Is crowdfunded litigation the future of justice? – The Guardian

Posted May 26th, 2015 in costs, dispute resolution, internet, news, public interest, third parties by sally

‘With legal aid in crisis, CrowdJustice selects public interest cases and invites the public to fund them. But it faces many obstacles to enacting real change.’

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The Guardian, 25th May 2015

Source: www.guardian.co.uk

Prisons built to expel – OUP Blog

Posted May 26th, 2015 in citizenship, deportation, immigration, news, prisons by sally

‘Every few months, a new report announces the breakdown of the British immigration system. In January, the Committee of Public Accounts issued a searing review of the Home Office’s migration policy. Three months earlier, the National Audit Office released a near-identical critique. Each publication invokes a now-familiar folk devil – the ‘foreign criminal’ – ­­and demands better coordination between immigration enforcers and prison managers. Four times a year, we are told that governments that do not deport ‘foreign offenders’ are fundamentally unfit.’

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OUP Blog, 26th May 2015

Source: http://blog.oup.com

British judges not bound by European court of human rights, says Leveson – The Guardian

Posted May 26th, 2015 in courts, human rights, news, precedent, treaties by sally

‘Sir Brian Leveson, the judge most famous for his report into press ethics, has said he does not consider himself “crushed by the European jackboot” when it comes to applying the European convention of human rights in British courts.’

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The Guardian, 24th May 2015

Source: www.guardian.co.uk

Queen’s Speech 2015: Scrapping the human rights act, right to buy, and an EU referendum – what you can expect – The Independent

‘The Queen’s Speech marks the start of this session of parliament. The address, written by government ministers, is delivered by the Queen and lays out the Government’s agenda for the next year.’

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The Independent, 26th May 2015

Source: www.independent.co.uk

New pharmacy rules ‘should reduce dispensing mistakes’ – BBC News

Posted May 26th, 2015 in consultations, health, medicines, mistake, news, pharmacists by sally

‘Health ministers want to introduce an airline-style error reporting system for the UK’s high street pharmacies.’

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BBC News, 24th May 2015

Source: www.bbc.co.uk

The role of the law, in the matter of Ashya King – OUP Blog

‘Parents of a child diagnosed with a serious illness are immediately required to make decisions about their child’s medical treatment which, in order to save life, may cause pain, unpleasant side-effects and risk damaging their child’s future quality of life. The actions, last summer, of the parents of five year old Ashya King offer just one example of the lengths to which parents will go to secure the best possible treatment for their child; researching alternative treatments, securing second opinions, finding a treatment centre offering innovative or experimental treatment, travelling abroad, selling belongings or otherwise raising funds for treatment. The Internet provides access to a host of information about the side effects and risks of conventional treatment, alternative treatments available across the world – if you can pay for them – and stories of their success.’

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OUP Blog, 22nd May 2015

Source: http://blog.oup.com

I wish I could pass a longer jail term, judge tells stalker – Daily Telegraph

‘Judge speaks of frustration at only being able to jail a stalker, who drove female GP to a mental breakdown, for five years.’

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Daily Telegraph, 26th May 2015

Source: www.telegraph.co.uk

Internet troll conviction rates soar in a decade, figures reveal – The Independent

Posted May 26th, 2015 in crime, electronic mail, internet, malicious communications, news, statistics by sally

‘Convictions for crimes under a law used to prosecute internet trolls have increased nearly eight-fold in a decade, official figures reveal. Last year, 1,209 people were found guilty of offences under Section 127 of the Communications Act 2003 compared with 143 in 2004.’

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The Independent, 24th May 2015

Source: www.independent.co.uk

Legal experts call for greater scrutiny of surveillance laws – The Guardian

‘An alliance of prominent academics have signed a letter to the government warning against any expansions of state surveillance without the full involvement of parliament and the public.’

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The Guardian, 26th May 2015

Source: www.guardian.co.uk

EVENT – The Guardian – Jeremy Hutchinson & Alan Rusbridger: The case for liberty

Posted May 22nd, 2015 in Forthcoming events by sally

‘Jeremy Hutchinson was the greatest criminal barrister of the 1960s, 70s and 80s and his cases through that period changed society forever. From the sex and spying scandals that brought down Macmillan’s government, to his defence of Lady Chatterley’s Lover, editor-in-chief Alan Rusbridger talks to Jeremy about the cases that defined an era.’

Date: 8th June 2015, 7.00-8.30pm

Location: Kings Place, London N1 9AG

Charge: £25

More information can be found here.

The difference between ‘affirmation’ and ‘oath’ – BBC News

Posted May 22nd, 2015 in news, oaths, parliament by sally

‘That most time-consuming of the traditional rituals surrounding the UK Parliament, the swearing in of all the MPs, has become an emblem of the changing shape of British society. A ceremony originally designed for exclusion – to keep out religious and political undesirables – has become a display of diversity, writes Stephen Tomkins.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk

Phone hacking at Trinity Mirror ‘widespread’ for a decade, says judge – The Guardian

Posted May 22nd, 2015 in compensation, interception, media, news, privacy, telecommunications, victims by sally

‘Phone hacking at the tabloid publisher Trinity Mirror was “widespread and frequent” for a decade, a high court judge has ruled as he ordered the company to pay a record £1.2m in privacy damages to eight victims, including the actor Sadie Frost and ex-footballer Paul Gascoigne.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

Reconsideration of old human rights applications – Free Movement

Posted May 22nd, 2015 in appeals, human rights, immigration, news by sally

‘The Home Office has introduced a new policy on reconsideration of old human rights claims that were refused before 6 April 2015 with no right of appeal: Requests for reconsiderations of human rights or protection based claims refused without right of appeal before 6 April 2015. The policy is important in the very many cases where a human rights application was made by an individual or family and the application was refused with no right of appeal because no removal decision was made. Under the new appeals regime introduced by the Immigration Act 2014 from 6 April 2014, no removal decision is needed for a right of appeal, only refusal of a human rights claim.’
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Free Movement, 21st May 2015

Source: www.freemovement.co.uk

Dyson calls on judges to lead resistant lawyers to embrace post-Jackson “culture of reform” – Litigation Futures

Posted May 22nd, 2015 in case management, civil justice, news by sally

‘Judges need to lead the way in jolting lawyers out of their “comfort zones” so as to fully embrace the Jackson reforms, the Master of the Rolls has said, citing the lack of progress on disclosure and ‘hot-tubbing’ as examples where the new rules have not been embraced.’

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Litigation Futures, 22nd May 2015

Source: www.litigationfutures.com

What’s the Din? The Supremes’ Cut – Nearly Legal

Posted May 22nd, 2015 in homelessness, housing, news, Supreme Court by sally

‘Haile v Waltham Forest LBC [2015] UKSC 34 is the second of the triptych of cases which are before the UKSC (We have yet to have the outcome of the third one, the eligibility appeals in Samin/Mirga). The first, Johnson/Hotak/Kanu, as NL wrote, is particularly significant because of its reworking of the vulnerability test, overwriting encrusted CA decisions. Haile, on the other hand, attempts to steer a line between accepting the jurisprudence on intentionality but distinguishing it on a narrow basis (Lord Reed, with whom Lord Neuberger, Lady Hale and Lord Clarke agreed – Lord Neuberger, in the majority, doing so with hesitation, at [79]; Lord Carnwath dissenting). Johnson/Hotak/Kanu will involve reworking vulnerability decisions and will undoubtedly provoke further litigation on the SC test. In theory, at least, Haile should not involve any great difference or require reworking; but, as I will try to explain, its consequences may well reverberate just as much as Johnson et al. Indeed, despite the best intentions of the majority, I think further litigation is almost inevitably the outcome.’

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Nearly Legal, 21st May 2015

Source: www.nearlylegal.co.uk

Sadie Jenkins cleared of child murder bids ‘by reason of insanity’ – BBC News

‘A Newport woman who slit the throats of two children in a drug induced trance has been cleared of attempting to murder them on grounds of insanity.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk

Barristers threaten to walk out over legal aid cuts – The Guardian

Posted May 22nd, 2015 in barristers, budgets, legal aid, news by sally

‘Criminal barristers are threatening mass walkouts aimed at closing down the courts in protest against government cuts to legal aid.’
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The Guardian, 21st MAy 2015

Source: www.guardian.co.uk

Tobacco companies prepare multi-billion compensation claims over UK plain packaging – Daily Telegraph

Posted May 22nd, 2015 in compensation, EC law, intellectual property, news, smoking, trade marks by sally

‘Tobacco companies are preparing to launch what could be one of the biggest ever legal claims against the British Government for losses as a result of the introduction of plain packaging for cigarettes.’
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Daily Telegraph, 21st May 2015

Source: www.telegraph.co.uk

Mapped: Where is same sex marriage legal in the world? – Daily Telegraph

Posted May 22nd, 2015 in civil partnerships, equality, homosexuality, marriage, news by sally

‘As Ireland prepares to vote on the same sex marriage referendum, we map where it is already legal using data from the International Lesbian, Gay, Bisexual, Trans and Intersex Association.’

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Daily Telegraph, 21st May 2015

Source: www.telegraph.co.uk

How are the proceeds of crime recovered? – BBC News

Posted May 22nd, 2015 in assets recovery, compensation, news, proceeds of crime, victims by sally

‘The prime minister has announced new plans to seize the wages of illegal workers as proceeds of crime as part of a new immigration strategy. But how does the UK go about recovering the proceeds of crime, and what challenges might the new plans throw up?’

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BBC News, 21st May 2015

Source: www.bbc.co.uk