Education law in the news – Education Law Blog

Posted July 21st, 2015 in bills, education, legal aid, news, regulations, universities by tracey

‘There have been a few interesting education stories in the news recently.’

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Education Law Blog, 18th July 2015

Source: www.education11kbw.com

High Court orders ‘unsatisfactory’ public contract award to be set aside – OUT-LAW.com

Posted July 21st, 2015 in contracts, local government, news, public procurement by tracey

‘The procurement process through which an English council awarded a contract for asbestos removal contained “a number of manifest errors” and breaches of equality and transparency requirements, and should therefore be set aside, the High Court has ruled.’

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OUT-LAW.com, 21st July 2015

Source: www.out-law.com

HRA Watch: Reform, Repeal, Replace? Elizabeth Stokes: Prisoners’ Rights in Context: What Future under a British Bill of Rights? – UK Constitutional Law Association

Posted July 21st, 2015 in bills, human rights, legislation, news, prisons by tracey

‘As we contemplate the potential demise of the Human Rights Act 1998 in the UK (in no small part due to the decision in Hirst (No2) and its domestic application) it is worth considering what all this means for the protection of prisoners’ human rights in our domestic sphere, and the potential of either the courts or our democratic processes to recognise them.’

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UK Constitutional Law Association, 20th July 2015

Source: www.ukconstitutionallaw.org/blog

Copying for private use: to be quashed with prospective or retrospective effect? – UK Human Rights Blog

Posted July 21st, 2015 in consultations, copyright, human rights, intellectual property, news by tracey

‘British Academy of Songwriters, Composers and Authors and others, R(on the application of) v Secretary of State for Business, Innovation and Skills and another [2015] EWHC 1723 (Admin) – read original judgment and [2015] EWHC 2041 (Admin), 17 July 2015. On 19 June 2015, Green J ruled that an exception to copyright infringement for private use was unlawful, at common law, because of flaws in the consultation process which had preceded its enactment.’

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UK Human Rights Blog, 19th July 2015

Source: www.ukhumanrightsblog.com

Divisional Court strikes down DRIPA communications data law – UK Human Rights Blog

Posted July 21st, 2015 in conflict of laws, EC law, electronic mail, human rights, legislation, news by tracey

‘R (ota Davis et al) v. Secretary of State for Home Department [2015] EWHC 2092 – 17 July 2015. When a domestic Act of Parliament is in conflict with EU law, EU law wins. And when a bit of the EU Charter (given effect by the Lisbon Treaty) conflicts with an EU Directive, the EU Charter wins. Which is why the Divisional Court found itself quashing an Act of Parliament on Friday – at the behest of four claimants, including two MPs, the Tories’ David Davis and Labour’s Tom Watson.’

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UK Human Rights blog, 19th july 2015

Source: www.ukhumanrightsblog.com

Solicitor-advocates harming family justice – bar – Law Society’s Gazette

‘he bar has called for an independent review of advocacy in family law, over ‘a growing concern’ that an increase in the number of solicitors in conduct hearings has led to a decline in standards and ‘unjust’ outcomes.’

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Law Society’s Gazette, 20th July 2015

Source: www.lawgazette.co.uk

Regina (Sanjari) v Crown Court at Birmingham – WLR Daily

Regina (Sanjari) v Crown Court at Birmingham: [2015] EWHC 2037 (Admin); [2015] WLR (D) 307

‘Judges of the Crown Court should subject applications to transfer representation under regulation 14 of the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013 to rigorous and searching scrutiny.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

Banque Cantonale de Geneve v Polevent Ltd and others – WLR Daily

Banque Cantonale de Geneve v Polevent Ltd and others: [2015] EWHC 1968 (Comm); [2015] WLR (D) 304

‘The law governing a claim in restitution was the law of the country in which the unjust enrichment took place pursuant to article 10(3) of Parliament and Council Regulation (EC) No 864/2007.’

WLR Daily, 10th July 2015

Source: www.iclr.co.uk

Feest v South West Strategic Health Authority (Bay Island Voyages, third party) – WLR Daily

Feest v South West Strategic Health Authority (Bay Island Voyages, third party):[2015] EWCA Civ 708; [2015] WLR (D) 306

‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

Finance & Divorce Update July 2015 – Family Law Week

Posted July 21st, 2015 in divorce, financial provision, news, parental rights by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases from June 2015.’

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Family Law Week, 19th July 2015

Source: www.familylawweek.co.uk

UK parents to get power to cancel children’s passports over Isis fears – The Guardian

‘Parents worried that their children may be about to travel to Syria or Iraq to join Islamic State (Isis) will be able to apply for their child’s passport to be cancelled, David Cameron has announced in a speech setting out his five-year counter-extremism strategy.’

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The Guardian, 20th July 2015

Source: www.guardian.co.uk

Theresa May unlawfully detained potential trafficking victims, court rules – The Guardian

Posted July 21st, 2015 in detention, immigration, news, trafficking in human beings, victims by tracey

‘The home secretary, Theresa May, failed to protect three potential victims of trafficking who were locked up in an immigration detention centre, a high court judge has ruled.’

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The Guardian, 20th July 2015

Source: www.guardian.co.uk

Locked-in syndrome man loses challenge over right to die – BBC News

Posted July 21st, 2015 in assisted suicide, doctors, human rights, news by tracey

‘A man with locked-in syndrome has lost a High Court battle over guidelines which prevent doctors from assisting patients to end their lives.’

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BBC News, 20th July 2015

Source: www.bbc.co.uk

IPCC: officers should face disciplinary hearings over Plebgate meeting – The Guardian

Posted July 21st, 2015 in complaints, disciplinary procedures, news, police, professional conduct by tracey

‘Two Police Federation officials who were accused by MPs of giving misleading evidence about the Plebgate affair should face disciplinary hearings for gross misconduct, the Independent Police Complaints Commission (IPCC) has decided.’

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The Guardian, 20th July 2015

Source: www.guardian.co.uk

Foreigners must disclose criminal records to come to UK – but European Union is exempt – Daily Telegraph

Posted July 21st, 2015 in criminal records, disclosure, immigration, news, visas by tracey

‘Immigrants from outside Europe will be required to provide details of their criminal records or be refused entry to Britain, under new measures to be introduced by the Government. From September everyone applying to come to Britain under certain visa routes will have to provide proof of criminal record checks from every country they have lived in for the last 10 years.’

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Daily Telegraph, 20th July 2015

Source: www.telegraph.co.uk

Government to overhaul ‘out of date’ police funding system – The Guardian

Posted July 21st, 2015 in consultations, news by tracey

‘The system used to decide how much money police forces receive is to be overhauled, the government has announced. Ministers say they want to replace the “out-of-date” funding model with a simplified version. They will consult on proposals to tie the sums given to forces in England and Wales to factors such as the size of an area’s population.’

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The Guardian, 21st July 2015

Source: www.guardian.co.uk

South Yorkshire police still falling short on child protection, says inspector – The Guardian

Posted July 21st, 2015 in children, crime prevention, news, police, reports by tracey

‘South Yorkshire police still need to make “major improvements” to child protection, three years after the Rotherham child sex abuse scandal, according to Her Majesty’s Inspectorate of Constabulary (HMIC).’

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The Guardian, 21st July 2015

Source: www.guardian.co.uk

‘Common sense’ plea over ambulance speeding fines – BBC News

Posted July 21st, 2015 in dangerous driving, emergency services, fines, news, paramedics, speed cameras by tracey

‘Ambulance trusts spent hundreds of hours having to appeal against speeding fines issued to emergency vehicles by police forces.’

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BBC News, 21st July 2015

Source: www.bbc.co.uk