, financial provision, news, sanctions by sally

‘The judgment in SR v RS demonstrates that parties cannot, in the face of reasonable offers to settle, continue to litigate matters indefinitely without the spectre of cost sanctions.’

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Halsbury’s Law Exchange, 27th January 2015

Source: www.halsburyslawexchange.co.uk

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Sex therapy in prisons does not stop rapists reoffending, warns expert – Daily Telegraph

Posted January 29th, 2015 in news, prisons, recidivists, rehabilitation, sexual offences by sally

‘David Ho, a Consultant Forensic Psychiatrist, said there was no evidence to show that therapy prevented further offending.’

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Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

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Newport train bomb threat man jailed – BBC News

Posted January 29th, 2015 in bomb hoaxing, news, sentencing by sally

‘A man has been jailed after saying he had a bomb and would blow up a commuter train.’

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BBC News, 28th January 2015

Source: www.bbc.co.uk

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‘Angel of Death’ murders: Juror’s doubt over guilty verdict – Daily Telegraph

‘Paul Moffitt is the second juror to cast doubt on the 2008 conviction of the nurse Colin Norris for killing four elderly hospital patients.’

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Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

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Women with disabilities excluded from domestic abuse law, say campaigners – The Guardian

Posted January 29th, 2015 in bills, carers, crime, disabled persons, domestic violence, news, women by sally

‘A new law on domestic violence that criminalises “coercive control” could exclude women with disabilities, who are particularly vulnerable to such abuse, say campaigners.’

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The Guardian, 28th January 2015

Source: www.guardian.co.uk

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Campaigners hail DPP’s tough new rape guidelines as ‘huge step forward’ – The Independent

Posted January 29th, 2015 in consent, Crown Prosecution Service, news, police, rape by sally

‘Radical changes to the way sex offences are investigated have been hailed as a “huge step forward” by campaigners.’

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The Independent, 28th January 2015

Source: www.independent.co.uk

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The £8.8m typo: how one mistake killed a family business – The Guardian

Posted January 29th, 2015 in compensation, government departments, insolvency, mistake, news, small businesses by sally

‘The Welsh engineering firm of Taylor & Sons has won a major claim against the government agency after they mixed it up with another firm of a similar name.’

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The Guardian, 28th January 2015

Source: www.guardian.co.uk

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