Christmas Break

Posted December 21st, 2015 in news by sally

christmas-lights-border
There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 4th January 2016.

Happy Christmas and thanks for reading!

Drivers caught using mobile phones face £150 fines – Daily Telegraph

Posted December 21st, 2015 in careless driving, fines, news, telecommunications by sally

‘Transport Secretary Patrick McLoughlin plans to hit drivers who flout the law with higher fines, rising from £100 to £150, and more penalty points on their licences’

Full story

Daily Telegraph, 20th December 2015

Source: www.telegraph.co.uk

Discretion, lip service and s188(3) – Nearly Legal

Posted December 21st, 2015 in homelessness, housing, judicial review, local government, news by sally

‘We’re very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated refusal) to provide interim accommodation pending s.202 review.’

Full story

Nearly Legal, 19th December 2015

Source: www.nearlylegal.co.uk

Supreme Court: Failure to disclose evidence did not breach Art 6 – UK Human Rights Blog

Posted December 21st, 2015 in disclosure, evidence, human rights, jurisdiction, news, Scotland, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal against a decision of Scotland’s High Court of Justiciary (available here) in which it refused to overturn a criminal conviction on the basis that the non-disclosure of evidence breached the appellant’s right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR).’

Full story

UK Human Rights Blog, 18th December 2015

Source: www.ukhumanrightsblog.com

Phone Hacking and the Level of Damages – Panopticon

Posted December 21st, 2015 in damages, interception, media, news, privacy by sally

‘It is panto season, and everyone loves a good villain. This Christmas’ Wicked Stepmother is the Mirror Group who, when asking ‘Mirror, Mirror on the wall, who is the most liable of them all?’ has received the answer from the Court of Appeal that they are and must pay the consequences.’

Full story

Panopticon, 17th December 2015

Source: www.panopticonblog.com

Only 18 FGM protection orders issued to protect UK girls since launch – The Guardian

Posted December 21st, 2015 in female genital mutilation, news, prosecutions by sally

‘Only 18 of the new specialist protection orders designed to safeguard young girls at risk of female genital mutilation have been issued in the three months since they were introduced, according to official figures. The revelation prompted calls from the head of the new National FGM Centre for teachers, social workers and health professionals to be “braver” when identifying girls at risk and alerting the authorities.’

Full story

The Guardian, 19th December 2015

Source: www.guardian.co.uk

Abolition of the Criminal Courts Charge: a welcome move – Halsbury’s Law Exchange

Posted December 21st, 2015 in criminal courts charge, magistrates, news by sally

‘Why has the government decided to abolish the Criminal Courts Charge? Shula de Jersey, Principal Lawyer at Slater and Gordon (UK) LLP, explores the controversial measure and explains the events that led to its abolition.’

Full story

Halsbury’s Law Exchange, 16th December 2015

Source: www.halsburyslawexchange.co.uk

Cameron to review legal protection of shoot-to-kill police officers – The Guardian

Posted December 21st, 2015 in firearms, news, police, prosecutions, terrorism by sally

‘David Cameron has ordered a review into whether armed police should have greater legal protection if they shoot terrorists and other suspected criminals.’

Full story

The Guardian, 20th December 2015

Source: www.guardian.co.uk

Hunting Act in ‘tatters’ as thousands prepare for Boxing Day meet – Daily Telegraph

Posted December 21st, 2015 in hunting, news, prosecutions by sally

‘The Countryside Alliance says 80 per cent of registered hunts have held on to their supporters or recruited new ones since the ban.’

Full story

Daily Telegraph, 20th December 2015

Source: www.telegraph.co.uk

Lord Janner child sex abuse claims ‘cannot go to court’ – The Guardian

Posted December 21st, 2015 in child abuse, elderly, fitness to plead, hospital orders, mental health, news by sally

‘The death of the former Labour peer Greville Janner almost certainly means that child sex allegations made against him will never be tested in a criminal court, according to legal experts.’

Full story

The Guardian, 20th December 2015

Source: www.guardian.co.uk

‘Check settlements’, couples told after divorce form error – BBC News

Posted December 21st, 2015 in computer programs, divorce, electronic filing, litigants in person, news by sally

‘Couples who divorced in the last 20 months have been advised to check their financial settlements after a glitch was found in an online government form.’

Full story

BBC News, 18th December 2015

Source: www.bbc.co.uk

Woman who tried to burn sister alive is jailed for 25 years – The Guardian

Posted December 21st, 2015 in arson, attempts, murder, news, sentencing by sally

‘A woman has been jailed for 25 years after trying to burn her sister alive to cover up the theft of almost £140,000 from her family.’

Full story

The Guardian, 18th December 2015

Source: www.guardian.co.uk

Plebgate police inspector guilty of misconduct, disciplinary panel rules – The Guardian

Posted December 18th, 2015 in complaints, defamation, disciplinary procedures, news, police, professional conduct by tracey

‘A Police Federation official accused of giving a misleading account of a meeting with Plebgate row MP Andrew Mitchell has been found guilty of breaching standards of professional behaviour.’

Full story

The Guardian, 18th December 2015

Source: www.guardian.co.uk

‘Plebgate’ and the protection of journalistic sources – Panopticon

Posted December 18th, 2015 in damages, interception, investigatory powers, media, news, police, privacy by tracey

‘It has been a mixed day for the media’s entanglements with the judiciary. Chris Knight posted earlier today about the unhappy outcome for Mirror Group Newspapers before the Court of Appeal in the Gulati privacy damages litigation arising from phone-hacking. News Group Newspapers, however – together with Sun journalist claims Tom Newton Dunn, Anthony France and Craig Woodehouse – had a happier outcome in another case about telephone privacy, though this time with the media as victim rather than perpetrator of the interference.’

Full story

Panopticon, 17th December 2015

Source: www.panopticonblog.com

The code of practice for victims of crime and supporting public information materials – Ministry of Justice

Posted December 18th, 2015 in codes of practice, press releases, victims by tracey

‘Code of practice governing services to be provided in England and Wales to victims of criminal conduct which occurred in England and Wales.’

Full press release

Ministry of Justice, 18th December 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Borough council uses ASB and planning laws to secure traveller injunction – Local Government Lawyer

Posted December 18th, 2015 in gipsies, injunctions, local government, news, planning by tracey

‘Blackpool Council has secured a High Court injunction – pursuant to Section 1 of the Anti-Social Behaviour Crime and Policing Act 2014 and Section 187B of the Town and Country Planning Act 1990 – stopping 13 named travellers from setting up unauthorised encampments in the borough. The council said it was believed to be the first time in the country that a local authority had used the 2014 Act along with Section 187B of the TCPA to secure an injunction against illegal travellers.’

Full story

Local Government Lawyer, 17th December 2015

Source: www.localgovernmentlawyer.co.uk

Supreme Court: no “material change” means no second application for relief from sanctions – Litigation Futures

‘Litigants are not entitled to make a second application for relief from sanctions unless there has been a “material change in circumstances”, the Supreme Court has ruled.’

Full story

Litigation Futures, 17th December 2015

Source: www.litigationfutures.com

Government decides against doubling court fee cap but gives green light to general increase – Litigation Futures

Posted December 18th, 2015 in consultations, courts, fees, news by tracey

‘The government has decided against doubling the maximum court fee cap to £20,000, but is to press ahead with its planned 10% increase in court fees across the range of civil proceedings.’

Full story

Litigation Futures, 17th December 2015

Source: www.litigationfutures.com

Earnings of criminal legal aid barristers fall 8% in two years – Legal Futures

Posted December 18th, 2015 in barristers, criminal justice, legal aid, news, remuneration by tracey

‘The fee income of Crown Court legal aid barristers from the Advocated Graduated Fee Scheme (AGFS) has fallen by 8% in the last two years, new figures have shown.’

Full story

Legal Futures, 18th December 2015

Source: www.legalfutures.co.uk

Phone hacking: Mirror Group loses appeal over damages – BBC News

Posted December 18th, 2015 in appeals, damages, interception, media, news by tracey

‘Mirror Group Newspapers has lost its appeal over damages paid to eight victims of phone hacking.’

Full story

BBC News, 17th December 2015

Source: www.bbc.co.uk