Florence Powell and Stephanie Needleman: How radical an instrument is Section 3 of the Human Rights Act 1998? – UK Constitutional Law Association

‘The operation of the Human Rights Act 1998 (the “HRA”) is currently being reviewed by the Government’s Independent Human Rights Act Review (the “Review”). One of the Review’s key themes is “the impact of the HRA on the relationship between the judiciary, the executive and the legislature”. In respect of this theme, the Terms of Reference ask how s.3 has operated and whether it should be amended or repealed.’

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UK Constitutional Law Association, 24th March 2021

Source: ukconstitutionallaw.org

CA slates barristers whose failures led it to wrongly quash conviction – Legal Futures

‘The Court of Appeal has strongly criticised barristers for not realising that the transcript of a trial was incorrect because they had not paid attention to the judge’s summing-up at the time.’

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Legal Futures, 24th March 2021

Source: www.legalfutures.co.uk

Fatal truth: how the suicide of Alex Reid exposed the hidden death toll of domestic violence – The Guardian

‘Nine months after the outgoing and talented nurse started dating Peter Yeung, she was dead. Her story highlights a shockingly common but overlooked cause of death among women.’

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The Guardian, 24th March 2021

Source: www.theguardian.com

Does The UK Protect Our Right To Freedom of Religion or Belief? – Each Other

Posted March 24th, 2021 in equality, human rights, news, religious discrimination by sally

‘In 1975, at the height of Cold War tensions, leaders of the United States, Canada and all European countries sat down together in Helsinki, Finland. Their main aim was discuss how to improve relations between different factions of the world when a global armed conflict felt dangerously close.’

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Each Other, 23rd March 2021

Source: eachother.org.uk

‘Informed consent’ fees dispute set for Court of Appeal showdown – Law Society’s Gazette

‘Afees dispute in a personal injury claim with the potential to affect thousands of similar cases is set to be contested in the Court of Appeal.’

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Law Society's Gazette, 24th March 2021

Source: www.lawgazette.co.uk

HMCTS rolls out on-site rapid testing at four more courts – Local Government Lawyer

Posted March 24th, 2021 in coronavirus, courts, HM Courts Service, news by sally

‘HM Courts & Tribunals Service (HMCTS) will from this week offer voluntary on-site rapid testing at four courts to people who attend scheduled hearings and are not showing symptoms of COVID-19.’

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Local Government Lawyer, 23rd March 2021

Source: www.localgovernmentlawyer.co.uk

Male barrister suspended for lewd comments aimed at female mini-pupil – Legal Futures

‘An experienced barrister who made crude sexual comments to a woman on a mini-pupillage has been suspended for six months and told not to take on pupils or mini-pupils in future.’

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Legal Futures, 23rd March 2020

Source: www.legalfutures.co.uk

Trial delays continue to lengthen across civil courts – Litigation Futures

‘Delays in cases going through the civil court continue to spiral upwards, with the whiplash reforms set to increase pressure on the small claims court even further in the coming months.’

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Litigation Futures, 23rd March 2021

Source: www.litigationfutures.com

Shrewsbury 24: how industrial action led to 47-year fight for justice – The Guardian

‘The industrial action that led to the convictions of union activists and a 47-year campaign to clear their names took place as Edward Heath’s Conservative government sought to weaken the economic power of trade unions.’

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The Guardian, 23rd March 2021

Source: www.theguardian.com

Vicarious liability for rape: Barry Congregation of JWs – Law & Religion UK

‘In Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, Mrs B and her husband had attended the Kingdom Hall in Barry and in 1986 Mrs B was baptised as a Jehovah’s Witness. They became friendly with another couple, Mark and Mary Sewell. Mark Sewell was a ministerial servant and subsequently became an elder. On 30 April 1990, Sewell raped Mrs B in a room in his house – and that fact was undisputed. In 2014, Sewell was convicted of raping Mrs B and of indecently assaulting a girl aged under 14, CXC, and another individual and sentenced to 14 years’ imprisonment. Mrs B sued the Watch Tower Bible and Tract Society of Pennsylvania and the Trustees of the Barry Congregation and, at first instance, Chamberlain J held them vicariously liable for her rape. (He also determined that it was equitable to extend the time to allow the claims to proceed, pursuant to s.33 Limitation Act 1980). He awarded Mrs B £62,000 for psychiatric injuries attributable to the rape. On appeal, the defendants disputed.’

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Law & Religion UK, 24th March 2021

Source: lawandreligionuk.com

The jurisdictional challenge of internet regulation – OUP Blog

Posted March 24th, 2021 in data protection, international law, internet, jurisdiction, news, privacy by sally

‘We live in an increasingly automated, data-driven world where choices and decisions are made for us, and sometimes, against us, and in which we are being subconsciously manipulated, based on the data trail we leave behind us. As a consequence, increasingly humanity is losing agency in favour of globally operating technology and media companies, who are building empires based on big data, data mining, and artificial intelligence. Their wealth and power stems from targeted advertising, but increasingly rests on the wealth of data and profiles of individuals which can be packaged and re-packaged to be sold to the highest bidder. The data collected is not just used for advertising, but also for surveillance, differential pricing, influencing elections, targeted misinformation, predicting sentiments in investment markets, and selling the data for managing corporate risk to the detriment of the consumer, particularly in respect of credit and insurance. Likewise, cybercrime uses techniques of profiling and exploitation of the vulnerable. The global data-driven economy is wide-ranging, has many benefits, but equally, high risks.’

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OUP Blog, 24th March 2021

Source: blog.oup.com

Colin Nesbitt: Bradford cancer charity founder guilty of theft – BBC News

Posted March 24th, 2021 in abuse of position of trust, charities, fraud, news, theft by sally

‘The founder of a children’s cancer charity has been convicted of stealing over £87,000 from the organisation.’

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BBC News, 23rd March 2021

Source: www.bbc.co.uk

Shrewsbury 24: court of appeal overturns 1970s picketing convictions – The Guardian

‘Court of appeal judges have overturned the criminal convictions of a group of trade unionists, including the actor Ricky Tomlinson, after a campaign lasting more than four decades.’

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The Guardian, 23rd March 2021

Source: www.theguardian.com