Category: illegality

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening) – WLR Daily

Posted May 3rd, 2013 in children, codes of practice, human rights, illegality, law reports, ministers' powers and duties, young offenders by tracey

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening): [2013] EWHC 982 (Admin);   [2013] WLR (D)  157

“It was contrary to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and consequently unlawful, for the Secretary of State for the Home Department to direct, as she had done through Code C of the Code of Practice under the Police and Criminal Evidence Act 1984 (‘PACE Code C’), that 17-year-olds might be treated as adults when in police detention.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

Judges to rule on HMRC’s tax deal with Goldman Sachs – BBC News

Posted May 2nd, 2013 in HM Revenue & Customs, illegality, judicial review, news, taxation by sally

“Judges are being asked to decide if HM Revenue and Customs (HMRC) acted illegally by letting investment bank Goldman Sachs off part of its tax bill.”

Full story

BBC News, 2nd May 2013

Source: www.bbc.co.uk

Youth jail illegally punished seven protesting teenagers, court rules – The Guardian

Posted March 7th, 2013 in demonstrations, illegality, news, prisons, punishment, young offenders by sally

“A privately run youth jail illegally punished seven teenagers after they were involved in a protest over conditions on their wing, a high court judge has ruled.”

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The Guardian, 7th March 2013

Source: www.guardian.co.uk

White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374

Posted December 13th, 2012 in illegality, law reports, licensing, local government, planning, ultra vires by sally

White and another v South Derbyshire District Council [2012] EWHC 3495 (Admin); [2012] WLR (D) 374

“A public authority which had acted ultra vires could not rely on the unlawfulness of its own act in order to found a criminal prosecution.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Library closures may be unlawful, says Commons select committee – The Guardian

Posted November 6th, 2012 in illegality, libraries, news, reports, select committees by sally

“A ‘damning’ report into library closures up and down the country has found that councils making plans to shut branches without taking proper account of local needs risk breaking the law.”

Full story

The Guardian, 6th November 2012

Source: www.guardian.co.uk

Child benefit cuts ‘may be illegal’ – Daily Telegraph

Posted October 30th, 2012 in benefits, children, illegality, news by sally

“Cutting child benefit for middle-class parents breaks European laws by discriminating against Britons and is open to legal challenge, ministers have been told.”

Full story

Daily Telegraph, 29th October 2012

Source: www.telegraph.co.uk

Back in the spotlight: the detention of mentally ill asylum seekers – UK Human Rights Blog

Posted October 9th, 2012 in asylum, detention, human rights, illegality, mental health, news, post-traumatic stress disorder by sally

“The High Court has ruled that the failure to consider the continued detention of a mentally ill failed asylum seeker in accordance with immigration policy rendered his detention unlawful in part.”

Full story

UK Human Rights Blog, 9th October 2012

Source: www.ukhumanrightsblog.com

Legality of first Welsh bill challenged at Supreme Court – BBC News

Posted October 9th, 2012 in byelaws, devolution, illegality, legislation, news, Supreme Court, Wales by sally

“The legality of the first bill passed by the Welsh assembly under new law-making powers will be challenged at the Supreme Court by the attorney general.”

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BBC News, 9th October 2012

Source: www.bbc.co.uk

Judge: Government broke benefits law – The Independent

Posted August 7th, 2012 in appeals, benefits, human rights, illegality, news by sally

“The Government broke the law when it stripped an unemployed man of his benefits for six months after he refused to participate in an unpaid back-to-work scheme, the High Court has ruled.”

Full story

The Independent, 7th August 2012

Source: www.independent.co.uk

UK Uncut allowed to challenge Goldman Sachs tax deal – The Guardian

Posted June 14th, 2012 in HM Revenue & Customs, illegality, judicial review, news, public interest, taxation by sally

“An anti tax-avoidance campaign group has won permission from the high courts to have a ‘sweetheart’ deal between HMRC and the banking giant Goldman Sachs judicially reviewed for its legality.”

Full story

The Guardian, 14th June 2012

Source: www.guardian.co.uk

Irrational, inhuman and degrading: detention of a mentally ill asylum-seeker was unlawful – UK Human Rights Blog

Posted April 23rd, 2012 in asylum, detention, false imprisonment, human rights, illegality, mental health, news by sally

“The detention of a mentally ill person in an Immigration Removal Centre (IRC) amounted to inhuman and degrading treatment and false imprisonment, and was irrational, the High Court has ruled.”

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UK Human Rights Blog, 23rd April 2012

Source: www.ukhumanrightsblog.com

Amending Suspended Sentence Orders: Have we been getting it wrong all this time? – Zenith Chambers

Posted March 6th, 2012 in amendments, illegality, news, sentencing, suspended sentences by sally

“The Suspended Sentence Order created by the Criminal Justice Act 2003 has had a relatively straightforward existence, particularly in comparison to some of the other provisions of that much criticised Act.”

Full story (PDF)

Zenith Chambers, 27th February 2012

Source: www.zenithchambers.co.uk

Football League in court fight with HMRC over football creditors’ rule – The Guardian

Posted December 1st, 2011 in debts, illegality, insolvency, news, sport, taxation by sally

“A high court judge has been asked to take action against a football industry debt rule described as revealing ‘the ugly side of the beautiful game’.”

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The Guardian, 30th November 2011

Source: www.guardian.co.uk

Torture guidelines are legal court rules – Daily Telegraph

Posted October 6th, 2011 in illegality, intelligence services, news, torture by sally

“Interrogation guidelines for MI5 and MI6 officers questioning prisoners abroad are lawful the High Court has ruled.”

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Daily Telegraph, 5th October 2011

Source: www.telegraph.co.uk

Criminalising squatters could make more people homeless, says report – The Guardian

Posted July 14th, 2011 in homelessness, housing, illegality, news, squatting by tracey

“The government’s own impact assessment of plans to criminalise squatting has acknowledged that it could boost homelessness and rough sleeping, and target those who are already suffering from mental health and addiction problems.”

Full story

The Guardian, 13th July 2011

Source: www.guardian.co.uk

Air passenger data plans in US-EU agreement are illegal, say lawyers – The Guardian

Posted June 21st, 2011 in airports, data protection, EC law, illegality, news by sally

“The European commission’s own lawyers have warned that a joint US-European agreement to store the personal data, including credit card details, of millions of transatlantic air passengers for 15 years is unlawful.”

Full story

The Guardian, 20th June 2011

Source: www.guardian.co.uk

Copyright law in Britain is ‘crazy’ – Daily Telegraph

Posted April 19th, 2011 in copyright, illegality, news by sally

“Britain needs to radically update its copyright laws, which criminalise millions of consumers who use iPods, according to a leading watchdog.”

Full story

Daily Telegraph, 19th April 2011

Source: www.telegraph.co.uk

Lord Goldsmith questions the MoD’s practices in Iraq – BBC News

Posted September 28th, 2010 in armed forces, attorney general, illegality, Iraq, news, war by sally

“The former Labour government’s top legal adviser during the Iraq war has questioned whether the British military justice system is fit for purpose.”

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BBC News, 27th September 2010

Source: www.bbc.co.uk

Torture guidance does not breach law, says coalition – The Guardian

Posted September 27th, 2010 in disclosure, human rights, illegality, intelligence services, news, torture by sally

“The coalition government appeared to be heading for a clash with the country’s official human rights watchdog today after insisting its newly-published guidance on torture does not breach UK or international law.”

Full story

The Guardian, 27th September 2010

Source: www.guardian.co.uk

Nick Clegg’s ‘illegal’ Iraq war gaffe prompts legal warning – The Guardian

Posted July 22nd, 2010 in illegality, Iraq, news, parliament, war by sally

“Nick Clegg was tonight (21 July) forced to clarify his position on the Iraq war after he stood up at the dispatch box of the House of Commons and pronounced the invasion illegal.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk