Max Mosley, the media and UK privacy laws – Law Society’s Gazette

Posted May 19th, 2011 in freedom of expression, human rights, media, news, privacy by tracey

“What better evening to launch the second edition of Tugendhat and Christie’s The Law of Privacy and the Media than the day on which the European Court of Human Rights handed down its hotly anticipated decision in Mosley v the United Kingdom? On 10 May, the publishers Oxford University Press must have been slapping themselves on the back for their good timing. The judges and senior practitioners present talked of little else.”

Full story

Law Society’s Gazette, 19th May 2011

Source: www.lawgazette.co.uk

Peer raises Fred Goodwin injunction in Lords – BBC News

Posted May 19th, 2011 in banking, injunctions, news, parliamentary privilege, public interest by tracey

“A Lib Dem peer has used Parliamentary rules to reveal more details of the injunction relating to former bank boss Sir Fred Goodwin.”

Full story

BBC News, 19th May 2011

Source: www.bbc.co.uk

Birmingham City Council care cuts ruling expected – BBC News

Posted May 19th, 2011 in disability discrimination, local government, news, social services by tracey

“High Court judges are to make a ruling on council care cuts that will have implications for all local authorities in England and Wales.”

Full story

BBC News, 19th May 2011

Source: www.bbc.co.uk

Hospitals face £665,000 fines for putting men and women on same wards – Daily Telegraph

Posted May 19th, 2011 in fines, hospitals, news by tracey

“Hospitals will be fined £665,000 for leaving men and women in the same wards as a tough new regime comes into force.”

Full story

Daily Telegraph, 19th May 2011

Source: www.telegraph.co.uk

Stephen Lawrence: reporting of new murder trial proves court is intent on open justice – The Guardian

Posted May 19th, 2011 in murder, news, public interest, reporting restrictions, retrials by tracey

“In allowing the media to report that Gary Dobson and David Norris will stand trial at the Old Bailey in November for the murder in 1993 of Stephen Lawrence, the court of appeal has recognised the public interest in open justice.”

Full story

The Guardian, 18th May 2011

Source: www.guardian.co.uk

Digital Opportunity: A review of Intellectual Property and Growth – Report by Ian Hargreaves

Posted May 19th, 2011 in copyright, intellectual property, internet, patents, reports by tracey

“In November 2010 the Prime Minister David Cameron announced an independent review of how the Intellectual Property framework supports growth and innovation. Chaired by Professor Ian Hargreaves and assisted by a panel of experts, the review reported to Government in May 2011. The Review makes 10 recommendations designed to ensure that the UK has an IP framework best suited to supporting innovation and promoting economic growth in the digital age.”

Full report

Intellectual Property Office, 18th May 2011

Source: www.ipo.gov.uk

Lincolnshire death crash police inspector loses appeal – BBC News

Posted May 19th, 2011 in appeals, careless driving, news, police, sentencing by tracey

“An off-duty Lincolnshire police inspector who killed a man in a car crash has failed in a Court of Appeal bid to clear his name.”

Full story

BBC News, 18th May 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 19th, 2011 in law reports by tracey

Court of Appeal (Civil Division)

Grand v Gill [2011] EWCA Civ 554 (19 May 2011)

Court of Appeal (Criminal Division)

Sammon v R. [2011] EWCA Crim 1199 (18 May 2011)

Dobson, R v [2011] EWCA Crim 1256 (18 May 2011)

High Court (Family division)

X, Y, Z (Minors), Re [2011] EWHC 1267 (Fam) (18 May 2011)

High Court (Queen’s Bench Division)

Dobson, R v [2011] EWCA Crim 1256 (18 May 2011)

London Borough of Wandsworth v Covent Garden Market Authority [2011] EWHC 1245 (QB) (18 May 2011)

Proteus Property Partners Ltd v South African Property Opportunities Plc [2011] EWHC 1236 (QB) (18 May 2011)

Source: www.bailii.org

In re McCaughey and another (Northern Ireland Human Rights Commission and others intervening) – WLR Daily

Posted May 19th, 2011 in human rights, inquests, law reports, Supreme Court by tracey

In re McCaughey and another (Northern Ireland Human Rights Commission and others intervening) [2011] UKSC 20;  [2011] WLR (D)  163

“If the United Kingdom chose to hold an inquest into a death resulting from acts by agents of the state which occurred before the Human Rights Act 1998 came into force, that inquest had to comply with the procedural obligations of article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 18th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) – WLR Daily

Posted May 19th, 2011 in DNA, law reports, police, Supreme Court by tracey

Regina (GC) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (C) v Same (Same intervening) [2011] UKSC 21;  [2011] WLR (D)  162

“The statutory discretion for the police to retain biometric data obtained from criminal suspects who were subsequently not proceeded against or were acquitted could be exercised in a rational and proportionate manner which respected and fulfilled the statutory purpose but did not involve the indefinite retention of data taken from all suspects, regardless of their age and the nature of the alleged offence, in breach of their right to privacy.”

WLR Daily, 18th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Qureshi – WLR Daily

Regina v Qureshi [2011] WLR (D)  161

“A landlord of a residential occupier could not be convicted of an offence of harassment, contrary to section 1(3A) of the Protection from Eviction Act 1977, on the basis of vicarious liability.”

WLR Daily, 17th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Recent Statutory Instruments – legislation.gov.uk

Posted May 19th, 2011 in legislation by tracey

The Constitutional Reform and Governance Act 2010 (Commencement No. 5) Order 2011

Source: www.legislation.gov.uk

Police federation speech – Speech by Theresa May

Posted May 19th, 2011 in pensions, police, remuneration, speeches by tracey

“The Home Secretary delivered this speech at the Police Federation Conference 2011 on 18 May, 2011.”

Full speech

Home Office, 17th May 2011

Source: www.homeoffice.gov.uk

Joint CPS and MPS statement on Stephen Lawrence case – Crown Prosecution Service

Posted May 19th, 2011 in double jeopardy, murder, press releases, retrials by tracey

“Stephen Lawrence was murdered on 22 April 1993 in an unprovoked attack. Two men have recently been charged with his murder: David Norris and Gary Dobson. They are both in custody and will stand trial later this year at the Central Criminal Court.”

Full press release

Crown Prosecution Service, 18th May 2011

Source: www.cps.gov.uk

Solicitor General: Speech to Annual Conference of the Institute of Money Laundering Prevention Officers – Attorney General’s Office

“Solicitor General: Speech to Annual Conference of the Institute of Money Laundering Prevention Officers on 16th May 2011.”

Full speech

Attorney General’s Office, 16th May 20111

Source: www.attorneygeneral.gov.uk

Avon and Somerset Police neglected cell death man – BBC News

Posted May 19th, 2011 in alcohol abuse, death in custody, duty of care, news, police by tracey

“Failures by custody staff at Bath police station contributed directly to the death of a man found drunk in the street, an inquest has found.”

Full story

BBC News, 18th May 2011

Source: www.bbc.co.uk

David Cameron rules out further inquiries into death of Dr David Kelly – Daily Telegraph

Posted May 19th, 2011 in attorney general, inquests, inquiries, news by tracey

“David Cameron has ruled out further inquiries into the death of the weapons expert Dr David Kelly.”

Full story

Daily Telegraph, 18th May 2011

Source: www.telegraph.co.uk

Will sharing parental leave be fair? – Daily Telegraph

Posted May 19th, 2011 in maternity leave, news, parental rights, paternity leave by tracey

“Employers that offer generous maternity pay packages could land themselves in legal hot water if they fail to extend the benefit to fathers, experts have warned.”

Full story

Daily Telegraph, 19th May 2011

Source: www.telegraph.co.uk

DNA retention judgment won’t see discriminatory policy destroyed – The Guardian

Posted May 19th, 2011 in bills, DNA, news, Supreme Court by tracey

“Time for the latest instalment in the enduring battle against excessive DNA retention. We have a new supreme court judgment, almost 10 years since the law was changed, on 11 May 2001, to permit the police to hold forever the DNA of everyone arrested, irrespective of their guilt. One of the most pernicious consequences of this policy has been the massive over-representation of black people on the DNA database.”

Full story

The Guardian, 18th May 2011

Source: www.gurdian.co.uk

Clarke forced to apologise for rape comments – The Guardian

Posted May 19th, 2011 in guilty pleas, lord chancellor, news, rape, sentencing by tracey

“Kenneth Clarke, the justice secretary, is expected to announce a climbdown over his plan for sentence discounts of up to 50% for early guilty pleas after he provoked a row by appearing to suggest that some rapes are more serious than others.”

Full story

The Guardian, 18th May 2011

Source: www.guardian.co.uk