Met police using surveillance system to monitor mobile phones – The Guardian

Posted October 31st, 2011 in interception, investigatory powers, news, police, privacy, telecommunications by sally

“Britain’s largest police force is operating covert surveillance technology that can masquerade as a mobile phone network, transmitting a signal that allows authorities to shut off phones remotely, intercept communications and gather data about thousands of users in a targeted area.”

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The Guardian, 30th October 2011

Source: www.guardian.co.uk

Npower fined £2m by Ofgem – Daily Telegraph

Posted October 31st, 2011 in complaints, consumer protection, fines, news, utilities by sally

“Ofgem has handed npower a £2 million penalty for breaching regulations in handling customer complaints.”

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Daily Telegraph, 31st October 2011

Source: www.telegraph.co.uk

Media win legal bid on Tabak porn – The Independent

Posted October 31st, 2011 in contempt of court, disclosure, freedom of expression, media, news, pornography, trials by sally

“The media won an important victory for press freedom following an attempt to block the publication of Vincent Tabak’s sordid sex life and interest in violent pornography, it can be disclosed today (28 October).”

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The Independent, 28th October 2011

Source: www.independent.co.uk

Lovat v Hertsmere Borough Council – WLR Daily

Posted October 31st, 2011 in enfranchisement, law reports, leases by sally

Lovat v Hertsmere Borough Council [2011] EWCA Civ 1185; [2011] WLR (D) 306

“In the definition of ‘an excluded tenancy’ for the purposes of the additional right to enfranchisement applicable to tenancies not at a low rent under section 1AA of the Leasehold Reform Act 1967, the phrase ‘the house which the tenant occupies under the tenancy’ in section 1AA(3)(a) was to be construed as referring solely to the ‘house’ as defined in section 2(1) of the 1967 Act (that is, excluding any grounds); and the term ‘adjoining land’ in section 1AA(3)(b) meant neighbouring land that might, but did not necessarily, touch or physically adjoin the house.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk

Brüstle v Greenpeace eV – WLR Daily

Posted October 31st, 2011 in embryology, human tissue, law reports, patents by sally

Brüstle v Greenpeace eV (Case C-34/10); [2011] WLR (D) 305

“Any human ovum after fertilisation, any non-fertilised human ovum into which the cell nucleus from a mature human cell had been transplanted, and any non-fertilised human ovum whose division and further development had been stimulated by parthenogenesis constituted a ‘human embryo’ within the meaning of article 6(2)(c) of Parliament and Council Directive 98/44/EC of 6 July 1998 on the legal protection of biotechnological inventions (OJ 1998 L 213, p 13) and could not therefore be patented.”

WLR Daily, 18th October 2011

Source: www.iclr.co.uk

Bar Chairman – Slashing and Burning Legal Aid will Increase Costs – The Bar Council

Posted October 31st, 2011 in barristers, budgets, costs, legal aid, news by sally

“The Bar Council, which represents barristers in England and Wales, has warned the Government of the serious consequences of pursuing far reaching cuts to legal aid, as the Legal Aid, Sentencing and Punishment of Offenders Bill reaches Report Stage in the House of Commons.”

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The Bar Council, 31st October 2011

Source: www.barcouncil.org.uk

The law-making process: could do better! – Halsbury’s Law Exchange

Posted October 31st, 2011 in employment, government departments, legislative drafting, news, tribunals by sally

“‘Good regulation is a good thing’ is the trite introduction to the government’s red tape challenge, before saying we have too much of the other sort. The proposition is that reducing the quantity of regulation is the answer. This is myopic because if quantity is one possible burden on business, so is poor quality law. Poor quality is not about political or policy disagreements, but simply the production of badly-drafted law that is difficult to understand, because it is too complex or simply unclear.”

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Halsbury’s Law Exchange, 28th October 2011

Source: www.halsburyslawexchange.co.uk

Judges to be reined in by Parliament on human rights – Daily Telegraph

Posted October 31st, 2011 in deportation, human rights, judiciary, news, proportionality by sally

“Ministers are drawing up plans to rein in ‘outrageous’ human rights rulings by judges, it can be disclosed.”

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Daily Telegraph, 29th October 2011

Source: www.telegraph.co.uk

Office of Fair Trading takes steps to shut Yes Loans – BBC News

Posted October 31st, 2011 in complaints, consumer credit, consumer protection, loans, news by sally

“The Office of Fair Trading (OFT) is taking steps to close down a company which claims to process thousands of loan applications a week.”

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BBC News, 29th October 2011

Source: www.bbc.co.uk

Whistleblowers not protected from bullying, court rules – The Independent

Posted October 31st, 2011 in bullying, news, nurses, victimisation, whistleblowers by sally

“The law protecting whistleblowers and public safety in hospitals is failing staff and patients, the Court of Appeal has found in a landmark case brought by three nurses against an NHS trust in Manchester.”

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The Independent, 31st October 2011

Source: www.independent.co.uk

Criminals to have weekly benefits docked by up to £25 to pay fines – The Guardian

Posted October 31st, 2011 in benefits, fines, news, violent disorder by sally

“People on benefits who are fined in court could face a fivefold increase in the amount docked from their weekly payments to cover the penalty, David Cameron will announce on Saturday as the government response to the riots is intensified.”

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The Guardian, 29th October 2011

Source: www.guardian.co.uk

Warning over legal aid cuts for disabled people – BBC News

Posted October 31st, 2011 in benefits, budgets, disabled persons, legal aid, news by sally

“Ministers are being urged not to restrict legal aid for disabled people wanting to challenge benefit decisions.”

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BBC News, 31st October 2011

Source: www.bbc.co.uk

Abused women will suffer from legal aid cuts, charity claims – The Guardian

Posted October 31st, 2011 in budgets, domestic violence, legal aid, news by sally

“More women living in abusive relationships will be killed or driven to suicide if the government pushes through cuts to legal aid, a leading national charity has warned.”

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The Guardian, 31st October 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted October 27th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Rheines v R. [2011] EWCA Crim 2397 (26 October 2011)

R. v E [2011] EWCA Crim 2393 (06 October 2011)

Court of Appeal (Civil Division)

The Construction Industry Training Board (aka CITB-Construction Skills) v Beacon Roofing Ltd [2011] EWCA Civ 1203 (26 October 2011)

High Court (Queen’s Bench Division)

Morrissey v McNicholas & Anor [2011] EWHC 2738 (QB) (26 October 2011)

High Court (Administrative Court)

BA, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2748 (Admin) (26 October 2011)

High Court (Commercial Court)

Glencore Energy (UK) Ltd v Sonol Israel Ltd [2011] EWHC 2756 (Comm) (26 October 2011)

High Court (Admiralty Division)

MIOM 1 Ltd & Anor v Sea Echo ENE (No 2) [2011] EWHC 2715 (Admlty) (26 October 2011)

High Court (Patents Court)

Nokia OYJ (Nokia Corporation) v IPCom GmbH & Co Kg [2011] EWHC 2719 (Pat) (26 October 2011)

Protecting Kids the World Over (PKTWO) Ltd, Re [2011] EWHC 2720 (Pat) (26 October 2011)

Source: www.bailii.org

Psychiatric patient loses groundbreaking appeal – The Guardian

Posted October 27th, 2011 in appeals, detention, mental health, news, tribunals by sally

“The first psychiatric patient to have an appeal against detention heard in public lost his legal battle to be freed from Broadmoor hospital on Wednesday.”

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The Guardian, 26th October 2011

Source: www.guardian.co.uk

Costs rule ‘will fuel litigation’ – Law Society’s Gazette

Posted October 27th, 2011 in costs, news, proportionality, speeches by sally

“Litigators may face a tough new rule on the ‘proportionality’ of their costs that could fuel satellite litigation and uncertainty, experts warned last week.”

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Law Society’s Gazette, 27th October 2011

Source: www.lawgazette.co.uk

Phone-hacking suspects ‘could use inquiry to sabotage cases’ – The Guardian

Posted October 27th, 2011 in evidence, inquiries, interception, news, telecommunications, trials by sally

“The Metropolitan police and the Crown Prosecution Service fear suspects in the phone-hacking criminal investigation could try to sabotage prosecutions, it has emerged.”

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The Guardian, 26th October 2011

Source: www.guardian.co.uk

UK supreme court judges air concerns over having to follow Europe’s lead – The Guardian

Posted October 27th, 2011 in human rights, judges, judgments, news, Supreme Court by sally

“The UK’s supreme court is not always ‘supreme’ because it has to follow the lead of the European court of human rights in Strasbourg, whose rulings are sometimes too narrow in scope, according to the country’s most senior judge, Lord Phillips.”

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The Guardian, 26th October 2011

Source: www.guardian.co.uk

Lapland ‘con’ duo cleared on appeal – The Independent

Posted October 27th, 2011 in advertising, appeals, consumer protection, fraud, juries, news by sally

“Two brothers jailed after being accused of conning thousands of customers into visiting what they claimed was a Lapland-style theme park had their convictions overturned by appeal judges today.”

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The Independent, 26th October 2011

Source: www.independent.co.uk

Bill to allow homeowners to defend themselves and their property – The Independent

Posted October 27th, 2011 in bills, news, self-defence by sally

“People who feel threatened in their own homes will no longer have to flee and can stay to defend both themselves and their property under Government plans.”

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The Independent, 27th October 2011

Source: www.independent.co.uk