18/03/2014 – Current Awareness

Anti-fracking protesters’ Convention rights against private landowners – UK Human Rights Blog

Posted March 18th, 2014 in energy, fracking, freedom of expression, human rights, news, repossession, trespass by tracey

‘Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch). The Chancery Court has ruled that Convention rights may be engaged in disputes between private landowners and trespassers, thereby making it incumbent on the court under Section 6 of the Human Rights Act to balance the trespassers’ rights under Article 8 against the landowner’s rights under Article 1 Protocol 1.’

UK Human Rights Blog, 18th March 2014

Source: www.ukhumanrightsblog.com

UK Statistics Authority takes MoJ to task over “misleading” barrister earnings figures – Legal Futures

Posted March 18th, 2014 in barristers, codes of practice, fees, government departments, news, statistics by tracey

‘Government statements that criminal barristers earn an average of £84,000 from legal aid were misleading, the UK Statistics Authority (UKSA) has suggested.’

Legal Futures, 18th March 2014

Source: www.legalfutures.co.uk

Prince Charles, the Guardian and the Unreasonable Veto – Panopticon

Posted March 18th, 2014 in appeals, attorney general, environmental protection, freedom of information, media, news, royal family, veto by tracey

‘As promised last week, this post contains a slightly fuller account of the Court of Appeal’s judgment in R (Evans) v HM Attorney General [2014] EWCA Civ 254. The history of the case is manifold and has been covered on this blog innumerable times (see: here, here and here). In essence, the Upper Tribunal held in a very lengthy judgment that some of the correspondence written by Prince Charles to various governmental departments ought to be disclosed in the public interest. The Attorney General then issued his statement of reasons under section 53 FOIA, which has the effect of vetoing the judicial decision. On any view, the veto is a highly unusual provision. The Divisional Court dismissed the judicial review of that veto. Mr Evans, a Guardian journalist, appealed.’

Panopticon, 18th March 2014

Source: www.panopticonblog.com

The Not Entirely Secret Diary of Mr Lansley – Panopticon

Posted March 18th, 2014 in cross-examination, freedom of information, ministers' powers and duties, news, parliamentary privilege, public interest, tribunals by tracey

‘What considerations are relevant when deciding whether a Ministerial diary should be disclosed under FOIA? The decision of the First-tier Tribunal in Department of Health v Information Commissioner EA/2013/0087 is, perhaps surprisingly, the first Tribunal decision to address this issue. The judgment engages with a number of difficult issues: the Tribunal’s approach to Government evidence, the value of cross-examination in Tribunal hearings, aggregation of public interests under FOIA, and Parliamentary privilege. Hence it is of general importance, going beyond the intrinsic interest of its specific subject matter.’

Panopticon, 18th March 2014

Source: www.panopticonblog.com

Article 8 and the Private Sector – NearlyLegal

Posted March 18th, 2014 in demonstrations, energy, fracking, freedom of expression, human rights, news, repossession, trespass by tracey

‘In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at the drilling program being undertaken by a company, Igas Energy plc. The Claimants had granted Igas a licence to drill on the land nearby and the protest was intended to deter the controversial fracking process which the activists feared would ensue.’

NearlyLegal, 16th March 2014

Source: www.nearlylegal.co.uk

Unsuccessful challenge to prison law legal aid cuts to be appealed – LegalVoice

Posted March 18th, 2014 in appeals, legal aid, news, prisons by tracey

‘The Howard League and the Prisoners’ Advice Service (PAS) this morning announced that they will appeal a decision by the High Court to dismiss their challenge to legal aid cuts for prisoners.’

LegalVoice, 17th March 2014

Source: www.legalvoice.org.uk

Mental Capacity Act 2005 – a damning report – Halsbury’s Law Exchange

Posted March 18th, 2014 in deprivation of liberty safeguards, mental health, news, reports, select committees by tracey

‘The House of Lords Select Committee appointed to undertake post-legislative scrutiny of the Mental Capacity Act 2005 (MCA 2005) has now reported. After a mammoth evidence gathering exercise (the transcripts of the oral evidence received and the written evidence submitted ran to almost 2,000 pages), the Committee has provided a damning report upon almost all aspects of the (lack of) implementation of the MCA 2005.’

Halsbury’s Law Exchange, 17th March 2014

Source: www.halsburyslawexchange.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 18th, 2014 in legislation by tracey

The Pensions Increase (Review) Order 2014

The Social Security Benefits Up-rating Regulations 2014

The Child Support Fees Regulations 2014

The Port Security (Port of London) Designation Order 2014

The Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014

The Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 2014

Source: www.legislation.gov.uk

Regina (Thapa) v Secretary of State for the Home Department – WLR Daily

Posted March 18th, 2014 in immigration, law reports, notification by tracey

Regina (Thapa) v Secretary of State for the Home Department: [2014] EWHC 659 (Admin); [2014] WLR (D) 133

‘It was incumbent upon an immigration official when making a decision as to enforcement action under section 10 of the Immigration and Asylum Act 1999 that he should communicate outline reasons including at least the gist of the evidence behind his decision to the person who was subjected to it.’

WLR Daily, 11th March 2014

Source: www.iclr.co.uk

In re Lehman Brothers International (Europe) (in administration) (No 4) – WLR Daily

Posted March 18th, 2014 in banking, insolvency, law reports by tracey

In re Lehman Brothers International (Europe) (in administration) (No 4):[2014] EWHC 704 (Ch); [2014] WLR (D) 132

‘Determination of issues raised in the administration of three companies as to the potential liability of two members in the group for the liabilities of the principal trading company, an unlimited company, and in particular its subordinated liabilities, and the relationship between their liability, if any, as members and their claims as creditors.’

WLR Daily, 14th March 2014

Source: www.iclr.co.uk

Your Response Ltd v Datateam Business Media Ltd – WLR Daily

Posted March 18th, 2014 in appeals, computer programs, data protection, fees, law reports, publishing by tracey

Your Response Ltd v Datateam Business Media Ltd: [2014] EWCA Civ 281; [2014] WLR (D) 131

‘The exercise of a common law lien was not available over an electronic database as the electronic database was not property susceptible of possession which was capable of being subject to larceny or conversion or being taken in execution.’

WLR Daily, 14th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 18th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Ahmed & Anor v Mustafa [2014] EWCA Civ 277 (17 March 2014)

M-M (A Child), Re [2014] EWCA Civ 276 (17 March 2014)

High Court (Administrative Court)

The Howard League for Penal Reform & Anor, R (On the Application Of) v The Lord Chancellor [2014] EWHC 709 (Admin) (17 March 2014)

CBRE Lionbrook (General Partners) Ltdon the application of) v Hammerson (Rugby) Ltd [2014] EWHC 646 (Admin) (14 March 2014)

High Court (Queen’s Bench Division)

Bhatia Best LTD v Lord Chancellor [2014] EWHC 746 (QB) (17 March 2014)

Source: www.bailii.org

Gardener took £200,000 from woman of 89 – Daily Telegraph

Posted March 18th, 2014 in anonymity, crime, elderly, news, powers of attorney by tracey

‘A handyman who took hundreds of thousands of pounds from a wealthy widow with dementia after gaining power of attorney must not be named, a court rules.’

Daily Telegraph, 17th March 2014

Source: www.telegraph.co.uk

High court rejects challenge to legal aid – The Guardian

Posted March 18th, 2014 in appeals, legal aid, news, prisons by tracey

‘The high court has rejected a challenge by charities working with prisoners over legal aid cuts introduced by the justice secretary, Chris Grayling. The Howard League for Penal Reform and the Prisoners Advice Service said vulnerable people in the prison system, including inmates with mental health problems and women with babies, would suffer injustice following the removal of the right to criminal legal aid in many prison law cases. Lady Justice Rafferty and Mr Justice Cranston, sitting in London on Monday, said they could “well understand the concerns” raised by the new regulations, introduced in December by Grayling, who is also the lord chancellor. “But we simply cannot see, at least at this point in time, how these concerns can arguably constitute unlawful action by the lord chancellor. For the time being, the forum for advancing these concerns remains the political.” ‘

The Guardian, 17th March 2014

Source: www.guardian.co.uk

Mafia boss living in Uxbridge wins extradition battle – Daily Telegraph

Posted March 18th, 2014 in appeals, crime, extradition, news, prisons by tracey

‘A former Mafia boss wanted in Italy for extortion and other crimes has won his battle against extradition, after a ruling in an entirely unconnected case expressed concern over the conditions of Italian prisons.’

Daily Telegraph, 17th March 2014

Source: www.telegraph.co.uk

Remains of Shipman’s victims destroyed without telling relatives – The Guardian

Posted March 18th, 2014 in complaints, news, police, victims, whistleblowers by tracey

‘The police watchdog has begun an investigation after Greater Manchester police admitted keeping the remains of Harold Shipman’s victims for 12 years and then destroying them without telling bereaved relatives. The Independent Police Complaints Commission said on Monday that it was investigating whether senior officers misled the families of 12 of the serial killer’s victims over the storage of organs.’

The Guardian, 17th March 2014

Source: www.guardian.co.uk

Avoiding the nuclear option: the EU moves to strengthen the rule of law – UK Human Rights Blog

Posted March 18th, 2014 in consultations, EC law, human rights, news, rule of law by tracey

‘Within the past week the EU Commission has laid down its plans for protecting the rule of law across Europe and, importantly, for punishing member states that fail to meet rule of law standards. At first glance this appears to be a landmark in the EU’s regulation of the rule of law, fundamental rights and democracy, but is it the solution it claims to be?’

UK Human Rights Blog, 17th March 2014

Source: www.ukhumanrightsblog.com

Armed forces could be given immunity from human rights laws – Daily Telegraph

Posted March 18th, 2014 in armed forces, human rights, immunity, news, reports by tracey

‘The armed forces could be exempted from human rights laws because they are hampering British military operations in the field, Philip Hammond has said. Mr Hammond said the government is prepared to introduce new legislation to protect the army from the “encroachment” of civil litigation on the battlefield.’

Daily Telegraph, 17th March 2014

Source: www.telegraph.co.uk

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