Legal Academics: Forgotten Players or Interlopers? – The Hon. Mr Justice Beatson
Legal Academics: Forgotten Players or Interlopers? (PDF)
The Hon. Mr Justice Beatson
Inner Temple Reader’s Lecture Series, November 2012
Source: www.innertemple.org.uk
Category: judgments
Admission of hearsay evidence: the six principle questions – Halsbury’s Law Exchange
“In R v Riat the Court of Appeal provided valuable guidance concerning the approach that the domestic courts should adopt when hearsay evidence is tendered in criminal proceedings.”
Halsbury’s Law Exchange, 26th November 2012
Source: www.halsburyslawexchange.co.uk
No Judgment – No Justice – Lord Neuberger
No Judgment – No Justice (PDF)
Lord Neuberger
The First Annual BAILII Lecture, 20th November 2012
Source: www.supremecourt.gov.uk
The dissenting voices in Rahmatullah: no time for political sensitivities – UK Human Rights Blog
“Only a few weeks after giving the Birkenhead lecture entitled ‘Dissenting judgments – self indulgence or self sacrifice?’ (See David Hart QC’s previous post), Lord Kerr delivered the leading judgment of the Supreme Court in the case of Rahmatullah. Given that the issue of a man’s liberty was at stake, it could be no real surprise for Lord Kerr or anyone else that there were two dissenting judgments in the cross-appeal provided by Lord Carnwath and Lady Hale. They made clear that in their view the UK should have done more to secure the release of detainee Yunis Rahmatullah and in doing so raised questions as to the proper limits of judicial intervention into the ‘forbidden area’ of foreign policy.”
UK Human Rights Blog, 3rd November 2012
Source: www.ukhumanrightsblog.com
Blow to Sarah’s Law as judges rule paedophiles’ human rights should be considered – Daily Telegraph
“A High Court ruling said paedophiles should be allowed to make representations before their details are revealed to members of the public.”
Daily Telegraph, 24th October 2012
Source: www.telegraph.co.uk
Disclosure of sex offender information – new high court judgment – Panopticon
“The High Court has today handed down an important judgment on the legality of the Government’s Child Sex Offender Disclosure Scheme (CSOD): X(South Yorkshire) v Secretary of State for the Home Department [2012] EWHC 2954 (Admin). CSOD is a non statutory scheme which police forces nationally have been free to adopt since 2010. It enables members of the public to ask the police to provide details of a person who has some form of contact with children with a view to ascertaining whether that person had convictions for sexual offences against children or whether there is other relevant information about him or her which ought to be made available.”
Panopticon, 24th October 2012
Source: www.panopticonblog.com
Why we allow dissent – by our judges – UK Human Rights Blog
“Why do judges disagree and publish their disagreements when cases get decided? After all, the Cabinet does not do so (openly at least), and our FTSE-100 companies do not generally do so, when their executives propose a merger or launch a new product. Surely, judicial dissent is a recipe for diminishing the authority of the majority answer, and an invitation to self-indulgence on the part of the minority to re-fight lost and irrelevant battles.”
UK Human Rights Blog, 14th October 2012
Source: www.ukhumanrightsblog.com
Is the UK listening to the European Court of Human Rights? – UK Human Rights Blog
“The Ministry of Justice has published its annual report to the Joint Committee on Human Rights on the Government response to human rights judgments 2011–12. By signing up to the European Convention on Human Rights, the UK has committed to ‘abide by’ judgments of the court. This commitment is monitored by the Council of Europe’s Committee of Ministers. The report presents a snapshot of the current state of play in relation to the European Court of Human Rights, makes for very interesting reading (trust me!). Here are some tidbits.”
UK Human Rights Blog, 12th September 2012
Source: www.ukhumanrightsblog.com
Alvi judgement – how to handle cases – UK Border Agency
“Guidance for caseworkers on deciding applications, responding to legal challenges and reconsideration requests.”
UK Border Agency, 7th September 2012
Source: www.ukba.homeoffice.gov.uk
In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) – WLR Daily
“In respect of split hearings in family proceedings, the judge did not have a general licence to amend his judgment as to past fact at any time before he had pronounced his judgment as to the future. In the interim period between judgment on a preliminary issue trial and the hearing of the second trial, a judge was precluded from taking account of developments relating to the findings on the preliminary issue trial unless they were substantial, if not fundamental. Where a judge was invited to expand his findings or reasons in further support of the stated conclusions in his judgment, he could not reverse his previously stated conclusion.”
WLR Daily, 18th July 2012
Source: www.iclr.co.uk
The air that we breathe: NGO’s appeal dismissed – UK Human Rights Blog
“A newsflash, really, confirming that ClientEarth’s claim for a declaration and mandatory order against Defra in respect of air pollution was refused by the Court of Appeal, in line with the judgment below. And the lack of a link to the CA’s judgment because it is not available, I imagine, because the judgment was extempore, and it is being transcribed at the moment. Sadly, that does not necessarily mean it gets onto the public access site, Bailli, in due course: the first instance decision still languishes on subscription-only sites. So all I know is that ClientEarth’s appeal did not find favour with Laws and Pitchford LJJ, sitting with Sir John Chadwick, but this, as ClientEarth explains, may not be the end of the line.”
UK Human Rights Blog, 5th June 2012
Source: www.ukhumanrightsblog.com
Julian Assange’s extradition stayed thanks to quick legal footwork – The Guardian
“Dinah Rose QC buys her client another two weeks – much to the supreme court’s embarrassment.”
The Guardian, 30th May 2012
Source: www.guardian.co.uk
Courtroom cameras ‘risk turning trials into a circus’ – The Independent
“Plans to allow cameras into courtrooms would risk turning trials into media circuses and could jeopardise defendants’ safety, ministers were warned last night by a leading solicitor.”
The Independent, 29th March 2012
Source: www.independent.co.uk
Lord Neuberger’s seven principles empower judges to speak – The Guardian
“What should judges be able say outside the courts? One of the most senior judges, Lord Neuberger, has proposed some principles for ‘extra-judicial’ statements. These are likely to shape judicial contributions to public debate for some time to come, but do they go far enough?”
The Guardian, 16th March 2012
Source: www.guardian.co.uk
Judges issue guidelines for consideration of human trafficking – The Independent
“The ‘evil’ crime of trafficking in human beings was highlighted by leading judges today.”
The Independent, 20th February 2012
Source: www.independent.co.uk
Judgment reserved in Twitter airport threat appeal – The Guardian
“Two senior judges have retired to consider whether a Twitter message threatening to blow up a snowbound Doncaster airport was a joke or a menace to society.”
The Guardian, 8th February 2012
Source: www.guardian.co.uk
Are some rights to private life just not cricket? – Legal Week
“Given previous poor reporting of human rights cases, alarm bells began to ring when the Sunday Telegraph recently reported student Abdullah Munawar’s appeal on human rights grounds against a refusal to grant him leave to stay in the UK, citing his playing cricket as a reason he had a private life under Article 8 of the European Convention on Human Rights.”
Legal Week, 10th January 2012
Source: www.legalweek.com
Cases in point – The Lawyer
“The top cases of 2011 show why London is still the centre of the litigation world – and why it is likely to stay that way.”
The Lawyer, 9th January 2012
Source: www.thelawyer.com
Designated Officer for Sunderland Magistrates Court v Krager and another – WLR Daily
“The Crown Court did not have exclusive jurisdiction in relation to all aspects of the enforcement of confiscation orders.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
In re A (Children) (Judgment: Adequacy of Trial Judge’s Reasoning) – WLR Daily
“The Court of Appeal gave guidance as to the practice to be adopted where there was concern about the adequacy of a trial judge’s reasoning, when adjourning, part heard, an appeal by the mother of two children, A and L, against the decision of Judge Compston, sitting as a judge of the Family Division on 27 May 2011, as to the adequacy of his judgment on a fact finding hearing in ongoing care proceedings relating to the children, and inviting the judge to provide such further reasons on particular matters as he might think appropriate by way of elucidation, clarification, elaboration or otherwise of his judgment.”
WLR Daily, 27th October 2011
Source: www.iclr.co.uk
