Month: July 2014

Family comes first (even if they’re in Poland) – UK Human Rights Blog

Posted July 11th, 2014 in adoption, appeals, care orders, families, grandparents, human rights, news by sally

‘In this successful appeal against care and placement orders in respect of a young infant with Polish parents, the Court of Appeal were sharply critical of comments made by the first instance judge which made it clear he had closed his mind at an early stage to the possibility of the baby being looked after by her grandparents in Poland. The Court held that both the judge and the local authority had failed to give sufficient weight to their positive obligation under Article 8 to consider ways of retaining a child within the family.’

Full story

UK Human Rights Blog, 10th July 2014

Source: www.ukhumanrightsblog.com

Campaign group is ‘appalled’ after proposed case accusing defence companies of torture equipment marketing collapses – The Independent

Posted July 11th, 2014 in Crown Prosecution Service, customs and excise, defence, export controls, news, private prosecutions, torture by sally

‘State prosecutors were yesterday accused of “abject failure” to ensure two defence companies answer allegations of marketing torture equipment at the world’s largest arms fair in London after a private case against the firms collapsed.’

Full story

The Independent, 10th July 2014

Source: www.independent.co.uk

The time when child abuse wasn’t dealt with properly – BBC News

Posted July 11th, 2014 in archives, child abuse, inquiries, news, sexual offences, teachers by sally

‘A major inquiry has been launched into how historical allegations of child abuse were handled. The UK’s National Archives contain some appalling examples of abuse at children’s homes and approved schools from decades past.’

Full story

BBC News, 11th July 2014

Source: www.bbc.co.uk

Surveillance law wins cross-party support but critics claim stitch-up – The Guardian

Posted July 11th, 2014 in bills, internet, investigatory powers, news, parliament, privacy, telecommunications, terrorism by sally

‘David Cameron and his Liberal Democrat deputy, Nick Clegg, have unveiled emergency surveillance legislation that will shore up government powers to require phone and internet companies to retain and hand over data to the security services.

Full story

The Guardian, 10th July 2014

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 10th, 2014 in legislation by sally

The Crime and Courts Act 2013 (Application and Modification of Certain Enactments) Order 2014

The Staffing of Maintained Schools (Wales) (Amendment) Regulations 2014

The Co-operative and Community Benefit Societies and Credit Unions Act 2010 (Consequential Amendments) Regulations 2014

The Financial Services (Banking Reform) Act 2013 (Commencement No. 5) Order 2014

The Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 10th, 2014 in law reports by sally

Supreme Court

Agricultural Sector (Wales) Bill (Attorney General for England and Wales, Ref) [2014] UKSC 43 (9 July 2014)

British Telecommunications Plc v Telefónica O2 UK Ltd [2014] UKSC 42 (9 July 2014)

Court of Appeal (Criminal Division)

Kingston & Ors v R [2014] EWCA Crim 1420 (09 July 2014)

West v R [2014] EWCA Crim 1392 (09 July 2014)

Court of Appeal (Civil Division)

Tallington Lakes Ltd & Ors v Larking Gowen [2014] EWCA Civ 959 (09 July 2014)

Evans v Wimbledon and Putney Commons Conservators [2014] EWCA Civ 940 (09 July 2014)

J-A (Children) [2014] EWCA Civ 936 (09 July 2014)

Christian v South East London And Kent Bus Company [2014] EWCA Civ 944 (10 July 2014)

RN (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 938 (09 July 2014)

High Court (Queen’s Bench Division)

Breyer Group Plc & Ors v Department of Energy and Climate Change [2014] EWHC 2257 (QB) (09 July 2014)

MacLeod v Mears Ltd [2014] EWHC 2191 (QB) (08 July 2014)

High Court (Administrative Court)

Afzaal, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2215 (Admin) (09 July 2014)

The Governing Body of the Warren Comprehensive School, R (On the Application Of) v Secretary of State for Education [2014] EWHC 2252 (Admin) (10 July 2014)

ZN & Anor, R (On the Application Of) v Bromley Youth Court [2014] EWCh 2300 (Admin) (09 July 2014)

Yarbo, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2250 (Admin) (09 July 2014)

Mohammadi, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2251 (Admin) (09 July 2014)

High Court (Chancery Division)

Swinton Reds 20 Ltd v McCrory & Anor [2014] EWHC 2152 (Ch) (1 July 2014)

Roberts v Egan [2014] EWHC 1849 (Ch) (07 May 2014)

High Court (Family Division)

Cambra v Jones & Anor [2014] EWHC 2264 (Fam) (09 July 2014)

ZM v AM [2014] EWHC 2110 (Fam) (26 June 2014)

X County Council v M & Ors [2014] EWHC 2262 (Fam) (27 June 2014)

Family Court Decisions (other Judges)

B & Ors (Fact Finding, Care Proceedings) [2014] EWFC B84 (8 July 2014)

Southampton City Council v A Mother & Ors [2014] EWFC 16 (09 June 2014)

Source: www.bailii.org

Rolf Harris’ sentence was both lenient and excessive – Halsbury’s Law Exchange

Posted July 10th, 2014 in child abuse, news, sentencing, sexual offences by sally

‘Last week, Rolf Harris was sentenced to five years nine months’ imprisonment for 12 indecent assaults committed against four female victims – including one aged just seven or eight. The sentencing remarks can be viewed here, and a summary of the case here. There are a number of other complainants who made allegations which were not, or have not (yet), been proceeded with.’

Full story

Halsbury’s Law Exchange, 10th July 2014

Source: www.halsburyslawexchange.co.uk

Missing persons’ law coming into force – Ministry of Justice

Posted July 10th, 2014 in families, missing persons, news, presumption of death orders by sally

‘Families of missing people will be given new help to cope with the complex legal and financial issues they face.’

Full story

Ministry of Justice, 9th July 2014

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

MPs call for anniversary debate on ‘new Magna Carta’ – BBC News

Posted July 10th, 2014 in constitutional history, constitutional law, constitutional reform, magna carta, news, parliament by sally

‘The 800th anniversary of Magna Carta next year is the right time for a fresh debate on the pros and cons of a written constitution, MPs have said.’

Full story

BBC News, 10th July 2014

Source: www.bbc.co.uk

Chief inspector of prisons: Conditions ‘getting worse’ – BBC News

Posted July 10th, 2014 in news, prisons, reports, suicide by sally

‘There has been a “significant” and worrying deterioration in the standards of British jails, the chief inspector of prisons in England and Wales says.’

Full story

BBC News, 9th July 2014

Source: www.bbc.co.uk

Tougher penalties urged for people who name rape victims on social media – The Guardian

Posted July 10th, 2014 in anonymity, internet, news, penalties, privacy, select committees, victims by sally

‘Tougher penalties may be needed to deal with Twitter and Facebook users who are “deliberately naming and abusing” rape victims online, a legal adviser to the Crown Prosecution Service has said.’

Full story

The Guardian, 9th July 2014

Source: www.guardian.co.uk

Appeal judges to hear BSB “misleading conduct” case – Legal Futures

Posted July 10th, 2014 in appeals, disciplinary procedures, disclosure, documents, forgery, news, professional conduct by sally

‘The Court of Appeal is to hear a disciplinary case which led to the Bar Standards Board being accused by Lord Justice Moses of “misleading conduct”.’

Full story

Legal Futures, 10th July 2014

Source: www.legalfutures.co.uk

Government launches inquiry over 100 suspicious deaths at a Hampshire hospital – The Independent

Posted July 10th, 2014 in elderly, hospitals, inquiries, medicines, news, reports by sally

‘A Hillsborough-style inquiry to investigate up to 100 suspicious deaths at a Hampshire hospital during the 1990s is set to be announced by the Government today [9 July].’

Full story

The Independent, 9th July 2014

Source: www.independent.co.uk

GP Andrew Johnson jailed for decades of sex abuse – BBC News

Posted July 10th, 2014 in doctors, news, sentencing, sexual offences by sally

‘A GP who sexually abused patients over more than 25 years is serving a lengthy jail sentence, it can now be reported.’

Full story

BBC News, 9th July 2014

Source: www.bbc.co.uk

Emergency surveillance law to be brought in with cross-party support – The Guardian

Posted July 10th, 2014 in bills, EC law, internet, news, privacy, telecommunications by sally

‘Controversial emergency laws will be introduced into the Commons next Monday to reinforce the powers of security services to require phone companies to keep records of their customers’ calls.’

Full story

The Guardian, 10th July 2014

Source: www.guardian.co.uk

700 new convictions for ‘historical sex abuse’ pushing up prison population – Daily Telegraph

Posted July 9th, 2014 in news, prisons, select committees, sentencing, sexual offences by sally

‘Chris Grayling, the Justice Secretary, says sex offenders found guilty of historical crimes are partly to blame for a 1,600 year-on-year rise in prison numbers.’

Full story

Daily Telegraph, 9th July 2014

Source: www.telegraph.co.uk

Immigration: Serious failings within Government system carry ‘high risk of unfairness’ for asylum seekers, says High Court judge – The Independent

Posted July 9th, 2014 in asylum, government departments, immigration, news by sally

‘A High Court judge has ruled that a system for fast-tracking asylum claims has “serious failings” and is being operated unlawfully by the Government.’

Full story

The Independent, 9th July 2014

Source: www.independent.co.uk

Christopher Parry guilty of murdering wife Caroline Parry – BBC News

Posted July 9th, 2014 in married persons, mental health, murder, news by sally

‘A man has been found guilty of murdering his wife by shooting her twice in the back after she left him.’

Full story

BBC News, 9th July 2014

Source: www.bbc.co.uk

Parents of severely ill toddler threatening ‘legal action to keep her alive’ – Daily Telegraph

Posted July 9th, 2014 in children, hospitals, medical treatment, news, parental rights by sally

‘The parents of Amelia Rose claim a hospital ethics committee ruled staff can refuse to send the 23-month-old to the intensive care unit if her condition deteriorates.’

Full story

Daily Telegraph, 9th July 2014

Source: www.telegraph.co.uk

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) – Supreme Court

Posted July 9th, 2014 in competition, contracts, EC law, law reports, telecommunications by sally

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) [2014] UKSC 42 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt