news – Page 1260 – Current Awareness

Privacy Rights: How should a court remedy legislative incompatibility with EU law? – UK Human Rights Blog

Posted May 9th, 2018 in declarations of incompatibility, EC law, investigatory powers, news, privacy by sally

‘R (The National Council for Civil Liberties (Liberty)) v Secretary of State for the Home Department & Anor [2018] EWHC 975 (Admin) (27 April 2018). In the first phase of Liberty’s landmark challenge to the Investigatory Powers Act 2016 (“IPA”), Singh LJ and Holgate J sitting as a Divisional Court have granted a declaration that in the area of criminal justice, Part 4 of the Investigatory Powers Act 2016 is, in part, incompatible with EU law. Other parts of Liberty’s challenge to the IPA will be considered at a later date.’

UK Human Rights Blog, 8th May 2018

Source: ukhumanrightsblog.com

Courts revolution may be ‘undeliverable’, spending watchdog warns – Law Society’s Gazette

Posted May 9th, 2018 in budgets, courts, electronic filing, news by sally

‘Spending watchdogs have warned courts chiefs of a real danger that they will fail to complete their digital courts revolution in time and on budget. In a comprehensive progress report published today, the National Audit Office says HM Courts & Tribunals Services faces a “daunting challenge” in meeting target for technological and cultural change.’

Law Society's Gazette, 9th May 2018

Source: www.lawgazette.co.uk

Decision to register playing fields as village green unlawful: judge – Local Government Lawyer

Posted May 9th, 2018 in commons, news, reasons, sport by sally

‘A High Court judge has upheld a legal challenge by a school in Bristol and indicated that he will quash a council committee’s decision to register land as a village green.’

Local Government Lawyer, 4th May 2018

Source: www.localgovernmentlawyer.co.uk

Security guard did not have authority to accept informations: Admin Court – Local Government Lawyer

Posted May 9th, 2018 in informations, news, service by sally

‘A sub-contracted court security officer at a magistrates’ court was not a court officer with implied authority to accept informations that a borough council was endeavouring to serve, the Administrative Court has ruled.’

Local Government Lawyer, 8th May 2018

Source: www.localgovernmentlawyer.co.uk

Government defeats bid to annul legal aid reform as MPs call for more support for criminal Bar – Legal Futures

Posted May 9th, 2018 in barristers, criminal justice, diversity, fees, legal aid, news by sally

‘The government yesterday defeated a Labour attempt to annul the legislation changing the scheme through which criminal defence advocates are paid for carrying out publicly funded work in the Crown Court, which has led to over 100 chambers declining instructions.’

Legal Futures, 9th May 2018

Source: www.legalfutures.co.uk

Civil Liability Bill: Whiplash damages and definition revealed – Law Society’s Gazette

Posted May 9th, 2018 in bills, damages, news, personal injuries, road traffic, select committees by sally

‘Legislators have outlined the tariffs that are likely to apply to whiplash injuries if a bill for fixed figures is passed. In a draft order of the Civil Liability Bill laid before parliament today, the total damages for pain, suffering and loss of amenity payable for injuries lasting less than three months is restricted to £225. That figure rises to £450 for injuries up to six months, and to £765 where the injuries last nine months.’

Law Society's Gazette, 8th May 2018

Source: www.lawgazette.co.uk

JY v RY: An Indictment of the Impact of Legal Aid Cuts – Family Law Week

Posted May 9th, 2018 in budgets, case management, children, domestic violence, family courts, legal aid, litigants in person, news by sally

‘Matthew Richardson, barrister, Coram Chambers explains why a case, described by the judge as “the most unsatisfactory” he has heard and in which ‘had one or both of these parents been represented … probably the outcome would have been very different’, serves as an alarming lesson in just how far our justice system has fallen.’

Family Law Week, 4th May 2018

Source: www.familylawweek.co.uk

Kent and Medway NHS Trust rapped over mental health care – BBC News

Posted May 9th, 2018 in hospitals, mental health, news, reports, suicide by sally

‘A health trust which apologised for its treatment of a suicidal woman has been ordered to take action to protect patients it says are still at risk.’

BBC News, 9th May 2018

Source: www.bbc.co.uk

Care homes firm Sunrise to refund ‘up-front fees’ to residents – BBC News

Posted May 9th, 2018 in care homes, compensation, fees, news by sally

‘Care homes operator Sunrise Senior Living will pay more than £2m in compensation to residents after charging them thousands of pounds in compulsory “up-front fees”. The Competition and Markets Authority (CMA) secured the deal for most people who had paid since 1 October 2015.’

BBC News, 9th May 2018

Source: www.bbc.co.uk

Nine police officers under investigation over death of mentally ill man restrained in custody – The Independent

Posted May 9th, 2018 in death in custody, mental health, news, police, restraint by sally

‘Nine police officers are being investigated over the death of a man who was taken to hospital after being restrained by police.’

The Independent, 9th May 2018

Source: www.independent.co.uk

Scotland Yard suspends forensic scientist amid fears 21 rape cases could be compromised – Daily Telegraph

Posted May 9th, 2018 in forensic science, news, police by sally

‘More than 30 criminal investigations – including 21 rape and sex assault cases – are being urgently reviewed after Scotland Yard admitted one of its forensic scientists could have botched vital examinations.’

Daily Telegraph, 8th May 2018

Source: www.telegraph.co.uk

Cecil Parkinson’s disabled child in ‘financial hardship’ – BBC News

Posted May 9th, 2018 in disabled persons, litigation friends, news, wills by sally

‘The disabled daughter of the late Conservative Party chairman Cecil Parkinson is living in “serious financial hardship”, a court has heard.

The latest hearing was to determine if Sara Keays could make legal decisions on behalf of her 34-year-old daughter.’

BBC News, 8th May 2018

Source: www.bbc.co.uk

Metropolitan Police’s ‘racially discriminatory’ gangs database failing to tackle violence, report finds – The Independent

Posted May 9th, 2018 in gangs, investigatory powers, news, police, race discrimination, violence, young persons by sally

‘Scotland Yard is listing thousands of children and young men on a “racially discriminatory” database that is failing to tackle rising violence in London, a new report has found.’

The Independent, 9th May 2018

Source: www.independent.co.uk

Barristers in England and Wales ‘in grip of mental health crisis’ – The Guardian

Posted May 8th, 2018 in barristers, criminal justice, legal aid, legal profession, mental health, news by sally

‘Criminal barristers are in the grip of a mental health crisis caused by significant increases in the amount of digital evidence, the number of historical sexual assault cases and long hours, the body that represents them has said.’

The Guardian, 6th May 2018

Source: www.theguardian.com

Father who blamed his son for murder he committed jailed for at least 26 years – Daily Telegraph

Posted May 8th, 2018 in families, firearms, murder, news, perverting the course of justice, sentencing, young persons by sally

‘A man who pressured his 14-year-old son to take the blame for a murder he committed has been jailed for at least 26 years.’

Daily Telegraph, 8th May 2018

Source: www.telegraph.co.uk

Vivian Teed: 60 years since last man hanged in Wales – BBC News

Posted May 8th, 2018 in death penalty, news, Wales by sally

‘On the night of Friday 15 November 1957, 24-year-old Vivian Teed broke into the sub-post office in Fforestfach, Swansea.’

BBC News, 6th May 2018

Source: www.bbc.co.uk

Bitcoins and hiding wealth in divorce – Family Law

Posted May 8th, 2018 in cryptocurrencies, divorce, financial provision, internet, news by sally

‘Divorce ends the marriage but does nothing to end the financial arrangements between the parties. If the parties cannot agree these, and as part of court proceedings to determine who gets what, the parties have to provide full and frank disclosure to the other of their entire financial means. This procedure allows the parties to be open and transparent about the extent of the assets in the marriage. There could be a situation arising whereby a party seeks to hide their wealth but evidence provided with disclosure such as bank statements in paper form provides a paper trail and this makes for the hiding of cash movements very difficult. But what if that party holds Bitcoins or other crypto-currencies?’

Family Law, 4th May 2018

Source: www.familylaw.co.uk

Child slavery victim sues Home Office after sexual assault at Morton Hall – The Guardian

Posted May 8th, 2018 in child abuse, detention, duty of care, government departments, immigration, news, trafficking in human beings, victims by sally

‘A Vietnamese victim of child slavery has launched legal proceedings against the government after he was sexually assaulted at Morton Hall immigration removal centre, the Guardian can reveal.’

The Guardian, 7th May 2018

Source: www.theguardian.com

Female police officer sues Met for £200,000 after having to watch 100 child rape videos – Daily Telegraph

Posted May 8th, 2018 in child abuse, damages, news, police, post-traumatic stress disorder, psychiatric damage, rape, video recordings by sally

‘A policewoman is suing the Metropolitan Police for £200,000, in what is thought to be the first case of its kind, after having to watch 100 child abuse videos.’

Daily Telegraph, 6th May 2018

Source: www.telegraph.co.uk

Information Commissioner consults on draft Regulatory Action Policy – Local Government Lawyer

Posted May 8th, 2018 in bills, consultations, data protection, news by sally

‘The Information Commissioner’s Office (ICO) has launched a consultation on the way it plans to regulate new data protection laws.’

Local Government Lawyer, 4th May 2018

Source: www.localgovernmentlawyer.co.uk

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