‘Privacy law’ may need rewriting due to modern technology, says senior judge – Daily Telegraph

Posted August 26th, 2014 in courts, internet, judges, media, news, privacy, speeches by tracey

“Lord Neuberger, the president of the Supreme Court, indicates there may be a case for a rethink on privacy and communications laws thanks to the “enormous challenges” posed by the internet.’

Full story

Daily Telegraph, 26th August 2014

Source: www.telegraph.co.uk

Ministry of Justice fined over prison data loss – BBC News

Posted August 26th, 2014 in data protection, fines, Ministry of Justice, news, prisons by tracey

‘The Ministry of Justice has been fined £180,000 for “serious failings” in the handling of confidential data.’

Full story

BBC News, 26th August 2014

Source: www.bbc.co.uk

Bedroom tax and human rights FTT miscellany – NearlyLegal

Posted August 26th, 2014 in appeals, benefits, disabled persons, human rights, news, social security, tribunals by tracey

‘No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on tenancy agreements.’

Full story

NearlyLegal, 24th August 2014

Source: www.nearlylegal.co.uk

Timing of a TUPE transfer determined by facts, not wishes or intentions of parties, says EAT – OUT-LAW.com

‘The point at which the new employer becomes responsible for the workers who have been transferred under TUPE rules is a question of fact, not the wishes or intentions of the parties, the Employment Appeal Tribunal (EAT) has confirmed.’

Full story

OUT-LAW.com, 22nd August 2014

Source: www.out-law.com

Additional travel time for transferred workers was not “substantial change” to their “material detriment” – OUT-LAW.com

‘A change in the working location of somebody who has changed employer through TUPE will only be grounds for a constructive dismissal claim if that change is “substantial” and causes “material detriment” to the worker.’

Full story

OUT-LAW.com, 26th August 2014

Source: www.out-law.com

APIL anger over discount rate delay – Litigtion Futures

Posted August 26th, 2014 in damages, delay, Ministry of Justice, news, personal injuries by tracey

‘The Association of Personal Injury Lawyers (APIL) has reacted angrily to confirmation from the Ministry of Justice (MoJ) of a further delay to the review of the discount rate for personal injury cases.’

Full story

Litigtation Futures, 26th August 2014

Source: www.litigationfutures.com

SRA investigating nine criminal law firms over failures in advice to asylum seekers – Legal Futures

‘The Solicitors Regulation Authority (SRA) is investigating nine criminal law firms over failures in advice to asylum seekers, it has emerged.’

Full story

Legal Futures, 26th August 2014

Source: www.legalfutures.co.uk

Open consultation – Revised PACE code A – Home Office

Posted August 26th, 2014 in codes of practice, consultations, police, stop and search by tracey

‘This consultation runs until Monday 20 October 2014. The draft code has a covering note and detailed table outlining the changes and their purpose with links to the paragraphs concerned.’

Full press release

Home Office, 26th August 2014

Source: www.gov.uk/home-office

Best use of stop and search scheme – Home Office

Posted August 26th, 2014 in codes of practice, news, police, stop and search by tracey

‘Guidance for police forces on the implementation of the best use of stop and search scheme.’

Full guidance

Home Office, 26th August 2014

Source: www.gov.uk/home-office

Recent Statutory Instruments – legislation.gov.uk

Posted August 26th, 2014 in legislation by tracey

The Finance Act 2014, Schedule 4 (Tax Relief for Theatrical Production) (Appointed Day) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisons

Posted August 26th, 2014 in law reports by tracey

High Court (Commercial Court)

Starbev GP Ltd v Interbrew Central European Holdings BV [2014] EWHC 2863 (Comm) (21 August 2014)

High Court (Queen’s Bench Division)

Cartus Corporation v Atlantic Mobility Ltd [2014] EWHC 2868 (QB) (22 August 2014)

Source: www.bailii.org

Financial Remedies Working Group Report – A Summary – Family Law Week

Posted August 26th, 2014 in arbitration, financial provision, litigants in person, news, reports by tracey

‘Jacqui Thomas, barrister, 37 Park Chambers, summarises the recommendations of the Financial Remedies Working Group.’

Full story

Family Law week, 22nd August 2014

Source: www.familylawweek.co.uk

Mother who beat three-year-old Mikaeel Kular to death jailed for 11 years – Daily Telegraph

‘A mother who beat her three-year-old son to death and hid his body in a suitcase before sparking a huge search for him by claiming he had gone missing has been jailed for 11 years. Rosdeep “Rosie” Adekoya, 34, was originally charged with murdering her son Mikaeel Kular but pleaded guilty last month to the reduced charge of culpable homicide.’

Full story

Daily Telegraph, 25th August 2014

Source: www.telegraph.co.uk

Former MI6 counter-terrorism chief warns against rush to overhaul UK laws – The Guardian

Posted August 26th, 2014 in bills, citizenship, news, proscribed organisations, terrorism, visas by tracey

‘Britain should resist a rush to overhaul its fundamental legal principles in the face of an “unproven threat” from homegrown militants fighting in Syria and Iraq, the former global counter-terrorism director of MI6 has said. In an interview with the Guardian, Richard Barrett criticised government plans for new laws to tackle British extremists and warned against Boris Johnson’s suggestion that Britons who travel to Iraq or Syria should be presumed guilty of involvement in terrorism unless they can prove their innocence.’

Full story

The Guardian, 25th August 2014

Source: www.guardian.co.uk

Stop and search: Police code of conduct launched – BBC News

Posted August 26th, 2014 in codes of practice, news, police, race discrimination, stop and search by tracey

‘All 43 police forces in England and Wales have agreed to adopt a new government code of conduct on the use of their powers to stop and search members of the public.’

Full story

BBC News, 26th August 2014

Source: www.bbc.co.uk

Landlord fined for renting room that could only be entered on all fours – The Guardian

Posted August 22nd, 2014 in environmental health, fines, landlord & tenant, news by tracey

‘Barnet council took the landlord of a house in Sunningfields Road, Hendon, to court after discovering he was renting a room which could not be accessed standing up. The head height along the course of the staircase was between 0.7m (27.5 inches) and 1.2m (47 inches) high and the door to the room was also reduced in size.’

Full story

The Guardian, 22nd August 2014

Soource: www.guardian.co.uk

Man jailed for filming Fast And Furious in cinema – BBC News

Posted August 22nd, 2014 in copyright, film industry, news, sentencing by tracey

‘A man has been jailed for 33 months after recording Fast And Furious 6 from the back of a cinema in Walsall.’

Full story

BBC News, 22nd August 2014

Source: www.bbc.co.uk

EDF to pay £3m in compensation after Ofgem inquiry – The Guardian

Posted August 22nd, 2014 in compensation, complaints, consumer protection, inquiries, news, utilities by tracey

‘EDF Energy is to pay out £3m to benefit “vulnerable customers” after an investigation by the energy industry watchdog Ofgem found that the company had breached complaint handling rules.’

Full story

The Guardian, 22nd August 2014

Source: www.guardian.co.uk

Assistant editor position

Posted August 22nd, 2014 in by sally

Robert Banks seeks an assistant editor to co-write Banks on Sentence and assist him in his legal work.

About Banks on Sentence

Banks on Sentence is the book used by judges, district judges and the legal profession to determine the appropriate sentence. It is the second largest selling criminal practitioner text.


The successful applicant will analyse and summarise new legislation, statutory instruments, Court of Appeal sentencing cases, Sentencing Council publications and other sentencing material. He or she will work closely with the editor, Robert Banks and the manager of Banks on Sentence. Each year there is a programme for the production of the next edition, which is published by Banks on Sentence at the end of April. This programme involves typesetting, design, marketing, and working with the proof-reader and our e-book/app designers.

Essential skills

Candidates must have successfully completed the BPTC or LPC. They must have good IT skills and be able to work well in a small team. Excellent English language skills are necessary with an ability to work to exacting standards. A logical and analytical approach is needed to enable the successful applicant to analyse legislation and case law quickly. A knowledge of sentencing is not required. Blogging and social media skills would be welcome.


The post is ideal for those who want specialist law training before a delayed pupillage or government post. The job also involves helping Robert Banks with his court cases, pro bono work and other legal advice.

Other details

The office is on the Kent/Sussex border. There is a railway station nearby (not within walking distance) with trains from London taking about 1 hour. Candidates can be collected from the station on the day of their interview. The pay will depend on the skills of the applicant. The likely salary after an initial two-week trial period would be £28-30,000 dependent on experience.

How to apply

Applicants must reply by e-mail to book@banksr.com with a covering letter and CV. Questions may be submitted by e-mail. Details of the book can be found at www.banksr.com


The post will be filled when a suitable candidate has been found.

PO Box 35, Etchingham, East Sussex TN19 7WS www.banksr.com
Tel: 01435 883838 Follow us on @BanksonSentence
Sales: sales@banksr.com Editorial: editor@banksr.com Enquiries: book@banksr.com

Enforcement and criminal investigations (modernised guidance) – UK Border Agency

Posted August 22nd, 2014 in immigration, press releases, visas, witnesses by tracey

‘This collection brings together modernised guidance about enforcement and processes used by UK Visas and Immigration.’

Full press release

UK Border Agency, 21st August 2014

Source: www.ukba.homeoffice.gov.uk