DRIP: 5 unjust government arguments – Halsbury’s Law Exchange

‘It is suggested that the USA PATRIOT Act, legislation swiftly enacted by US Congress in the wake of the 11 September 2001 terrorist act was a “backronym” designed to play on the national pride around at the time. Clever political manoeuvring? Potentially so.’

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Halsbury’s Law Exchange, 16th July 2014

Source: www.halsburyslawexchange.co.uk

Minimum income rules for immigrants do not breach human rights – Appeal Court – UK Human Rights Blog

‘Provisions in the Immigration Rules which impose income requirements on individuals living in the United Kingdom, who wish to bring their non-European Economic Area citizen spouses to live with them, are not a disproportionate interference with their right to family life under Article 8 of the European Convention on Human Rights. The Court of Appeal has also underlined the important (but often misunderstood) point that there is no legal requirement that the Immigration Rules should provide that the best interests of the child should be determinative. Section 55 of the Borders, Citizenship and Immigration Act 2009 is not a “trump card” to be played whenever the interests of a child arise. ‘

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UK Human Rights Blog, 21st July 2014

Source: www.ukhumanrightsblog.com

Female genital mutilation: a breach in the UK’s duty of care? – Halsbury’s Law Exchange

Posted July 21st, 2014 in female genital mutilation, news, prosecutions, select committees by sally

‘A report by the Home Affairs Committee (HAC) is a response to what it calls the “ongoing national scandal” of female genital mutilation (FGM). FGM is the mutilation of the genitalia of young women and girls for non-medical reasons. The history of FGM in the UK makes for sobering and shocking reading. It is estimated that 170,000 women and girls are living with the legacy of FGM in this country and 65,000 girls aged 13 or under are at this moment at risk of mutilation. Despite having been criminalised here in 1985, there has not been a single successful prosecution.’

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Halsbury’s Law Exchange, 18th July 2014

Source: www.halsburyslawsexchange.co.uk

‘Cannibal’ nurse guilty of grooming underage girl – The Guardian

‘A nurse with a cannibalism fetish has been found guilty of trying to meet a 14-year-old girl after sexually grooming her online and promising to behead and eat her.

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The Guardian, 21st July 2014

Source: www.guardian.co.uk

Trouble out west – NearlyLegal

Posted July 21st, 2014 in homelessness, judicial review, local government, news, planning, repossession by sally

‘In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court? Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth. The real aim of this judicial review, though, was not the possession order, but the council’s decision not to allow the O’Brien’s and their four caravans to return to the temporary transit site, which had available pitches. The O’Briens had stayed at that temporary site for the allowable period (13 weeks) and had been entitled to overstay on the ground of exceptional circumstances for a period. They then moved off and ended up at the M5 site. The O’Briens had also made a homelessness application and been offered interim bricks and mortar accommodation. The council’s officer had considered whether to allow the O’Briens back on to the transit site but decided against it for what would have been an indefinite period and which would have set a precedent for allowing extended stays in breach of planning controls. The O’Briens’ were unsuccessful on the merits although Burnett J did give permission to bring the judicial review’

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NearlyLegal, 19th July 2014

Source: www.nearlylegal.co.uk

Google “Right to be forgotten” – freedom of expression v privacy – Halsbury’s Law Exchange

Posted July 21st, 2014 in EC law, freedom of expression, internet, news, privacy by sally

‘In the context of the draft EU General Data Protection Regulations (the Draft Regulations) – which will replace the current EU Data Protection Directive 95/46/EC (the Directive) – should the European Court of Justice’s (ECJ) Google Spain “Right to be forgotten” ruling be welcomed? Is it testing the “right to be forgotten” contained in the Draft Regulations before it is enshrined in legislation, or does it simply amount to the clumsy implementation of a “new” right without a democratic debate on its wider implications?’

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Halsbury’s Law Exchange, 17th July 2014

Source: www.halsburyslawexchange.co.uk

Cary v Commissioner of Police of the Metropolis (Equality and Human Rights Commission intervening) – WLR Daily

Cary v Commissioner of Police of the Metropolis (Equality and Human Rights Commission intervening) [2014] EWCA Civ 987; [2014] WLR (D) 320

‘The Court of Appeal gave guidance as to the procedure for the appointment of assessors in discrimination cases under the Equality Act 2010.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Regina v Mehmedov – WLR Daily

Regina v Mehmedov [2014] EWCA Crim 1523; [2014] WLR (D) 325

‘A certificate of a conviction in a member state of the European Union was admissible in evidence under section 73(1) of the Police and Criminal Act 1984 even where the conviction preceded the accession of the member state concerned to the European Union.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

Will Drip law make UK citizens’ data more attractive to hackers? – The Guardian

‘The Data Retention and Investigatory Powers (Drip) bill that yesterday cleared the House of Lords will make companies holding UK citizens’ communications data far more attractive to criminal hackers, a security expert has warned.’

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The Guardian, 18th July 2014

Source: www.guardian.co.uk

Care in custody failings – Law Society’s Gazette

Posted July 21st, 2014 in detention, immigration, inquests, medical treatment, news by sally

‘Last week, a jury at the inquest into the death of American tourist Brian Dalrymple, who died after being detained at the Harmondsworth Immigration Removal Centre (pictured), delivered a verdict of ‘natural causes contributed to by neglect’. The jury’s verdict amounted to a finding that there were gross failures in the medical care Brian received which caused or contributed to his death.’

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Law Society’s Gazette, 21st July 2014

Source: www.lawgazette.co.uk

Ministry of Justice recruits redundant prison officers to ease jail crisis – The Guardian

Posted July 21st, 2014 in news, prison officers, prisons, redundancy by sally

‘The Ministry of Justice is trying to re-employ more than 2,000 prison officers who only recently took voluntary redundancy, in a move to avert a crisis triggered by the rising number of prisoners in Britain’s jails.’

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The Guardian, 20th July 2014

Source: www.guardian.co.uk

Victim right of review scheme sees 146 suspects charged with offences – The Independent

Posted July 21st, 2014 in criminal justice, Crown Prosecution Service, news, prosecutions, victims by sally

‘Almost 150 suspects have been charged for offences after alleged victims appealed against decisions not to prosecute them under the new right to review scheme, according to new figures.’

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The Independent, 19th July 2014

Source: www.independent.co.uk

Ched Evans launches fresh rape conviction appeal bid – BBC News

Posted July 21st, 2014 in appeals, news, rape by sally

‘Footballer Ched Evans has launched a fresh bid to get his rape conviction overturned.’

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BBC News, 19th July 2014

Source: www.bbc.co.uk

Abdul Hakim Belhaj rendition damages case at Appeal Court – BBC News

Posted July 21st, 2014 in appeals, intelligence services, Libya, news, rendition, torture by sally

‘A damages action brought against the UK over a 2004 rendition case involving a Libyan politician and his wife is being heard at the Court of Appeal later.’

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BBC News, 21st July 2014

Source: www.bbc.co.uk

Deaf workers accused of ‘new whiplash’ claims in insurance fraud – The Independent

Posted July 21st, 2014 in compensation, industrial injuries, news by sally

‘Compensation claims for industrial deafness have risen by two thirds over the past two years, according to insurance and legal experts. Despite the increase, however, only one in 10 cases are being paid out amid claims of widespread fraud.’

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The Independent, 20th July 2014

Source: www.independent.co.uk

Solicitors will close if fee cuts not delayed, warns Law Society chief – The Guardian

Posted July 21st, 2014 in budgets, criminal justice, fees, law firms, legal aid, news by sally

‘Hundreds of solicitors’ firms will close if the Ministry of Justice does not postpone fee cuts and delay changes to criminal legal aid contracts, the new president of the Law Society has warned.’

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The Guardian, 21st July 2014

Source: www.guardian.co.uk