Terms of reference for the review of law, policy and procedure relating to parole decisions – Ministry of Justice

Posted January 19th, 2018 in parole, press releases by tracey

‘The review will look at the case for changing key aspects of Parole Board decision-making.’

Full press release

Ministry of Justice, 19th January 2018

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

John Worboys release will not be challenged by government – BBC News

Posted January 19th, 2018 in judicial review, news, parole, rape, sexual offences by tracey

‘The government will not challenge the decision to release rapist John Worboys, the justice secretary says.’

Full Story

BBC News, 19th January 2018

Source: www.bbc.co.uk

UK minister attempts to clarify data protection plans after watchdog’s concerns – OUT-LAW.com

Posted January 19th, 2018 in bills, data protection, EC law, news by tracey

‘Concerns that proposed new UK data protection laws threaten the independence of the country’s data protection watchdog are “misplaced”, a government minister has said.’

Full Story

OUT-LAW.com, 18th January 2018

Source: www.out-law.com

Ecclesiastical court judgments – December – Law & Religion UK

Posted January 19th, 2018 in ecclesiastical law, faculties, listed buildings, monuments, news by tracey

‘Review of the ecclesiastical court judgments during December 2017.’

Full Story

Law & Religion UK, 16th January 2018

Source: www.lawandreligionuk.com

Security bodies and legal advice: some Upper Tribunal droning – Panopticon

Posted January 19th, 2018 in aircraft, disclosure, freedom of information, news, weapons by tracey

‘The Times’ Lawyer of the Week this morning discusses an Upper Tribunal FOIA appeal brought by Rights Watch UK (for whom Daniel Carey, the Lawyer of the Week, acted pro bono), seeking disclosure of the Attorney General’s advice on drone strikes in Syria. The case was Corderoy & Ahmed v IC, AGO, Cabinet Office [2017] UKUT 495 (AAC). Whether you consider it a win, a loss or a draw (and if so for whom) will depend on which side you’re on here and, as counsel on all sides were colleagues at 11KBW, I will attempt a studied neutrality. I confess I have not found all aspects of the judgment easy to follow, but here you go.’

Full Story

Panopticon, 18th January 2018

Source: panopticonblog.com

Ziggurat: the crumbling edifice of surety bonds – Practical Law: Construction Blog

Posted January 19th, 2018 in construction industry, contracts, insolvency, news, surety by tracey

‘I read the decision in Ziggurat with some incredulity. I hadn’t intended to trespass on Karen Spencer’s territory, and overall I’d agree with her conclusion that the amendments made to the ABI form seem to have confused rather than clarified matters. I’d also agree with Roddy Cormack’s comment that more radical surgery is needed if the employer wishes to secure earlier payment following the contractor’s insolvency. But I did want to offer some thoughts on what the decision tells us about wider issues in the surety bonding market.’

Full Story

Practical Law: Construction Blog, 17th January 2018

Source: constructionblog.practicallaw.com

Deportation of foreign criminals: out of country appeals still lawful – UK Human Rights Blog

Posted January 19th, 2018 in appeals, deportation, human rights, judicial review, news by tracey

‘Nixon & Anor, R (On the Application of) Secretary of State for the Home Office [2018] EWCA Civ 3, 17 January 2018. The Court of Appeal has refused a judicial review application and permission to appeal in two cases where the applicants were required to pursue their challenges to deportation “out of country” rather than in the UK. Where the Secretary of State has rejected a human rights claim, and deportation is considered in the public good – because the deportee is a foreign criminal – there has been debate about the effectiveness of an out-of-country appeal.’

Full Story

UK Human Rights Blog, 18th January 2018

Source: ukhumanrightsblog.com

Calls for views on transforming court estate – Ministry of Justice

Posted January 19th, 2018 in consultations, courts, electronic filing, press releases by tracey

‘A public consultation on proposals to shape future decisions on the court and tribunal estate was launched today, as part of the transformation of our justice system.’

Full press release

Ministry of Justice, 18th January 2018

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

“Not unreasonable” for solicitors to switch from DBA to CFA shortly before trial – Litigation Futures

Posted January 19th, 2018 in costs, damages, fees, news, solicitors by tracey

‘Claimants did not act unreasonably in switching funding from a damages-based agreement (DBA) to a conditional fee agreement (CFA) shortly before trial, even though the defendants are now facing a much larger bill, a costs judge has ruled.’

Full Story

Litigation Futures, 18th January 2018

Source: www.litigationfutures.com

Radical new disclosure regime to ‘spell out’ lawyers’ duties – Law Society’s Gazette

Posted January 19th, 2018 in civil procedure rules, disclosure, news by tracey

‘A radical new disclosure regime for the Business and Property Courts will have a “far-reaching effect on civil litigation”, a leading City lawyer has claimed.’

Full Story

Law Society's Gazette, 18th January 2018

Source: www.lawgazette.co.uk

Parents with Learning Disabilities and a Local Authority’s Responsibilities – Family Law Week

‘Emma Harman, barrister of 3PB, explains the lessons that can be learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94.’

Full Story

Family Law Week, 18th January 2018

Source: www.familylawweek.co.uk

Hacker admits international cyber attacks – Crown Prosecution Service

Posted January 19th, 2018 in computer crime, guilty pleas, internet, sentencing by tracey

‘A hacker who was responsible for thousands of cyber-attacks on firms around the world including Skype and Google has been jailed for two years.’

Full press release

Crown Prosecution Service, 18th January 2018

Source: www.cps.gov.uk

BAILII: Recent Decisions

Posted January 19th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Hussain v General Pharmaceutical Council (Rev 1) [2018] EWCA Civ 22 (18 January 2018)

Easynet Global Services Ltd, Re [2018] EWCA Civ 10 (18 January 2018)

RAM (A Child), R (On the Application of v The Secretary of State for the Home Department [2018] EWCA Civ 18 (18 January 2018)

Trigg v HM Revenue & Customs [2018] EWCA 17 Civ (18 January 2018)

Monde Petroleum SA v Westernzagros Ltd [2018] EWCA Civ 25 (18 January 2018)

Teoco UK Ltd v) Aircom Jersey 4 Ltd & Anor [2018] EWCA Civ 23 (18 January 2018)

Court of Appeal (Criminal Division)

Lovell, R v [2018] EWCA Crim 19 (18 January 2018)

Alamgir & Ors, R v [2018] EWCA Crim 21 (18 January 2018)

High Court (Chancery Division)

Bakhshiyeva v Sberbank of Russia & Ors [2018] EWHC 59 (Ch) (18 January 2018)

High Court (Queen’s Bench Division)

UK Insurance Ltd v Gentry [2018] EWHC 37 (QB) (18 January 2018)

Source: www.bailii.org

Adoption a ‘runaway train often breaching rights of birth parents’ – The Guardian

Posted January 19th, 2018 in adoption, news, parental rights, social services by tracey

‘The British Association of Social Workers’s (BASW) independent adoption inquiry is the first to investigate the role of social workers in adoption with a focus on ethics and human rights and has called for a significant rethink and review of adoption law.’

Full Story

The Guardian, 18th January 2018

Source: www.theguardian.com

Liverpool prison has ‘worst conditions inspectors have seen’ – The Guardian

Posted January 19th, 2018 in health & safety, news, prisons, reports by tracey

‘Prison chiefs have been summoned next week to explain to MPs their “abject failure” over living conditions in Liverpool prison, which have been described by inspectors as the worst they can recall.’

Full Story

The Guardian, 19th January 2018

Source: www.theguardian.com

HMP Nottingham: Prisons inspector issues ‘urgent notification’ because inmates’ lives at risk – The Independent

Posted January 19th, 2018 in news, prisons, reports, self-harm, suicide by tracey

‘An “urgent notification” has been issued by the prisons watchdog for the first time because he warns lives are at risk at HMP Nottingham after inspectors deemed it a “fundamentally unsafe” jail.’

Full Story

The Independent, 18th January 2018

Source: www.independent.co.uk

Michael Barrymore: Pool death inquest bid blocked – BBC News

Posted January 19th, 2018 in attorney general, inquests, news by tracey

‘A bid for a fresh inquest into the death of a man at entertainer Michael Barrymore’s house in 2001 has been blocked by the attorney general.’

Full press release from Attorney General

Full Story

BBC News, 18th January 2018

Source: www.bbc.co.uk

No one innocent is in prison due to disclosure failures, claims DPP after string of rape cases collapse – The Independent

Posted January 19th, 2018 in Crown Prosecution Service, disclosure, evidence, news, prosecutions by tracey

‘Britain’s most senior prosecutor has claimed that no innocent people are in prison because of failures to disclose vital evidence, despite admitting there is a “systemic issue”.
Critics dismissed Alison Saunders’ assurance as “impossible” as they follow the collapse of several high-profile rape cases which were undermined by phone messages and pictures uncovered by lawyers.’

Full Story

The Independent, 18th January 2018

Source: www.independent.co.uk

Falling forensic science standards ‘making miscarriages of justice inevitable’ – The Guardian

Posted January 19th, 2018 in forensic science, miscarriage of justice, news, police, reports by tracey

‘Police forces are failing to meet the official standards for forensic science, making miscarriages of justice inevitable, the government’s forensic regulator has said. In her annual report, Gillian Tully highlighted her growing concerns about the failure of some forensic firms used by the police to meet basic quality standards. It means innocent people could be wrongly convicted and offenders escaping justice.’

Full Story

The Guardian, 19th January 2018

Source: www.theguardian.com

Jaswant Rathore: ‘Arrogant’ GP jailed for sexual assaults – BBC News

Posted January 19th, 2018 in doctors, news, sentencing, sexual offences by tracey

‘An “arrogant” West Midlands GP has been jailed for 12 years after being convicted of using his position to sexually assault four female patients.’

Full Story

BBC News, 18th January 2018

Source: www.bbc.co.uk