CPS fine sparks call for data protection rethink – Law Society’s Gazette

‘Data protection arrangements should be reviewed in the modern world of social media and cybercrime, a specialist solicitor has said, after it emerged the Crown Prosecution Service delivered unencrypted DVDs to a film studio for 12 years.’

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Law Society’s Gazette, 9th November 2015

Source: www.lawgazette.co.uk

Affordability and intentionality – adding it up – Nearly Legal

‘A second appeal from a s.204 County Court appeal that addressed the council’s decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was intentionally homeless for failing to pay the full rent).’

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Nearly Legal, 8th November 2015

Source: www.nearlylegal.co.uk

Up-skirt lewd photographer sentenced to community order – BBC News

‘A PhD student who took lewd pictures up women’s skirts at a wedding has been spared jail so he can learn how to control his “urges”.’

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BBC News, 6th November 2015

Source: www.bbc.co.uk

Disciplinary tribunals halves budget for so far non-existent ABS appeals – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has halved its budget for appeals from alternative business structures (ABSs), as it has yet to receive one since the Solicitors Regulation Authority (SRA) started licensing them in 2012.

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Legal Futures, 9th November 2015

Source: www.legalfutures.co.uk

IPCC could investigate Bradford City fire after police referral – BBC News

Posted November 9th, 2015 in complaints, fire, inquiries, news, ombudsmen, police, sport by sally

‘West Yorkshire Police has referred itself to the Independent Police Complaints Commission (IPCC) over the 1985 Bradford City fire disaster.’

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BBC News, 6th November 2015

Source: www.bbc.co.uk

Employment tribunal fees ‘may put off claimants’ – BBC News

‘The father of three sisters who brought employment claims against an award-winning chef has said tribunal fees could put people off filing a dispute.’

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BBC News, 9th November 2015

Source: www.bbc.co.uk

Parents sue Government over sidelining of humanism in Religious Studies – Daily Telegraph

‘Three parents have launched a judicial review against the Government’s decision to sidelining humanism in the Religious Studies curriculum.’

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Daily Telegraph, 8th November 2015

Source: www.telegraph.co.uk

Siblings of different faiths in high court row over mother’s funeral – The Guardian

Posted November 9th, 2015 in bereavement, burials and cremation, Church of England, families, Judaism, news by sally

‘A brother and sister who follow different faiths have gone to the high court to settle a dispute over how to conduct their mother’s funeral.’

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The Guardian, 6th November 2015

Source: www.guardian.co.uk

Negligent valuation overturned, but security issuer entitled to sue, says court – OUT-LAW.com

Posted November 9th, 2015 in appeals, damages, mortgages, negligence, news, statistics, surveyors, valuation by sally

‘The Court of Appeal has suggested that a commercial mortgage-backed security (CMBS) issuer would be entitled to sue a surveyor for a potentially negligent valuation, despite overturning the finding of negligence itself.’

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OUT-LAW.com, 6th November 2015

Source: www.out-law.com

Gove admits the UK sentencing framework needs to be more sensitive, & 7 more things we learned at the 2015 Howard League AGM – Halsbury’s Law Exchange

‘Since his appointment as Justice Secretary & Lord Chancellor in May this year, the Rt Hon Michael Gove has maintained a fairly low profile. Aside from his Making Prisons Work speech in July, Mr Gove’s plans for the future of the Criminal Justice System have not been very clearly outlined. Although since his swearing in, to the delight of many, Gove has managed to overturn the previous Lord Chancellor, Chris Grayling’s ban on books for prisoners; scrapped plans to create a super youth prison; and halted massively controversial plans for the UK to undertake Saudi Arabian prison training contracts.’

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Halsbury’s Law Exchange, 6th November 2015

Source: www.halsburyslawexchange.co.uk

The chips are down for Barry Beavis – but what does it mean for the penalty rule? – Technology Law Update

Posted November 9th, 2015 in appeals, consumer protection, contracts, fees, news, parking, penalties, Supreme Court by sally

‘This week the UK Supreme Court gave a single decision on a pair of wildly different cases. They involved a chip shop owner overstaying in a retail car park and the heavily negotiated sale of a substantial Middle Eastern advertising group. (Cavendish Square v El Makdessi and ParkingEye v Beavis) Why? Because they both concerned the idea of a penalty clause – very roughly, a clause that is unenforceable because it imposes an exorbitant obligation to pay on a party that breaches a contract.’

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Technology Law Update, 6th November 2015

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

Intensive care, and the outer limits of Cheshire West – UK Human Rights Blog

‘Where a coroner has reason to suspect that a person has died in custody or “otherwise in state detention” and that the death was violent, unnatural or by way of unknown cause, the coroner must hold an inquest with a jury (section 7 Coroners and Justice Act 2009 (“CJA”)). The interesting issue in this case was whether and/or in what circumstances a person who has died whilst in intensive care will be regarded as having died “in state detention”, thus triggering a jury inquest.’

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UK Human Rights Blog, 6th November 2015

Source: www.ukhumanrightsblog.com

Spending review: Nine new prisons to replace Victorian jails – BBC News

Posted November 9th, 2015 in budgets, Ministry of Justice, news, prisons, rehabilitation, statistics by sally

‘Nine new prisons will open in England and Wales – five by 2020 – under plans to close Victorian jails and sell them for housing, the government has said.’

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BBC News, 9th November 2015

Source: www.bbc.co.uk

No appetite for scrapping Human Rights Act, says Amnesty – The Guardian

Posted November 9th, 2015 in charities, human rights, Ministry of Justice, news, precedent, statistics by sally

‘Only one in 10 people in Britain believe that scrapping the Human Rights Act should be a major government priority, according to an opinion poll conducted by Amnesty International.’

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The Guardian, 8th November 2015

Source: www.guardian.co.uk

Interception, Authorisation and Redress in the Draft Investigatory Powers Bill – UK Human Rights Blog

Posted November 5th, 2015 in bills, interception, investigatory powers, news, tribunals, warrants by sally

‘The Government has published a draft Bill on Investigatory Powers that it hopes to see through Parliament within a year. If it becomes law, the Investigatory Powers Bill will replace much, but not all, of the Regulation of Investigatory Powers Act 2000, as well as the Data Retention and Investigatory Powers Act 2014.’

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UK Human Rights Blog, 5th November 2015

Source: www.ukhumanrightsblog.com

Wales – it’s just more appealing – Nearly Legal

Posted November 5th, 2015 in appeals, civil procedure rules, housing, news, tribunals, Wales by sally

‘Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC) depending on whether the case started in England or Wales.’

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Nearly Legal, 5th November 2015

Source: www.nearlylegal.co.uk

Gay canon Jeremy Pemberton was not discriminated against – BBC News

‘A gay clergyman prevented from taking up a post as a hospital chaplain was not discriminated against, an employment tribunal panel has ruled.’

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BBC News, 4th November 2015

Source: www.bbc.co.uk

Proportion of rape reports leading to charges falls sharply – The Guardian

Posted November 5th, 2015 in crime, news, prosecutions, rape, statistics by sally

‘The proportion of rape reports to police that led to a charge fell sharply in 2014/15, according to new official figures.’

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The Guardian, 5th November 2015

Source: www.guardian.co.uk

UK government to reform communication surveillance laws – OUT-LAW.com

‘Data recording what websites internet users have visited will need to be retained for up to 12 months by telecommunication service providers under proposed new surveillance laws that have been outlined by the UK government.’

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OUT-LAW.com, 4th October 2015

Source: www.out-law.com

FOI and Article 10: life after Kennedy (and Kenedi) – Panopticon

Posted November 5th, 2015 in freedom of expression, freedom of information, human rights, news by sally

‘The right to freedom of expression under Article 10(1) of the European Convention on Human Rights includes “freedom… to receive and impart information and ideas without interference by public authority”. Does that mean that there is a human right to freedom of information?’

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Panopticon, 4th November 2015

Source: www.panopticonblog.com