Month: August 2014

Information Tribunal Consultation – Panopticon

Posted August 18th, 2014 in consultations, judiciary, news, tribunals by tracey

‘The Senior President of Tribunals, Sullivan LJ, has launched a consultation paper on altering the composition of the First-tier Tribunal (General Regulatory Chamber) in some Information Rights cases. With the support of GRC Chamber President, Judge Warren, it is proposed to remove the requirement that a judge sit with two non-legal members and allow the Chamber President flexibility to direct that certain cases be heard by a judge alone.’

Full story

Panopticon, 18th August 2014

Source: www.panopticonblog.com

Baby removed from mother at birth: a look at reporting restrictions orders – Halsbury’s Law Exchange

Posted August 18th, 2014 in care orders, children, disclosure, families, family courts, human rights, jurisdiction, local government, news, reporting restrictions by tracey

‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’

Full story

Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

BAILII: Recent Decisions

Posted August 18th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

P (A Child) [2014] EWCA Civ 1174 (15 August 2014)

G (A Child) [2014] EWCA Civ 1173 (15 August 2014)

Source: www.bailii.org

British arms sales to Israel face high court challenge – The Guardian

Posted August 18th, 2014 in EC law, export controls, human rights, international law, Israel, judicial review, news, weapons by tracey

‘The government faces being dragged into the high court over the sale of military hardware to Israel in an unprecedented legal move that puts the UK’s controversial export policy on a potential collision course with the EU.’

Full story

The Guardian, 16th August 2014

Source: www.guardian.co.uk

Ex-Greater Manchester Police officer jailed for rape of a child – BBC News

Posted August 18th, 2014 in child abuse, news, police, rape, sentencing, sexual offences by tracey

‘A retired police officer has been jailed for raping and sexually abusing a child.’

Full story

BBC News, 15th August 2014

Source: www.bbc.co.uk

Leanne Meecham murder: Stepfather Simon Meecham jailed – BBC News

Posted August 18th, 2014 in domestic violence, inquiries, murder, news, police, sentencing by tracey

‘A “jealous” man convicted of the murder of his stepdaughter, who was also his former lover, has been jailed for life with a minimum term of 22 years.’

Full story

BBC News, 15th August 2014

Source: www.bbc.co.uk

Care workers take Hampshire home employers to tribunal over pay and working hours – The Guardian

Posted August 18th, 2014 in care homes, care workers, contract of employment, contracting out, local government, minimum wage, news, remuneration, tribunals by tracey

‘Eleven female carers to the elderly are taking their employers to a tribunal claiming they were only paid by the minutes they spent with clients rather than their rostered working hours. The staff, who were on zero-hours contracts, allege that, due to the arrangements, they were paid less than the minimum wage of £6.31 an hour. It is understood that some of the employees at Apex Care in Romsey, Hampshire, where the firm was commissioned to provide the home care service by the council, believe their real hourly wage was close to £3.50.’

Full story

The Guardian, 17th August 2014

Source: www.guardian.co.uk

£230m wasted on needlessly holding people on remand, says Howard League – The Guardian

Posted August 18th, 2014 in budgets, charities, news, prisons, remand, sentencing, statistics by tracey

‘Up to £230m has been spent “needlessly” holding people on remand in custody who eventually avoided jail, a penal reform charity has said. More than 35,000 people kept on remand in 2013 went on to be either acquitted or be given non-custodial sentences, according to new figures obtained by the Howard League for Penal Reform from the Ministry of Justice through a Freedom of Information request.’

Full story

The Guardian, 18th August 2014

Source: www.guardian.co.uk

Senior managers ‘personally liable’ for anti-money laundering check failings at money service businesses, says HMRC – OUT-LAW.com

Posted August 15th, 2014 in HM Revenue & Customs, identity fraud, money laundering, news, terrorism, terrorism prevention & investigation measures by tracey

‘Senior managers at ‘money service businesses’ face up to two years imprisonment and an unlimited fine if their neglect leads to money laundering or terrorist financing activities, HM Revenue & Customs (HMRC) has warned.’

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OUT-LAW.com, 14th August 2014

Source: www.out-law.com

Legal privilege, Articles 6 and 8, and iniquity – UK Human Rights Blog

Posted August 15th, 2014 in assets recovery, banking, disclosure, human rights, news, privacy, privilege, sentencing, solicitors by tracey

‘JSC BTA Bank v. Ablyazov et al 8 August 2014, Popplewell J. What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers). Well, that is the general rule. And this case reminds us that there is an exception to this – when the relationship between client and lawyer is affected by “iniquity”.’

Full story

UK Human Rights Blog, 12th August 2014

Source: www.ukhumanrightsblog.com

Report of the Financial Remedies Working Group, 31 July 2014 – Judiciary of England & Wales

Posted August 15th, 2014 in financial provision, litigants in person, reports by tracey

‘The Financial Remedies Working Group was established by the President of the Family Division in June 2014. Chaired by Nicholas Mostyn J and Stephen Cobb J, its task being described in the “View from the President’s Chambers (number 12)” as being two-fold: “to explore ways of improving the accessibility of the system for litigants in person and to identify ways of further improving good practice in financial remedy cases…. confined to matters of practice and procedure”.’

Full report

Judiciary of England and Wales, 14th August 2014

Source: www.judiciary.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 15th, 2014 in legislation by tracey

The Prison and Young Offender Institution (Amendment) Rules 2014

The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) (Amendment) Regulations 2014

The Independent Inspectorates (Education and Boarding Accommodation) Regulations 2014

The Control of Noise (Code of Practice on Noise from Audible Intruder Alarms) (Revocation) (England) Order

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 15th, 2014 in law reports by tracey

High Court (Administrative Court)

Panesar & Ors, R (on the application of) v The Central Criminal Court [2014] EWHC 2821 (Admin) (14 August 2014)

Roope v District Court for Prague 1, Czech Republic [2014] EWHC 2801 (Admin) (13 August 2014)

High Court (Family Division)

MD v AA & Anor [2014] EWHC 2756 (Fam) (31 July 2014)

High Court (Queen’s Bench Division)

Cooke & Anor v MGN Ltd & Anor [2014] EWHC 2831 (QB) (13 August 2014)

High Court (Technology and Construction Court)

Harrison & Ors v Shepherd Homes Ltd & Ors [2014] EWHC 2786 (TCC) (06 August 2014)

Source: www.bailii.org

Family system ‘woefully behind’ in treatment of vulnerable – Law Society’s Gazette

Posted August 15th, 2014 in children, evidence, families, family courts, female genital mutilation, forced marriages, judges, news, witnesses by tracey

‘Family judges are to receive guidance on dealing more appropriately with children and other vulnerable witnesses.
The interim report of a working group set up by Sir James Munby, head of the Family Division, says the family system ‘lags woefully behind’ the criminal justice system in this regard.’

Full story

Law Society’s Gazette, 13th August 2014

Source: www.lawgazette.co.uk

Andy Coulson eligible for move from Belmarsh prison – The Guardian

Posted August 15th, 2014 in conspiracy, interception, media, news, prisons, privacy, retrials, sentencing, telecommunications by tracey

‘Andy Coulson, David Cameron’s former director of communications, looks set to be moved from high-security Belmarsh prison after finally being classified as posing no risk to society.’

Full story

The Guardian, 14th August 2014

Source: www.guardian.co.uk

Police forced to name undercover officers who duped women – The Guardian

Posted August 15th, 2014 in disclosure, environmental protection, news, police, psychiatric damage, women by tracey

‘Metropolitan police lose legal fight over keeping secret the names of officers who fathered children with their ‘targets’

Full story

The Guardian, 15th August 2014

Source: www.guardian.co.uk

Ben Ashford found not guilty after trawling stolen phone for ‘flirty’ texts – The Guardian

Posted August 14th, 2014 in media, news, privacy, telecommunications by sally

‘A former Sun journalist has walked free from the Old Bailey after he was cleared of all charges levelled against him after he looked through the contents of an iPhone that did not belong to him.’

Full story

The Guardian, 13th August 2014

Source: www.guardian.co.uk

April Jones killer denied compensation for jail attack – Daily Telegraph

Posted August 14th, 2014 in assault, compensation, news, prisons by sally

‘Mark Bridger is refused permission to move prisons and is also denied compensation after he was slashed across the face by a fellow inmate.’

Full story

Daily Telegraph, 13th August 2014

Source: www.telegraph.co.uk

Who Owns the Copyright in my Website? – Zenith Chambers

Posted August 14th, 2014 in artistic works, copyright, intellectual property, internet, news by sally

‘“I have paid a developer handsomely for my company’s website so my company owns the Copyright? Right?” Well, not exactly.

The question itself is predicated on a totally incorrect assumption of legal principle of their being a single copyright pertaining to a single site. When considered carefully, a website may consist of a large number of separate elements including music (or jingles), text, photographs, the font of the characters making up the site, colours, style, “look and feel”, language, sequence in which the web pages appear, forms, drawings and designs, and not forgetting the domain name itself. Each and every-one of those features attracts its own copyright and a website might therefore be correctly regarded as a ‘bundle’ of different rights protected separately by copyright law. How does this work? Let us begin by considering any music appearing on the website.’

Full story

Zenith Chambers, 12th August 2014

Source: www.zenithchambers.co.uk

Yeovil ‘singing lessons’ paedophile Paul Francis jailed – BBC News

Posted August 14th, 2014 in news, sentencing, sexual grooming, sexual offences by sally

‘A paedophile who gave out hand-written posters offering singing lessons in order to groom children has been jailed for four years.’

Full story

BBC News, 13th August 2014

Source: www.bbc.co.uk