Month: July 2013

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Posted July 30th, 2013 in airports, bills, EC law, environmental protection, law reports, local government, parliamentary papers, planning, railways by sally

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same [2013] EWCA Civ 920; [2013] WLR (D) 308

“The Government’s proposed strategy for the promotion, construction and operation of a new high speed rail network, as set out in a command paper and followed after consultation by an announcement of decisions and next steps, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) so as to necessitate an environmental assessment within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

South Lanarkshire Council v Scottish Information Commissioner – WLR Daily

Posted July 30th, 2013 in appeals, data protection, equal pay, freedom of information, law reports, local government, news, Scotland, Supreme Court by sally

South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55; [2013] WLR (D) 307

“Whether processing personal data was ‘necessary’ within the meaning of condition 6 in Schedule 2 to the Data Protection Act 1998 was to be determined as part of the proportionality test established in European Union law so that a measure which interfered with a right protected by such law had to be the least restrictive for the achievement of a legitimate aim.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Barristers to be able to conduct litigation from January 2014 – Local Government Lawyer

Posted July 30th, 2013 in barristers, codes of practice, news, self-employment by sally

“Self-employed barristers will be able to apply for an extension to their practising certificate to conduct litigation from January 2014, the Bar Standards Board has said.”

Full story

Local Government Lawyer, 29th July 2013

Source: www.localgovernmentlawyer.co.uk

Guidelines needed to help lawyers provide a better service to people with learning disabilities

Posted July 30th, 2013 in codes of practice, law firms, learning difficulties, legal profession, news by sally

“A lack of experience in dealing with people with learning disabilities means lawyers often struggle to provide this vulnerable client group with the specialist support they need, according to new research published today.”

Full story (PDF)

Legal Services Board, 29th July 2013

Source: www.legalservicesboard.org.uk

New measures to clamp down on legal aid cheats – Ministry of Justice

Posted July 30th, 2013 in assets recovery, enforcement, legal aid, news, proceeds of crime by sally

“New measures launched today will see those criminals who deliberately cheat the system and leave taxpayers to foot their legal aid bill, despite being able to pay, face having their cars seized.”

Full story

Ministry of Justice, 30th July 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Tough new laws on aggressive bailiffs – Ministry of Justice

Posted July 30th, 2013 in bailiffs, bills, consultations, news, repossession by sally

“Tough new laws designed to protect the public from aggressive bailiffs are being implemented by Government.”

Full story

Ministry of Justice, 30th July 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

South Lanarkshire Council (Appellant) v The Scottish Information Commissioner (Respondent) (Scotland) – Supreme Court

Posted July 30th, 2013 in appeals, data protection, equal pay, freedom of information, law reports, local government, Scotland, Supreme Court by sally

South Lanarkshire Council (Appellant) v The Scottish Information Commissioner (Respondent) (Scotland) [2013] UKSC 55 | UKSC 2012/0126 (YouTube)

Supreme Court, 29th July 2013

Source: www.youtube.com/user/UKSupremeCourt

BSB welcomes QASA approval – Bar Standards Board

Posted July 30th, 2013 in barristers, news, quality assurance by sally

“The Bar Standards Board welcomes the formal approval by the Legal Services Board (LSB) of the Quality Assurance Scheme for Advocates (QASA).”

Full story

Bar Standards Board, 29th July 2013

Source: www.barstandardsboard.org.uk

Making the Most of Direct Access – Criminal Law and Justice Weekly

Posted July 30th, 2013 in barristers, costs, news, solicitors by sally

“Simon Myerson QC explains the benefits of a web site bringing barristers and the public together.”

Full story

Criminal Law and Justice Weekly, 27th July 2013

Source: www.criminallawandjustice.co.uk

Two jurors jailed for contempt of court after misusing internet during trials – The Guardian

Posted July 30th, 2013 in contempt of court, juries, news, sentencing by sally

“Two jurors have both been jailed for two months after being found guilty of contempt of court for misusing the internet during crown court trials.”

Full story

The Guardian, 29th July 2013

Source: www.guardian.co.uk

Jurors who research cases on internet cause ‘absolute chaos’, Attorney General says – Daily Telegraph

Posted July 30th, 2013 in attorney general, contempt of court, juries, news, sentencing by sally

“Jurors who use the internet to research court cases cause ‘absolute chaos’, Dominic Grieve, the Attorney General, said today.”

Full story

Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk

Rochdale man sentenced for Royal Marine manslaughter – BBC News

Posted July 30th, 2013 in armed forces, assault, homicide, news, sentencing, young offenders by sally

“A 20-year-old man who killed a Royal Marine with one punch has been jailed for four years.”

Full story

BBC News, 29th July 2013

Source: www.bbc.co.uk

Standing and judicial review: why we all have a “direct interest” in government according to law – UK Human Rights Blog

Posted July 30th, 2013 in interest, judicial review, news by sally

“According to reports in yesterday’s Times (£) and Telegraph, the government is planning a further set of reforms to judicial review. (I have written before about why the original proposals, published in December 2012, were objectionable—and about the fact that the government pressed ahead with many, but not all, of them, excoriating criticism notwithstanding.)”

Full story

UK Human Rights Blog, 30th July 2013

Source: www.ukhumanrightsblog.com

Water, water everywhere… – NearlyLegal

Posted July 30th, 2013 in appeals, burden of proof, news, service charges, tribunals, valuation, water companies by sally

“There are those who say that service charges are a dry subject. To them I say, welcome to Wallace-Jarvis v (1) Optima (Cambridge) Ltd (2) Khazai [2013] UKUT 328 (LC).”

Full story

NearlyLegal, 29th July 2013

Source: www.nearlylegal.co.uk

What does ‘surveillance’ mean? – Panopticon

Posted July 30th, 2013 in consent, human rights, investigatory powers, news by sally

“A five-member panel of the Investigatory Powers Tribunal last week issued its decision in Re: a Complaint of Surveillance (case no: IPT/A1/2013). The decision was on a preliminary point arising from this sort of factual scenario: suppose you voluntarily participate in an interview with policing/investigatory authorities but, unbeknownst to you, the investigators use a device to record that interview? Would this act of recording constitute ‘surveillance’ for the purposes of the Regulation of Investigatory Powers Act 2000 (RIPA), such that it requires authorisation (assuming it to be ‘directed’) was required? Would it engage your rights under Article 8 ECHR?”

Full story

Panopticon, 29th July 2013

Source: www.panopticonblog.com

Anti-caste discrimination reforms blocked, say critics – The Guardian

Posted July 30th, 2013 in bills, consultations, equality, news, race discrimination, religious discrimination by sally

“The government has been accused of deliberately delaying moves to outlaw caste discrimination despite agreeing to extend legal protection to the tens of thousands of people in the UK who are from traditionally lower status Asian backgrounds.”

Full story

The Guardian, 29th July 2013

Source: www.guardian.co.uk

Rogue private eyes report published in full – BBC News

Posted July 30th, 2013 in illegality, news, private investigators, reports by sally

“A controversial report by the Serious and Organised Crime Agency detailing the activities of rogue private investigators has been placed on the internet.”

Full story

BBC News, 29th July 2013

Source: www.bbc.co.uk

Wind farm ban ruled out by ministers – Daily Telegraph

Posted July 30th, 2013 in energy, environmental protection, housing, news, planning by sally

“Councils must not impose blanket bans on wind farms being built near houses, ministers have ruled, weeks after promising to stop the spread of unwanted turbines across the country.”

Full story

Daily Telegraph, 29th July 2013

Source: www.telegraph.co.uk

Twitter users and the law – timeline – The Guardian

Posted July 30th, 2013 in defamation, freedom of expression, internet, news, perverting the course of justice, publishing by sally

“Libel, racism, threats, harassment and the naming of people in defiance of court orders.”

Full story

The Guardian, 29th July 2013

Source: www.guardian.co.uk

100 suspected war criminals living in Britain – Daily Telegraph

Posted July 30th, 2013 in asylum, immigration, news, visas, war crimes by sally

“Around 100 suspected war criminals applied for UK citizenship last year, many of whom are thought to have been living in Britain for years, it has emerged.”

Full story

Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk