Google “Right to be forgotten” – freedom of expression v privacy – Halsbury’s Law Exchange

Posted July 21st, 2014 in EC law, freedom of expression, internet, news, privacy by sally

‘In the context of the draft EU General Data Protection Regulations (the Draft Regulations) – which will replace the current EU Data Protection Directive 95/46/EC (the Directive) – should the European Court of Justice’s (ECJ) Google Spain “Right to be forgotten” ruling be welcomed? Is it testing the “right to be forgotten” contained in the Draft Regulations before it is enshrined in legislation, or does it simply amount to the clumsy implementation of a “new” right without a democratic debate on its wider implications?’

Full story

Halsbury’s Law Exchange, 17th July 2014

Source: www.halsburyslawexchange.co.uk

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Cary v Commissioner of Police of the Metropolis (Equality and Human Rights Commission intervening) – WLR Daily

Cary v Commissioner of Police of the Metropolis (Equality and Human Rights Commission intervening) [2014] EWCA Civ 987; [2014] WLR (D) 320

‘The Court of Appeal gave guidance as to the procedure for the appointment of assessors in discrimination cases under the Equality Act 2010.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Regina v Mehmedov – WLR Daily

Regina v Mehmedov [2014] EWCA Crim 1523; [2014] WLR (D) 325

‘A certificate of a conviction in a member state of the European Union was admissible in evidence under section 73(1) of the Police and Criminal Act 1984 even where the conviction preceded the accession of the member state concerned to the European Union.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

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Will Drip law make UK citizens’ data more attractive to hackers? – The Guardian

‘The Data Retention and Investigatory Powers (Drip) bill that yesterday cleared the House of Lords will make companies holding UK citizens’ communications data far more attractive to criminal hackers, a security expert has warned.’

Full story

The Guardian, 18th July 2014

Source: www.guardian.co.uk

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Care in custody failings – Law Society’s Gazette

Posted July 21st, 2014 in detention, immigration, inquests, medical treatment, news by sally

‘Last week, a jury at the inquest into the death of American tourist Brian Dalrymple, who died after being detained at the Harmondsworth Immigration Removal Centre (pictured), delivered a verdict of ‘natural causes contributed to by neglect’. The jury’s verdict amounted to a finding that there were gross failures in the medical care Brian received which caused or contributed to his death.’

Full story

Law Society’s Gazette, 21st July 2014

Source: www.lawgazette.co.uk

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Ministry of Justice recruits redundant prison officers to ease jail crisis – The Guardian

Posted July 21st, 2014 in news, prison officers, prisons, redundancy by sally

‘The Ministry of Justice is trying to re-employ more than 2,000 prison officers who only recently took voluntary redundancy, in a move to avert a crisis triggered by the rising number of prisoners in Britain’s jails.’

Full story

The Guardian, 20th July 2014

Source: www.guardian.co.uk

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Victim right of review scheme sees 146 suspects charged with offences – The Independent

Posted July 21st, 2014 in criminal justice, Crown Prosecution Service, news, prosecutions, victims by sally

‘Almost 150 suspects have been charged for offences after alleged victims appealed against decisions not to prosecute them under the new right to review scheme, according to new figures.’

Full story

The Independent, 19th July 2014

Source: www.independent.co.uk

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Ched Evans launches fresh rape conviction appeal bid – BBC News

Posted July 21st, 2014 in appeals, news, rape by sally

‘Footballer Ched Evans has launched a fresh bid to get his rape conviction overturned.’

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BBC News, 19th July 2014

Source: www.bbc.co.uk

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Abdul Hakim Belhaj rendition damages case at Appeal Court – BBC News

Posted July 21st, 2014 in appeals, intelligence services, Libya, news, rendition, torture by sally

‘A damages action brought against the UK over a 2004 rendition case involving a Libyan politician and his wife is being heard at the Court of Appeal later.’

Full story

BBC News, 21st July 2014

Source: www.bbc.co.uk

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Deaf workers accused of ‘new whiplash’ claims in insurance fraud – The Independent

Posted July 21st, 2014 in compensation, industrial injuries, news by sally

‘Compensation claims for industrial deafness have risen by two thirds over the past two years, according to insurance and legal experts. Despite the increase, however, only one in 10 cases are being paid out amid claims of widespread fraud.’

Full story

The Independent, 20th July 2014

Source: www.independent.co.uk

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Solicitors will close if fee cuts not delayed, warns Law Society chief – The Guardian

Posted July 21st, 2014 in budgets, criminal justice, fees, law firms, legal aid, news by sally

‘Hundreds of solicitors’ firms will close if the Ministry of Justice does not postpone fee cuts and delay changes to criminal legal aid contracts, the new president of the Law Society has warned.’

Full story

The Guardian, 21st July 2014

Source: www.guardian.co.uk

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Babysitter jailed for raping boy of three – BBC News

Posted July 18th, 2014 in child abuse, news, rape, sentencing by tracey

‘A 66-year-old man has been jailed for life for raping a three-year-old boy he was babysitting.’

Full story

BBC News, 18th July 2014

Source: www.bbc.co.uk

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Former PC jailed for 18 months for offering story on colleague to tabloid – The Guardian

Posted July 18th, 2014 in misfeasance in public office, news, police, sentencing by tracey

‘A former police constable has been jailed for 18 months for offering to sell a salacious story about a “womanising and bullying” colleague to the Sun newspaper.’

Full story

The Guardian, 17th July 2014

Source: www.guardian.co.uk

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New Deepcut inquest to be held into death of Cheryl James – BBC News

Posted July 18th, 2014 in armed forces, human rights, inquests, news, young persons by tracey

‘A new inquest has been ordered into the death of soldier Pte Cheryl James at Deepcut barracks in Surrey.’

Full story

BBC News, 18th July 2014

Source: www.bbc.co.uk

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Banking sector faces wide-ranging review by finance watchdog – The Guardian

Posted July 18th, 2014 in banking, competition, financial regulation, news by tracey

‘Britain’s big four high street banks could be forced to break themselves up after the competition watchdog signalled its intention to launch a sweeping investigation into the £10bn-a-year sector.’

Full story

The Guardian, 18th July 2014

Source: www.guardian.co.uk

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Insurance Contract Law – Law Commission

Posted July 18th, 2014 in contracts, insurance, press releases by tracey

‘Report from the Law Commissions of England and Wales and of Scotland making recommendations for reform to modernise business insurance law. The majority of these recommendations are included in the Government’s Insurance Bill.’

Full press release

Law Commission, 17th July 2014

Source: www.justice.gov.uk/lawcommission

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Data Retention & Investigatory Powers Bill receives Royal Assent – Home Office

‘Legislation to ensure UK law enforcement and intelligence agencies continue to have access to the vital evidence and information they need to investigate criminal activity, prevent terrorism and protect the public has today (Thursday 17 July) received Royal Assent.’

Full press release

Home Office, 17th July 2014

Source: www.gov.uk/home-office

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Recent Statutory Instruments – legislation.gov.uk

Posted July 18th, 2014 in legislation by tracey

The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (Institute of Chartered Accountants in England and Wales) Order 2014

The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (Chartered Institute of Patent Attorneys and Institute of Trade Mark Attorneys) Order 2014

The European Union (Definition of Treaties) (Convention on International Interests in Mobile Equipment and Protocol thereto on matters specific to Aircraft Equipment) Order 2014

The Double Taxation Relief and International Tax Enforcement (Japan) Order 2014

The Double Taxation Relief and International Tax Enforcement (Iceland) Order 2014

The Inspectors of Education, Children’s Services and Skills (No. 6) Order 2014

The Double Taxation Relief and International Tax Enforcement (Zambia) Order 2014

The Double Taxation Relief and International Tax Enforcement (Belgium) Order 2014

The Double Taxation Relief (Federal Republic of Germany) Order 2014

The Legal Services Act 2007 (Approved Regulator) Order 2014

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2014

The Financial Services and Markets Act 2000 (Regulated Activities) (Green Deal) (Amendment) Order 2014

The Port Security (Port of Londonderry) Designation Order 2014

The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014

The Human Medicines (Amendment) (No. 2) Regulations 2014

The Lincolnshire County Council (River Witham Bridge) Scheme 2013 Confirmation Instrument 2014

The Representation of the People (Variation of Limits of Candidates’ Election Expenses) Order 2014

Source: www.legislation.gov.uk

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Ahmad v Secretary of State for the Home Department (AIRE Centre intervening) – WLR Daily

Ahmad v Secretary of State for the Home Department (AIRE Centre intervening); [2014] EWCA Civ 988; [2014] WLR (D) 318

‘The conditions in article 7(1) of Parliament and Council Directive 2004/38/EC, as implemented by the Immigration (European Economic Area) Regulations 2006, were to be strictly interpreted on the basis that the right to a permanent residence card was a privilege which was not conferred unless there was strict and literal compliance with the conditions therein. They were not to be interpreted under European Union law in a dynamic way such that it was enough if they were substantially or functionally fulfilled.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

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YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another – WLR Daily

Posted July 18th, 2014 in data protection, EC law, government departments, immigration, law reports by tracey

YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another; (Joined Cases C-141/12 and C-372/12) ECLI:EU:C:2014:2081; [2014] WLR (D) 324

‘Article 2(a) of Parliament and Council Directive 95/46/EC meant that data relating to an applicant for a residence permit contained in an administrative document amounted to “personal data”. Article 12(a) of Directive 95/46 and article 8(2) of the Charter of Fundamental Rights of the European Union meant that an applicant for a residence permit had a right of access to all personal data concerning him which were processed by the national administrative authorities within the meaning of article 2(b). For that right to be complied with, it was sufficient that the applicant was in possession of a full summary of those data in an intelligible form, which allowed the applicant to become aware of those data and to check that they were accurate and processed in compliance with that Directive, so that he could, where relevant, exercise the rights conferred on him by that Directive. Article 41(2)(b) of the Charter meant that the applicant for a residence permit could not rely on that provision against the national authorities.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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