Brexit as a revolution – Law Pod UK

Posted October 18th, 2018 in brexit, diplomats, EC law, podcasts by sally

‘Professor Catherine Barnard has this exclusive interview with Sir Ivan Rogers, the former UK Ambassador to the EU, following his speech to Trinity College Cambridge last week. They discuss the themes of this speech which can be found in full on the Trinity College website.’

House of Lords debates religious intolerance and prejudice in the UK – Law & Religion UK

‘On 17 October, the House of Lords debated “the challenges posed by religious intolerance and prejudice in the United Kingdom”.’

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Law & Religion UK, 18th October 2018

Source: www.lawandreligionuk.com

Data gathering ‘may deny rape victims access to justice – The Guardian

Posted October 17th, 2018 in consent, criminal justice, data protection, disclosure, evidence, news, police, privacy, rape, victims by sally

The intrusive gathering of data about possible rape victims is unlawful and risks preventing them coming forward, according to London’s victims’ commissioner.

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The Guardian, 17th October 2018

Source: www.theguardian.com

Reporting restrictions on Bethany’s dad – children’s rights or concealing system failure? – Transparency Project

‘On Saturday, the Times reported: ‘Father beats legal bid to silence him over autistic girl in hospital “cell” ‘ [paywall]. Social affairs editor, Greg Hirst, reported that Jeremy (who is not using his surname publicly) succeeded in contesting an application by Walsall Metropolitan County Borough Council for an injunction to stop his social media campaign that is drawing attention to the plight of his 17-year-old-daughter.’

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Transparency Project, 16th October 2018

Source: www.transparencyproject.org.uk

Hate crime linked to religion doubled in three years – Daily Telegraph

‘Hate crime has surged across the country, new figures have revealed, with those directed at people because of their religious beliefs doubling since 2015.’

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Daily Telegraph, 16th October 2018

Source: www.telegraph.co.uk

Dark web paedophile Matthew Falder’s sentence reduced – BBC News

‘A “sadistic” paedophile who was jailed for 32 years has had his sentence reduced.’

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BBC News, 16th October 2018

Source: www.bbc.co.uk

Jacob Rowbottom: Cakes, Gay Marriage and the Right against Compelled Speech – UK Constitutional Law Association

‘In the high-profile decision in Lee v Ashers, the Supreme Court had to consider a customer’s rights against discrimination along with the baker’s right to freedom of expression. In its finding for the baker, the Supreme Court took an important step in developing a domestic doctrine against ‘compelled speech’. While the outcome of the case divides opinion, the reasoning of the Court requires further consideration of when a person has a right not express a particular view.’

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UK Constitutional Law Association, 16th October 2018

Source: ukconstitutionallaw.org

Gender Recognition Act: ‘Why we want identity rules changed’ – BBC News

‘If you want to legally change your gender in the UK, first a doctor has to diagnose you with a medical condition.’

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BBC News, 17th October 2018

Source: www.bbc.co.uk

Partial relief from sanction for claimant who submitted partial budget – Litigation Futures

‘A claimant who submitted a budget that did not include figures for trial preparation or trial has won relief from a decision that limited the entire budget to court fees only – but only for those parts of the budget that were completed.’

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Litigation Futures, 17th October 2018

Source: www.litigationfutures.com

Free movement of data – the next big thing? – Technology Law Update

Posted October 17th, 2018 in brexit, codes of practice, data protection, EC law, freedom of movement, news by sally

‘European law makers are planning a big step towards enabling the free flow of non-personal data within EU borders as part of the bloc’s Digital Single Market Strategy.’

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Technology Law Update, 16th October 2018

Source: www.technology-law-blog.co.uk

Courts uphold ‘ground breaking’ UK first unexplained wealth order – OUT-LAW.com

‘The High Court has upheld the UK’s first unexplained wealth order (UWO), dismissing a legal challenge to the order obtained by the National Crime Agency (NCA) earlier this year.’

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OUT-LAW.com, 16th October 2018

Source: www.out-law.com

Breast enlargement ads shown during Love Island banned by ASA – The Guardian

Posted October 17th, 2018 in advertising, complaints, cosmetic surgery, mental health, news, ombudsmen, women by sally

‘Adverts for breast enhancement surgery that were shown during ITV Two’s Love Island have been banned by the advertising watchdog after it backed campaigners who complained they were exploitative of young women’s insecurities.’

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The Guardian, 17th October 2018

Source: www.theguardian.com

Row over holiday park sees permission granted for second judicial review – Local Government Lawyer

Posted October 17th, 2018 in environmental protection, judicial review, local government, news, planning by sally

‘Folkestone & Hythe District Council faces its second judicial review in a year over a dispute concerning a proposed holiday park.’

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Local Government Lawyer, 15th October 2018

Source: www.localgovernmentlawyer.co.uk

Man on trial a second time for 1986 murders of Brighton schoolgirls – The Guardian

Posted October 17th, 2018 in child abuse, children, evidence, forensic science, murder, news, trials by sally

‘A paedophile accused of killing two nine-year-old girls more than three decades ago has gone on trial for a second time as prosecutors seek to draw on scientific advances in forensics on top of evidence from an original trial.’

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The Guardian, 16th October 2018

Source: www.theguardian.com

Son sues over mum’s airing cupboard death in Pennal resort – BBC News

Posted October 17th, 2018 in bereavement, compensation, families, inquests, negligence, news by sally

‘The son of a woman who died while trapped in a holiday home airing cupboard is suing the resort company.’

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BBC News, 17th October 2018

Source: www.bbc.co.uk

SRA wins right to recover £800,000 costs from Blavo – Legal Futures

‘The Court of Appeal has allowed the Solicitors Regulation Authority (SRA) to try and recover the £800,000 it spent intervening in collapsed law firm Blavo & Co.’

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Legal Futures, 17th October 2018

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 17th, 2018 in legislation by tracey

The Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018

The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018

The Nuclear Safeguards Act 2018 (Commencement No. 1) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 17th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

A (A Child) [2018] EWCA Civ 2240 (16 October 2018)

The British Council v Jeffery [2018] EWCA Civ 2253 (16 October 2018)

Crumpler & Anor v Candey Ltd [2018] EWCA Civ 2256 (16 October 2018)

Grant v Dawn Meats (UK) [2018] EWCA Civ 2212 (16 October 2018)

Revenue And Customs v Parry & Ors (Rev 1) [2018] EWCA Civ 2266 (16 October 2018)

The Law Society (Acting Through the Solicitors Regulation Authority) v Blavo [2018] EWCA Civ 2250 (16 October 2018)

High Court (Administrative Court)

SW, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 2684 (Admin) (16 October 2018)

Jane v Prosecutor General’s Office, Lithuania [2018] EWHC 2691 (Admin) (16 October 2018)

High Court (Family Division)

Jay v Secretary of State for Justice [2018] EWHC 2620 (Fam) (08 October 2018)

High Court (Queen’s Bench Division)

Caine, R (On the Application Of) v Crown Court At Southampton [2018] EWHC 2671 (QB) (15 October 2018)

Page v RGC Restaurants Ltd [2018] EWHC 2688 (QB) (15 October 2018)

BVC v EWF [2018] EWHC 2674 (QB) (12 October 2018)

Source: www.bailii.org

Council wins Court of Appeal battle over stadium and state aid – Local Government Lawyer

‘Coventry City Council has won a Court of Appeal case in the latest round of a four-year long litigation saga over the city’s sports stadium the Ricoh Arena.’

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Local Government Lawyer, 15th October 2018

Source: www.localgovernmentlawyer.co.uk

London police force must act over excessive force claim, says court – The Guardian

Posted October 16th, 2018 in disciplinary procedures, news, police, public order, statutory duty by sally

‘The City of London police force has failed in an attempt to block disciplinary action against an officer who was accused of clubbing a student over the head and causing a life-threatening brain injury.’

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The Guardian, 15th October 2018

Source: www.theguardian.com