EVENT: UCL – Reflections on Nuisance and Regulation

Posted July 2nd, 2014 in Forthcoming events by sally

‘The place of regulatory decisions in private nuisance is of enormous practical significance, for litigators, planners, businesses and communities. It also highlights broader, persistent questions about the relative roles of courts and administrative bodies in the generation and enforcement of appropriate social (including environmental) standards, and in the distribution of risks, opportunities, costs and benefits. Recent judicial exploration of the relationship between private nuisance and planning controls has provided an instructive context for these questions, and the Supreme Court decision in Coventry v Lawrence [2014] UKSC 13 is a central moment in the evolution of the relationship between the regulatory state and the common law courts. There remains, however, much to discuss.’

Date: 15th September 2014, 3.30-6.30pm

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

EVENT: Queen Mary – Roundtable Event – The Continued Development of Shipping Law: The Role of Arbitration

Posted July 2nd, 2014 in Forthcoming events by sally

‘What are the implications of widespread use of arbitration for the continued development of shipping law? Are national laws on shipping destined to become ossified and obsolete? Has a new lex maritima come into being? And would it be beneficial to introduce a system of ‘soft precedent’ in maritime arbitration to bring emerging rules to light?’

Date: 8th July 2014, 9.00-6.00pm

Location: The Baltic Exchange, 38 St Mary Axe, London EC3A 8BH

Charge: See website for details

More information can be found here.

EVENT: UCL – Challenging Prosecution Decisions

Posted July 2nd, 2014 in Forthcoming events by sally

‘UCL Centre for Criminal Law
in collaboration with Thomas Bingham Chambers

Part I
Decisions to prosecute and challenges to them by way of judicial review and applications to stay for abuse of process

Professor Ian Dennis
(Director, UCL Centre for Criminal Law, and
Door Tenant at Thomas Bingham Chambers)

Part II
Challenges to decisions not to prosecute, with consideration of possible human rights arguments
Dr Jonathan Rogers
(UCL Laws)’

Date: 31st July 2014, 5.30-9.00pm

Location: UCL Faculty of Laws – Graduate Wing, 1-2 Endsleigh Street, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

EVENT: The Law Society – Cloud computing: procurement, security and surveillance

Posted July 2nd, 2014 in Forthcoming events by sally

‘Expert speakers will explore some of the key practical and regulatory issues involved in deciding whether to move to the cloud and, if so, how to ensure that you are secure and compliant.

The following topics with be covered at this event:

Law Society’s recent practice note on cloud computing
Key commercial and legal issues to consider when entering into a cloud contract
How to ensure that your cloud services are secure
Keeping clients’ data confidential and the data protection implications of processing personal data on remote servers
Implications for cloud-based legal services of mass surveillance and the Snowden revelations.’

CPD hours 2.5

Date: 3rd July 2014, 1.30-5.00pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: see website for details

More information can be found here.

Met must respond to spy allegations in undercover police case, court rules – The Guardian

‘The Metropolitan police cannot use its policy of “neither confirm nor deny” in response to damages claims brought by women who claim they were tricked into forming relationships with undercover officers.’

Full story

The Guardian, 2nd July 2014

Source: www.guardian.co.uk

Plea for no new social-media laws – BBC News

‘No new laws are needed to deal with social media – just a better understanding of the existing ones, a leading barrister has told peers.’

Full story

BBC News, 2nd July 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 2nd, 2014 in legislation by sally

The Digital Economy Act 2010 (Appointed Day No.4) Order 2014

The Reporting of Suspicious Marriages and Civil Partnerships (Amendment) Regulations 2014

The Petroleum (Consolidation) Regulations 2014

The Universal Credit (Transitional Provisions) (Amendment) Regulations 2014

The Jobseeker’s Allowance (Homeless Claimants) Amendment Regulations 2014

The Genetically Modified Organisms (Contained Use) Regulations 2014

The Pension Protection Fund (Entry Rules) (Amendment) Regulations 2014

The Proscribed Organisations (Name Changes) Order 2014

The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2014

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 3) Order 2014

The Welfare Reform Act 2012 (Commencement No. 9, 11, 13 14, 16 and 17 and Transitional and Transitory Provisions (Amendment)) Order 2014

The Special Educational Needs (Personal Budgets) Regulations 2014

The Local Audit (Professional Qualifications and Major Local Audit) Regulations 2014

The Local Audit (Liability Limitation Agreements) Regulations 2014

Source: www.legislation.gov.uk

ISPs take legal action against GCHQ – BBC News

Posted July 2nd, 2014 in complaints, intelligence services, interception, internet, news, privacy by sally

‘Seven internet service providers have filed a legal complaint against the UK’s intelligence agency GCHQ.’

Full story

BBC News, 2nd July 2014

Source: www.bbc.co.uk

Command Papers – GOV.UK

Posted July 2nd, 2014 in parliamentary papers by sally

Consultation on setting the 2020 persistent child poverty target, Cm 8875

Government response to the CLG Select Committee’s report on local government procurement, Cm 8888

Government response to the report of the House of Lords Select Committee on the Inquiries Act 2005, Cm 8903

Government’s response to the House of Lords Committee on Public Service and Demographic Change Report ‘Ready For Ageing?’ one year update, Cm 8872

Equitable Life: The Government response to the Public Administration Select Committee’s Third Report of Session 2010-11, Cm 7960

Treasury Minutes: June 2014, Cm 8871

Annual administrative justice and tribunals performance report: 2013 to 2014, Cm 8873

United Kingdom, united future: Conclusions of the Scotland analysis programme, Cm 8869

Hate Crime: Should the Current Offences be Extended?, Cm 8865

Government response to the House of Commons Business, Innovation and Skills Committee’s fourth report of session 2013 to 2014: consultation on a statutory code for pub companies, Cm 8867

Government response to the Foreign Affairs Committee’s report into Government foreign policy towards the United States, Cm 8876

School Teachers’ Review Body 24th report: 2014, Cm 8886

Valuing every voice, respecting every right: making the case for the Mental Capacity Act, Cm 8884

House of Lords Select Committee on Personal Service Companies – The Government’s response, Cm 8878

Response to pre-legislative scrutiny of the draft Modern Slavery Bill, Cm 8889

Response to the House of Lords Select Committee report on soft power 2013-14, Cm 8879

Presumption that an illness is due to working conditions, Cm 8880

Government response to the House of Commons health committee report on Public Health England, Cm 8881

Country Series: China No. 1 (2014), Cm 8877

Country Series: Colombia No. 1 (2014), Cm 8887

Source: www.gov.uk/government/publications

Gay bus advert ban probed by High Court – BBC News

Posted July 2nd, 2014 in advertising, appeals, charities, Christianity, homosexuality, lobbying, news by sally

‘A High Court judge is considering whether Boris Johnson acted improperly in banning a bus advert suggesting people could “get over” homosexuality.’

Full story

BBC News, 1st July 2014

Source: www.bbc.co.uk

Lawyer seeks shorter Andy Coulson sentence – BBC News

Posted July 2nd, 2014 in conspiracy, interception, media, news, privacy, sentencing, telecommunications by sally

‘Andy Coulson did not know the phone hacking going on while he was News of the World editor was illegal and this fact should mitigate the sentence he faces, his lawyer has said.’

Full story

BBC News, 1st July 2014

Source: www.bbc.co.uk

Black female officer discriminated against by Met Police, tribunal finds – Daily Telegraph

‘Britain’s biggest force faces a large compensation claim as a tribunal rules Carol Howard was treated unfairly because of her sex and race.’

Full story

Daily Telegraph, 1st July 2014

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted July 2nd, 2014 in law reports by sally

Court of Appeal (Civil Division)

Walker v The Commissioner of the Police of the Metropolis [2014] EWCA Civ 897 (01 July 2014)

Hampton Bishop Parish Council, R (On the Application Of) v Herefordshire Council [2014] EWCA Civ 878 (01 July 2014)

High Court (Family Division)

London Borough of Ealing v AR & Ors [2014] EWHC 2172 (Fam) (1 July 2014)

Family Court Decisions (other Judges)

Stoke-on-Trent CC v S [2014] EWFC B82 (29 May 2014)

High Court (Administrative Court)

Parkin & Anor v Dartford County Court & Ors [2014] EWHC 2174 (Admin) (01 July 2014)

Powell, R (on the application of) v The Brighton Marina Company Ltd & Ors [2014] EWHC 2136 (Admin) (27 June 2014)

Olayeni, R (on the application of) v Secretary of State for Home Department [2014] EWHC 2137 (Admin) (27 June 2014)

Taylor Wimpey West London v Secretary of State for Communities and Local Government & Ors [2014] EWHC 2082 (Admin) (25 June 2014)

AA (Sudan), R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWHC 2118 (Admin) (27 June 2014)

Sky Blue Sports & Leisure Ltd & Ors, R (On the Application Of) v Coventry City Council [2014] EWHC 2089 (Admin) (30 June 2014)

Neteczca v Governor of Holloway Prison [2014] EWHC 2098 (Admin) (27 June 2014)

High Court (Commercial Court)

Emirates Trading Agency Llc v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm) (01 July 2014)

The Federal Mogul Asbestos Personal Injury Trust v Federal-Mogul Ltd & Ors [2014] EWHC 2002 (Comm) (27 June 2014)

Nidera BV v Venus International Free Zone for Trading & Marine Services SAE [2014] EWHC 2013 (Comm) (19 June 2014)

Renaissance Capital Ltd v African Minerals Ltd [2014] EWHC 2004 (Comm) (27 June 2014)

Open Joint Stock Company Alfa-Bank v Georgy Trefilov [2014] EWHC 1806 (Comm) (04 June 2014)

High Court (Technology and Construction Court)

Bluewater Energy Services BV v Mercon Steel Structures BV & Ors [2014] EWHC 2132 (TCC) (30 June 2014)

High Court (Patents Court)

Farrow Holdings Group Inc v Secretary of State for Defence [2014] EWHC 2047 (Pat) (27 June 2014)

Source: www.bailii.org

Avoiding the clinch: judicial respect for the rules inherent to sport – Competition Bulletin from Blackstone Chambers

‘In a recent bout in the High Court, the specificity of sporting disputes once again came to the fore. In Bruce Baker v British Boxing Board of Control [2014] EWHC 2074 (QB), 25 June 2014, Sir David Eady was faced with the old chestnut of a request for a court to interfere with a national sporting body’s decision to sanction one of its participants. One interim application later, and the BBBC was still standing.’

Full story

Competition Bulletin from Blackstone Chambers, 1st July 2014

Source: www.competitionbulletin.com

Man who walked into Tube station naked from the waist down and smeared excrement over himself told police ‘his trousers were stolen’ – The Independent

Posted July 2nd, 2014 in indecent exposure, news, sentencing by sally

‘A man who claimed his trousers were stolen when he walked into a central London Underground station naked from the waist down has been jailed for exposure.’

Full story

The Independent, 2nd July 2014

Source: www.independent.co.uk

You cannot be serious! Peers call ‘out’ on Government’s judicial review reforms – UK Human Rights Blog

‘Last night saw the House of Lords’ first reaction to the Government’s proposed changes to judicial review as the Criminal Justice and Courts Bill had its second reading. Already dissected at some length in this blog, the proposals have been roundly criticised by both the senior judiciary and the Joint Committee on Human Rights. Consultations responses, including from JUSTICE, expressed concern that the measures appear, by design or coincidence, to undermine the rule of law, inhibit transparency and shield the Government from judicial scrutiny. Two key concerns arise from the Government proposals: restricting access for individuals without substantial means and limiting the courts’ discretion to do justice in the public interest. Yesterday’s debate was robust and eloquent, with former Law Lords joined by bishops and backbenchers alike to condemn the new measures.’

Full story

UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

Domestic violence convictions at record high – The Guardian

‘The conviction rate for domestic violence cases has reached its highest ever level, with cases now making up 10.7% of the Crown Prosecution Service’s workload, the director of public prosecutions will announce on Wednesday.’

Full story

The Guardian, 2nd July 2014

Source: www.guardian.co.uk

Man awarded just £5 damages against police after court rules detention breached his rights – Daily Telegraph

Posted July 2nd, 2014 in appeals, costs, damages, detention, false imprisonment, news, police by sally

‘Court of Appeal said ‘aggressive and truculent’ man’s initial detention was unlawful and amounted to false imprisonment.’

Full story

Daily Telegraph, 1st July 2014

Source: www.telegraph.co.uk

Exceptional cases: High Court widens scope of LASPO and declares guidance unlawful – Legal Aid Handbook

‘The High Court recently gave judgement in Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin).’

Full story

Legal Aid Handbook, 1st July 2014

Source: www.legalaidhandbook.com

Hacking trial: Legal battle set to cost taxpayers millions of pounds – The Independent

Posted July 2nd, 2014 in appeals, conspiracy, costs, fees, interception, media, news, privacy, prosecutions by sally

‘A legal battle between Rupert Murdoch’s News UK and England’s prosecuting authorities over the “astronomical” costs of the record-breaking phone hacking trial will involve “millions of pounds of taxpayers’ money”.’

Full story

The Independent, 1st July 2014

Source: www.independent.co.uk