‘The worst law on earth’: why the rich love London’s reputation managers – The Guardian

‘Boris Johnson has vowed to level the playing field on which oligarchs stifle those who scrutinise them. How can he do it?’

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The Guardian, 8th June 2022

Source: www.theguardian.com

Equalising goal: Law Society proposes SLAPP curbs – Law Society’s Gazette

Posted May 19th, 2022 in costs, freedom of expression, Law Society, news, public interest by sally

‘The Law Society has today echoed calls for a clampdown on so-called “lawfare”, but warned of “unintended consequences” if reforms are not properly thought through.’

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Law Society's Gazette, 19th May 2022

Source: www.lawgazette.co.uk

Judge throws out most of Swedish businessman’s libel claim in England – The Guardian

‘A British judge has thrown out large parts of a libel action by a Swedish businessman who tried to sue journalists writing about his company before its flotation on a Norwegian stock exchange.’

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The Guardian, 11th May 2022

Source: www.theguardian.com

Online safety: work needed to improve UK Bill – OUT-LAW.com

‘There is broad consensus that a greater degree of regulation of online content is necessary, but the aims of the proposed new Online Safety Bill in the UK could be undermined by a lack of clarity over the way the legislation is to be implemented and enforced.’

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OUT-LAW.com, 28th April 2022

Source: www.pinsentmasons.com

Insulate Britain members disrupt trial by gluing hands to court furniture – The Guardian

‘Three members of Insulate Britain have disrupted a magistrates court trial, gluing their hands to court furniture and paying tribute to the environmental activist who died after setting himself on fire outside the US supreme court.’

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The Guardian, 26th April 2022

Source: www.theguardian.com

Legal regulators “need to do more” in dealing with SLAPPs – Legal Futures

‘The Solicitors Regulation Authority (SRA), Bar Standards Board and other legal regulators need to do more to deal with SLAPPs – strategic lawsuits against public participation – because they are undermining the profession’s reputation, a report has argued.’

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Legal Futures, 26th April 2022

Source: www.legalfutures.co.uk

Trial of Extinction Rebellion co-founder delayed pending High Court judgment – The Independent

‘The criminal damage trial of the co-founder of Extinction Rebellion has been delayed pending a High Court judgment over the toppling of Edward Colston’s statue in Bristol.’

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The Independent, 19th April 2022

Source: www.independent.co.uk

High court denies Met permission to challenge ruling on Sarah Everard vigil – The Guardian

‘The Metropolitan police has been refused permission for a “hopeless” appeal against a high court ruling that found the force breached the rights of organisers of a vigil for Sarah Everard in south London last year.’

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The Guardian, 11th April 2022

Source: www.theguardian.com

HS2 protestor’s conviction proportionate with human rights, High Court rules – OUT-LAW.com

‘The English and Welsh Divisional Court has found that it is proportionate to convict a protestor of trespass, providing potential reassurance to companies whose business is disrupted through protests.’

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OUT-LAW.com, 5th April 2022

Source: www.pinsentmasons.com

Hong Kong: Top UK judges resign from highest court – BBC News

Posted March 31st, 2022 in freedom of expression, Hong Kong, judiciary, news, rule of law by sally

‘The UK has announced that two of its Supreme Court judges will no longer be sitting on Hong Kong’s top court.’

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BBC News, 30th March 2022

Source: www.bbc.co.uk

Barrister sanctioned for “offensive” Muslim tweet wins appeal – Legal Futures

‘A Bar Standards Board (BSB) panel applied too low a threshold in sanctioning a barrister for a tweet about Muslims that it said would cause offence, a tribunal has ruled.’

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Legal Futures, 28th March 2022

Source: www.legalfutures.co.uk

The Court of Protection and transparency – Local Government Lawyer

‘Lauren Gardner analyses a Court of Protection ruling on whether proceedings in relation to a 21-year-old woman should be open to the public and whether the judgment should be published.’

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Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

Extinction Rebellion vicar protester has conviction quashed – BBC News

‘A vicar who took part in a peaceful Extinction Rebellion demonstration outside a Ministry of Defence site has had her conviction quashed.’

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BBC News, 24th March 2022

Source: www.bbc.co.uk

Birmingham pub bombings: Chris Mullin wins fight to protect source – The Guardian

‘Chris Mullin, the journalist and former MP, has won the right to protect his sources in a historic freedom of the press case at the Old Bailey.’

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The Guardian, 22nd March 2022

Source: www.theguardian.com

Government clampdown on the abuse of British courts to protect free speech – Ministry of Justice

Posted March 17th, 2022 in defamation, freedom of expression, media, news, privacy by tracey

‘Wealthy individuals and powerful corporations who seek to silence critics by abusing the UK legal system have been put on notice by the government.’

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Ministry of Justice, 17th March 2022

Source: www.gov.uk

Victory for claimants in Sarah Everard vigil case – UK Human Rights Blog

Posted March 15th, 2022 in coronavirus, demonstrations, freedom of expression, London, news, police by tracey

‘Leigh & Ors v (1) The Commissioner of Police of the Metropolis and (2) Secretary of State for Health and Social Care (Interested Party) [2022] EWHC 527. A year after the kidnap, rape and murder of Sarah Everard by serving Metropolitan Police officer Wayne Couzens, the Divisional Court has given its judgment on the MPS response to the proposed vigil for Ms Everard organised by #ReclaimTheseStreets on Clapham Common, near where she was last seen alive.’

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UK Human Rights Blog, 14th March 2022

Source: ukhumanrightsblog.com

Police acted unlawfully over Everard vigil, court rules – Law Society’s Gazette

‘The Metropolitan Police unlawfully failed to consider whether the right to protest provided a “reasonable excuse” under coronavirus restrictions to organise a vigil for murder victim Sarah Everard, the High Court ruled today.’

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Law Society's Gazette, 11th March 2022

Source: www.lawgazette.co.uk

Protecting the identity of a child whose sibling has been killed by their parents – Transparency Project

‘This was the issue in the landmark human rights case, Re S [2004] UKHL 47, in which Lord Steyn formulated the test in balancing privacy interests under Article 8 of the European Convention on Human Rights with freedom of expression interests under Article 10. Lord Steyn’s formula is relied on (or should be) every time the media argue that it’s in the public interest to breach someone’s Article 8 rights. Likewise, every time an individual argues their privacy rights outweigh freedom of expression, we go to Re S.’

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Transparency Project, 8th March 2022

Source: www.transparencyproject.org.uk

Autumn Ellis: Lawfulness of policies of public bodies and Freedom of Expression under Article 10 ECHR – UK Constitutional Law Association

Posted March 1st, 2022 in freedom of expression, hate crime, human rights, news, police by sally

‘Thirty five years after Gillick v West Norfolk and Wisbech AHA (Gillick) was decided, the Supreme Court took the opportunity, in R (A) v Secretary of State for the Home Department (A) and R (BF (Eritrea)) v Secretary of State for the Home Department(BF), (previously discussed in this blog here), to restate the boundaries of the test for the lawfulness of policies published by public bodies, and to identify as erroneous cases which had relied on “other principles” (A at [54]). Lords Sales and Burnett, giving the leading judgment in both cases, drew a distinction between policies which can be regarded as “sanctioning” (by statement or omission), and those which are simply capable of “leading” to, unlawful decision-making. They summarised the Gillick test as follows: “Does the policy in question authorise or approve unlawful conduct by those to whom it is directed?” (A at [38]) (referred to here as the “authorisation/ approval test”). Distinct formulations of the lawfulness test relied on in previous cases, which turn on whether a given policy can be regarded as “leading” to an “unacceptable risk” of unlawful decision-making (referred to here as the “unacceptable risk test”), were incorrect to the extent that they constituted a departure from Gillick (A at [75]).’

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UK Constitutional Law Association, 28th February 2022

Source: ukconstitutionallaw.org

Bloombery v ZXC – the Supreme Court decides – Panopticon

‘The central question for the Supreme Court in Bloombery v ZXC [2022] UKSC 5 was, as Lords Hamblen and Stephens put it (with Lord Reeds, Lloyd-Jones and Sales agreeing): “whether, in general, a person under criminal investigation has, prior to being charged, a reasonable expectation of privacy in respect of information relating to that investigation”. The short answer was “yes”.’

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Panopticon, 21st February 2022

Source: panopticonblog.com