CPP faces £33.4m bill for fines and compensation after FSA investigation – The Guardian

Posted November 15th, 2012 in compensation, financial regulation, fines, insurance, news by sally

“The identity theft and credit card insurance company CPP faces a £33.4m bill to pay fines and compensation to customers following the conclusion of a long-running investigation by the Financial Services Authority.”

Full story

The Guardian, 15th November 2012

Source: www.guardian.co.uk

No article 2 inquest over 14-year-old overdose death, despite failings – UK Human Rights Blog

Posted November 15th, 2012 in drug abuse, human rights, inquests, news, social services by sally

“The High Court – including the new Chief Coroner – has held that the enhanced investigative duty under Article 2, the right to life, is not engaged in an inquest into the death of a 14 year old boy, despite ‘many missed opportunities’ for intervention by social services being identified.”

Full story

UK Human Rights Blog, 14th November 2012

Source: www.ukhumanrightsblog.com

Retention and disclosure of police caution data infringe Article 8 – Panopticon

“The European Court of Human Rights yesterday handed down a Chamber judgment in M.M. v United Kingdom (Application no. 24029/07) declaring that the arrangements for the indefinite retention of data relating to a person’s caution in a criminal matter and for the disclosure of such data in criminal record checks infringe Article 8 of the ECHR. Although the Court recognised that there might be a need for a comprehensive record of data relating to criminal matters, the indiscriminate and open-ended collection of criminal record data was unlikely to comply with Article 8 in the absence of clear and detailed statutory regulations clarifying the safeguards applicable and governing the use and disposal of such data, particularly bearing in mind the amount and sensitivity of the data.”

Full story

Panopticon, 14th November 2012

Source: www.panopticonblog.com

Hooper: call police over ‘corrupt’ referral fees – Law Society’s Gazette

Posted November 15th, 2012 in corruption, fees, law firms, news by sally

“A former Court of Appeal judge earlier this week called for lawyers who pay or receive ‘corrupt’ referral fees to be reported to the police. Lord Justice Hooper told the bar conference that the growth of referral fees, which ‘corruptly’ influence the choice of trial advocate, is the most pernicious consequence of the government’s ‘savage’ legal aid cuts.”

Full story

Law Society’s Gazette, 15th November 2012

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 15th, 2012 in legislation by sally

The Eritrea (Sanctions) (Overseas Territories) Order 2012

The Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012

The Liberia (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012

The Iraq (United Nations Sanctions) (Overseas Territories) (Amendment) Order 2012

The Transfer of Functions (Sea Fisheries) Order 2012

The Forestry Commissioners (Climate Change Functions) (Scotland) Order 2012 (Consequential Modifications) Order 2012

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012

The Recovery of Costs (Remand to Youth Detention Accommodation) (England and Wales) Regulations 2012

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012

The Zimbabwe (Sanctions) (Overseas Territories) Order 2012

The European Communities (Designation) (No. 2) Order 2012

The Wireless Telegraphy (Licence Award) Regulations 2012

Source: www.legislation.gov.uk

Crucial battle against UK ‘secret courts’ begins in earnest – The Guardian

Posted November 15th, 2012 in bills, closed material, intelligence services, news, parliament, private hearings by sally

“The House of Lords on Monday is due to vote on one of the most contentious but important pieces of legislation to come before this parliament.”

Full story

The Guardian, 14th November 2012

Source: www.guardian.co.uk

Senior judge attacks meritless immigration challenges – Daily Telegraph

Posted November 15th, 2012 in appeals, deportation, immigration, judges, news by sally

“Immigration lawyers who lodge last minute meritless legal challenges against removals are an ‘intolerable waste of public money’ and will be name and shamed, one of the country’s most senior judges has warned.”

Full story

Daily Telegraph, 14th November 2012

Source: www.telegraph.co.uk

Judicial dialogue? Straw and Bratza deliver choice words on Strasbourg – The Guardian

Posted November 15th, 2012 in courts, human rights, lectures, lord chancellor, news, treaties by sally

“Former lord chancellor suggests the human rights court will be the architect of its own demise as the former president recalls its achievements.”

Full story

The Guardian, 14th November 2012

Source: www.guardian.co.uk

Gary Cooper jailed for rape after online grooming – BBC News

Posted November 15th, 2012 in internet, news, rape, sentencing, sexual grooming by sally

“A man who raped a 12-year-old girl from Hampshire after posing online as a teenage girl, has been jailed for 14 years and four months.”

Full story

BBC News, 14th November 2012

Source: www.bbc.co.uk

YouView loses trademark appeal – The Guardian

Posted November 15th, 2012 in appeals, internet, media, news, trade marks by sally

“YouView, the much-delayed internet-connected TV service that finally launched earlier this year, may now have to change its name or face paying damages for trademark infringement after losing a high court appeal.”

Full story

The Guardian, 14th November 2012

Source: www.guardian.co.uk

Lord McAlpine and libel reform – The Guardian

Posted November 14th, 2012 in bills, defamation, immunity, media, news, public interest by sally

“What the Newsnight debacle can tell us about proposed changes to defamation law.”

Full story

The Guardian, 14th November 2012

Source: www.guardian.co.uk

Environmental and Planning Law Newsletter – Thirty Nine Essex Street

Posted November 14th, 2012 in costs, environmental protection, judicial review, news, planning, tribunals by sally

Environmental and Planning Law Newsletter (PDF)

Thirty Nine Essex Street, November 2012

Source: www.39essex.com

BAILII: Recent Decisions

Posted November 14th, 2012 in law reports by sally

High Court (Chancery Division)

Yeates & Anor v Line & Anor [2012] EWHC 3085 (Ch) (12 November 2012)

High Court (Administrative Court)

L, R (on the application of) v West London Mental Health NHS Trust [2012] EWHC 3200 (Admin) (13 November 2012)

High Court (Technology and Construction Court)

Vertase FLI Ltd v Squibb Group Ltd [2012] EWHC 3194 (TCC) (13 November 2012)

Source: www.bailii.org

Man who put cat in tumble drier jailed – The Independent

Posted November 14th, 2012 in animal cruelty, internet, news, sentencing, video recordings by sally

“A man who put his cat in a tumble drier and posted the footage on YouTube has been jailed.”

Full story

The Independent, 13th November 2012

Source: www.independent.co.uk

UK continues to oppose new single EU data protection law regime – OUT-LAW.com

Posted November 14th, 2012 in data protection, EC law, jurisdiction, news by sally

“The UK, together with a number of other EU member states, is still opposed to the creation of a new singularly applicable data protection regime across the trading bloc, according to a new report.”

Full story

OUT-LAW.com, 13th November 2012

Source: www.out-law.com

Abu Qatada: Preventing a flagrant denial of justice – UK Human Rights Blog

Posted November 14th, 2012 in appeals, deportation, evidence, human rights, news, terrorism, torture by sally

“Earlier today [13 November], Abu Qatada was released from Long Lartin prison following his successful appeal before the Special Immigration Appeal’s Commission (SIAC). Qatada was challenging the decision to deport him to Jordan, where he faces a retrial for alleged terrorism offences.”

Full story

UK Human Rights Blog, 13th November 2012

Source: www.ukhumanrightsblog.com

Former MI5 chief General Baroness Manningham-Buller backs proposals for judges to hear intelligence evidence in secret – The Independent

“Intelligence relationships between the UK and other countries could be ‘seriously jeopardised’ unless judges are allowed to hear evidence in secret, a former MI5 chief has said today.”

Full story

The Independent, 14th November 2012

Source: www.independent.co.uk

Unpopular Twitter accounts could escape prosecution for ‘grossly offensive’ tweets – Daily Telegraph

“Twitter account holders with few followers could escape prosecution for posting ‘grossly offensive’ messages as part of an attempt to protect free speech online, under new guidelines being developed by Britain’s most senior prosecutor.”

Full story

Daily Telegraph, 13th November 2012

Source: www.telegraph.co.uk

European court ruling could see minor criminal records withheld from employers – Daily Telegraph

Posted November 14th, 2012 in criminal records, disclosure, employment, human rights, news, vetting by sally

“People with minor criminal records may not have them disclosed to potential employers in future after the European Court of Human Rights condemned the lack of scope for discretion in Britain’s current vetting system.”

Full story

Daily Telegraph, 13th November 2012

Source: www.telegraph.co.uk

Government acts to remove “gender bias” on parental leave and flexible working – OUT-LAW.com

“A new system of shared flexible parental leave will allow parents to choose how they share childcare responsibilities in the first year after a child’s birth, the Government has announced.”

Full story

OUT-LAW.com, 13th November 2012

Source: www.out-law.com