Author: sally

Regina (AB) v Chief Constable of Hampshire Constabulary – WLR Daily

Posted June 3rd, 2015 in data protection, disclosure, employment, human rights, judicial review, law reports, police, privacy, professional conduct, teachers by sally

Regina (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin); [2015] WLR (D) 225

‘While the disclosure by police of non-conviction material to a third party involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the common law empowered the police to disclose relevant information to relevant parties, where it was necessary for police purposes such as the public protection. Moreover, the Data Protection Act 1998 and the relevant statutory and administrative codes, provided a sufficiently clear, accessible and consistent set of rules, so as to prevent arbitrary or abusive interference with an individual’s article 8 rights; such that the disclosure would be in accordance with law.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

HCA International Ltd v Competition and Markets Authority – WLR Daily

Posted June 3rd, 2015 in appeals, bias, competition, law reports, tribunals by sally

HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492; [2015] WLR (D) 221

‘The Court of Appeal gave guidance as to the appropriate principles to be applied by a court or tribunal, having quashed a decision by an administrative body, in deciding whether it should remit that decision to be remade by a freshly constituted decision-making body.’

WLR Daily 21st May 2015

Source: www.iclr.co.uk

Macris v Financial Conduct Authority – WLR Daily

Posted June 3rd, 2015 in appeals, banking, financial regulation, identification, law reports, third parties by sally

Macris v Financial Conduct Authority [2015] EWCA Civ 490; [2015] WLR (D) 219

‘When determining whether, for the purposes of section 393 of the Financial Services and Markets Act 2000, “matters” in a notice issued by the Financial Conduct Authority as against a bank had “identified” a person who was not directly named, a simple objective test was to be applied.’

WLR Daily, 19th May 2015

Source: www.iclr.co.uk

Solicitor jailed for role in £4.3m land-banking scam – Legal Futures

Posted June 3rd, 2015 in banking, confiscation, fraud, news, proceeds of crime, sale of land, sentencing, solicitors, Solicitors Regulation Authority by sally

‘A solicitor has been jailed for five and a half years for his role in a £4.3m land-banking scam.’

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Legal Futures, 3rd June 2015

Source: www.legalfutures.co.uk

Oliver Sargent death: Safeguarding opportunities missed – BBC News

Posted June 3rd, 2015 in causing death of children or vulnerable adults, children, doctors, homicide, hospitals, news by sally

‘Health professionals missed “several opportunities” to safeguard an 11-month-old boy before he died of a skull fracture inflicted by his father, a serious case review has found.’

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BBC News, 2nd June 2015

Source: www.bbc.co.uk

Medieval laws face axe in legal pruning – The Guardian

Posted June 3rd, 2015 in bills, debts, news, repeals, statute law revision, treason by sally

‘Legislation dating back to the reign of King Henry II – preventing removal of debtors’ goods from beyond their native county – will shortly disappear from the UK’s lawbooks.’

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The Guardian, 3rd June 2015

Source: www.guardian.co.uk

Woman who sold her ex-husband’s grave space without his knowledge has to pay him £4,000 – Daily Telegraph

Posted June 3rd, 2015 in burials and cremation, compensation, divorce, fraud, married persons, news by sally

‘A woman who sold her ex-husband’s graveyard plot after forging his signature has been ordered to pay him more than £4,000.’
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Daily Telegraph, 2nd June 2015

Source: www.telegraph.co.uk

The Conservative Party’s Proposals for human rights – John Wadham – UK Human Rights Blog

Posted June 3rd, 2015 in consultations, human rights, jurisdiction, news, political parties by sally

‘End the ability of the European Court of Human Rights to force the UK to change the law. Every judgement that UK law is incompatible with the Convention will be treated as advisory and we will introduce a new Parliamentary procedure to formally consider the judgement.’

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UK Human Rights Blog, 2nd June 2015

Source: www.ukhumanrightsblog.com

Retrospectively Validating Steps Taken by a Claimant as Good Alternative Service Under CPR 6.15(2) – if a court finds that there is a single good reason to do so, there is no further discretion not to deem the service good – Zenith PI Blog

Posted June 3rd, 2015 in appeals, civil procedure rules, news, service out of jurisdiction, Supreme Court, time limits by sally

‘CPR r.6.15(1) provides that where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by Part 6, the court may make an order permitting service by an alternative method or at an alternative place.’
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Zenith PI Blog, 2nd June 2015

Source: www.zenithpi.wordpress.com

51 year sentence for men in Leeds child sexual exploitation case – CPS News Brief

Posted June 3rd, 2015 in child abuse, news, sentencing, sexual grooming, sexual offences by sally

‘Four men have today been sentenced at Leeds Crown Court to a total of 51 years for child sexual exploitation.’

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CPS News Brief, 2nd June 2015

Source: http://blog.cps.gov.uk

Surge in rape reports is overwhelming the police – Daily Telegraph

Posted June 3rd, 2015 in budgets, news, police, rape, sexual offences, statistics, terrorism by sally

‘Met Chief Sir Bernard Hogan-Howe says rape will be given the same priority as counter terrorism, but warns that hundreds more officers will be needed if the force is to avoid being overwhelmed.’

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Daily Telegraph, 2nd June 2015

Source: www.telegraph.co.uk

‘Unhealthily underweight model’ Yves Saint Laurent advert banned – BBC News

Posted June 3rd, 2015 in advertising, complaints, health, news, ombudsmen by sally

‘An Yves Saint Laurent advertisement featuring an “unhealthily underweight” model has been banned by the Advertising Standards Authority (ASA).’

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BBC news, 3rd June 2015

Source: www.bbc.co.uk

Education bill to close loopholes blocking academies expansion – The Guardian

Posted June 3rd, 2015 in bills, consultations, education, government departments, local government, news, school children by sally

‘The education secretary, Nicky Morgan, has vowed to “sweep away bureaucratic and legal loopholes” obstructing the takeover of as many as 1,000 struggling local authority schools in England and their rapid conversion into academies.’

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The Guardian, 3rd June 2015

Source: www.guardian.co.uk

Courtroom abuse sparks new McKenzie friend fears – Law Society’s Gazette

Posted June 2nd, 2015 in barristers, consultations, judiciary, legal services, McKenzie friends, news by sally

‘An imminent consultation by the judiciary on the proliferation of paid McKenzie friends in court is ringing alarm bells among lawyers, after a former nightclub bouncer was banned from providing such a service for grossly offensive behaviour.’

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Law Society’s Gazette, 1st June 2015

Source: www.lawgazette.co.uk

If You Can’t Stand the Heat – Nearly Legal

Posted June 2nd, 2015 in EC law, energy, news, regulations by sally

‘The Heat Network (Metering and Billing) Regulations 2014 were passed near the end of 2014 by the Government. They have been starting to excite interest after the production of a scoping document in April 2015 which attempts, badly, to explain their application.’

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Nearly Legal, 2nd June 2015

Source: www.nearlylegal.co.uk

Financial remedy and Wyatt v Vince – Law Society’s Gazette

Posted June 2nd, 2015 in civil procedure rules, delay, family courts, financial provision, news, striking out by sally

‘Despite the highly unusual facts of Wyatt v Vince [2015] UKSC 14, the Supreme Court’s decision on 11 March to allow Ms Wyatt to proceed with her financial remedy application has attracted a great deal of comment. The Supreme Court unanimously allowed the wife’s appeal. Lord Wilson gave the leading judgment.’

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Law Society’s Gazette, 1st June 2015

Source: www.lawgazette.co.uk

‘Black Spiders’ case shows need for guidance on FOI veto powers – OUT-LAW.com

Posted June 2nd, 2015 in appeals, documents, freedom of information, ministers' powers and duties, news, royal family, Supreme Court, veto by sally

‘The UK government must give new guidance to public authorities on when government ministers can exercise powers of veto to prevent the disclosure of information under freedom of information (FOI) laws.’
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OUT-LAW.com, 2nd June 2015

Source: www.out-law.com

Fair family hearings – according to the Court of Appeal – UK Human Rights Blog

Posted June 2nd, 2015 in appeals, cross-examination, human rights, legal aid, news by sally

‘Lord Dyson for the Court of Appeal has recently reversed the decision of HHJ Bellamy (see my post here) who had ordered legal aid to help an unrepresented father in family proceedings. The conundrum was that the father wanted contact with his children aged 5 and 4, but a 17-year old step-daughter, Y, told her teacher that the father sexually abused her – which the father denied.’

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UK Human Rights Blog, 31st May 2015

Source: www.ukhumanrightsblog.com

Disclosing child protection information: make sure you ask the right questions first – Panopticon

Posted June 2nd, 2015 in child abuse, data protection, disclosure, news, privacy by sally

‘High-profile revelations in recent years illustrate the importance of public authorities sharing information on individuals who are of concern in relation to child protection matters. When inaccurate information is shared, however, the consequences for the individual can be calamitous.’

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Panopticon, 1st June 2015

Source: www.panopticonblog.com

The police ask to look at our private messages once every 120 seconds – The Independent

Posted June 2nd, 2015 in interception, investigatory powers, news, police, privacy, reports, telecommunications by sally

‘Police officers in the UK ask for permission to monitor use of emails, text messages and internet searches once every two minutes, a new report has disclosed.’

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The Independent, 1st June 2015

Source: www.independent.co.uk