HRA Watch: Reform, Repeal, Replace? Mark Elliott: Could the Devolved Nations Block Repeal of the Human Rights Act and the Enactment of a New Bill of Rights? – UK Constitutional Law Association

‘In my last post on the proposed repeal of the Human Rights Act 1998 and the enactment of a British Bill of Rights, I considered the extent to which the House of Lords might thwart the Government’s plans. My conclusion was that the Lords might plausibly assert itself so as to delay the legislation, traditional understandings of the Salisbury Convention notwithstanding, but that the Parliament Act 1911 clearly deprives the Lords of any absolute veto. What, however, of the devolved nations? Could they block the implementation of the UK Government’s proposals?’

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UK Constitutional Law Association, 16th May 2015

Source: www.ukconstitutionallaw.org

Police force fined £160k after losing DVDs of interview with abuse victim – Local Government Lawyer

Posted May 19th, 2015 in data protection, evidence, fines, news, police, video recordings by sally

‘The Information Commissioner’s Office has imposed a £160,000 monetary penalty on a police force after it lost DVDs of an interview which formed part of the evidence in a sexual abuse case.’

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Local Government Lawyer, 18th May 2015

Source: www.localgovernmentlawyer.co.uk

Stepping Hill hospital: how Victorino Chua’s poisonings were uncovered – The Guardian

Posted May 19th, 2015 in murder, news, nurses by sally

‘The nurse convicted of murdering patients was caught after a night of curious incidents, but his motive remains a mystery.’

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The Guardian, 18th May 2015

Source: www.guardian.co.uk

Mosley v Google: RIP – Panopticon

Posted May 19th, 2015 in data protection, EC law, human rights, internet, news, privacy by sally

‘So Max Mosley has done a deal with Google in respect of his claim that Google had breached his rights under the DPA 1998 by refusing to block certain images and videos accessible via the Google search engine (see this FT article which suggests that the settlement also applies to claims brought by Mr Mosley in Germany and France). The settlement of the claim, which follows on from Google’s failed strike out application (discussed further below), leaves unanswered a number of really important questions concerning the application of data protection rights in the online world. Not least, the settlement leaves open the question of the extent to which the so-called ‘right to be forgotten’ can operate so as to force internet search engines, not only to de-index individual URLs on request, but also to block access to the offending data globally (i.e. as ISEs already do, for example, where images of child pornography are identified).’

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Panopticon, 18th May 2015

Source: www.panopticonblog.com

Two teenagers who ‘tortured’ a girl in Hertfordshire detained – BBC News

‘Two teenagers who kidnapped then “tortured” a girl aged 14 by pouring salt down her throat and making her perform a sex act have been sentenced.’

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BBC News, 18th May 2015

Source: www.bbc.co.uk

Costs, Orders, Discontinuance and CPR r.38.6(1): Barker and Barker v Barnett (2015) (QBD) – Zenith PI Blog

Posted May 19th, 2015 in appeals, civil procedure rules, costs, news, pre-action conduct by sally

‘The court can depart from the usual rule in CPR r.38.6(1) that a Claimant who has discontinued their claim is liable for the costs which a Defendant has incurred and, alternatively, order that the Defendant pay a part of the Claimant’s costs.’

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Zenith PI Blog, 18th May 2015

Source: www.zenithpi.wordpress.com

Publication of the Black Spider Memos: a hollow victory? – Halsbury’s Law Exchange

‘On 13th April, the Guardian were finally able to publish the ‘black spider memos,’ private correspondence between Prince Charles and several government departments between September 2004 and March 2005.’

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Halsbury’s Law Exchange, 18th May 2015

Source: www.halsburyslawexchange.co.uk

Companies House and the £9m typo – OUP Blog

Posted May 19th, 2015 in appeals, company law, damages, disclosure, mistake, news by sally

‘Conducting business through a company provides tremendous benefits. The price to be paid for these benefits is disclosure – companies are required to disclose substantial amounts of information, with much of this information being disclosed to Companies House. Every day, suppliers, creditors, potential investors, credit agencies and other persons utilise information provided by Companies House to make informed commercial decisions. It is therefore vital that when Companies House records this information into the register of companies, that it is recorded accurately, with the recent case of Sebry v Companies House [2015] EWHC 115 (QB) providing a stark example of the disastrous consequences that can occur if information is incorrectly recorded.’

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OUP Blog, 19th May 2015

Source: http://blog.oup.com

Drink-drive limit should be lowered in England and Wales, say police – The Guardian

Posted May 19th, 2015 in alcohol abuse, dangerous driving, news, police, Scotland by sally

‘The drink-driving limit should be lowered in England and Wales to match the threshold in Scotland, the Police Federation has suggested.’

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The Guardian, 19th May 2015

Source: www.guardian.co.uk

Karl Barker jailed over child rape and dogging charges – BBC News

Posted May 19th, 2015 in news, rape, sentencing, sexual grooming, sexual offences by sally

‘A man who repeatedly raped a girl from the age of 12 and sold her for sex at dogging sites has been jailed.’

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BBC News, 18th May 2015

Source: www.bbc.co.uk

Travellers in legal victory against JD Wetherspoon after delegates denied pub entry – Daily Telegraph

Posted May 19th, 2015 in damages, licensed premises, news, racism, travellers by sally

‘Lawyers successfully argue that group of 15 people were discriminated against when they were denied entry to The Coronet pub.’

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Daily Telegraph, 18th May 2015

Source: www.telegraph.co.uk

Men jailed for torturing and killing baby deer in Wales after police find ‘disturbing’ video – The Independent

Posted May 19th, 2015 in animal cruelty, news, sentencing by sally

‘Two men have been jailed for the “barbaric” torture and killing of a baby deer in a video they filmed on a mobile phone in Wales.’

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The Independent, 19th May 2015

Source: www.independent.co.uk

BBC faces no action over ‘knickers’ comment in Ched Evans debate – The Guardian

Posted May 19th, 2015 in BBC, complaints, media, news, rape by sally

‘A BBC radio presenter who said women should “keep their knickers on” while discussing convicted rapist and footballer Ched Evans will face no further action from media regulator Ofcom.’

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The Guardian, 18th May 2015

Source: www.guardian.co.uk