Jacob Rowbottom: Laws, Miranda and the Democratic Justification for Expression – UK Constitutional Law Association

Posted February 24th, 2014 in airports, detention, freedom of expression, human rights, media, news, proportionality by sally

‘The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws LJ makes a number of comments about the justifications for freedom of expression and media freedom. While these may not be the most pressing or immediately important issues raised by this particular case, it is worth noting what Laws LJ says at paras [41-46] as he seems to move away from what has been something of an orthodoxy in the British and European jurisprudence – the importance placed on the democratic justification for expression.’

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UK Constitutional Law Association, 22nd February 2014

Source: www.ukconstitutionallaw.org

How to be fair about transfer to Broadmoor – UK Human Rights Blog

‘L, aged 26, was in a medium security hospital for his serious mental health problems. Concerns about his animus towards another patient arose, and the Admissions Panel of Broadmoor (a high security hospital) agreed to his transfer. It did so without allowing his solicitor to attend and without giving him the gist of why his transfer was to be made.’

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UK Human Rights Blog, 23rd February 2014

Source: www.ukhumanrightsblog.com

Couple get married in Britain’s first Scientology wedding – The Independent

Posted February 24th, 2014 in charities, equality, marriage, news, registrars, religious discrimination by sally

‘Scientologists Louisa Hodkin and Alessandro Calcioli won a landmark legal battle to have the Church of Scientology recognised as a “place of meeting for religious worship”.’

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The Independent, 23rd February 2014

Source: www.independent.co.uk

DPP Alison Saunders announces plan to seize more criminal assets hidden abroad – BBC News

‘The director of public prosecutions for England and Wales has unveiled a new drive to clamp down on criminals hiding their assets abroad.’

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BBC News, 24th February 2014

Source: www.bbc.co.uk

Dave Lee Travis retrial decision due – The Guardian

Posted February 24th, 2014 in assault, news, retrials, sexual offences by sally

‘Former BBC Radio 1 DJ Dave Lee Travis will learn on Monday whether he faces a retrial over allegations he sexually assaulted two women.’

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The Guardian, 24th February 2014

Source: www.guardian.co.uk

Magistrates should sit in police stations, report says – BBC News

Posted February 21st, 2014 in courts, magistrates, news, police, reports by sally

‘The government should allow magistrates to dispense on-the-spot justice inside police stations at peak times, a report by a right-leaning think tank has said.’

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BBC News, 21st February 2014

Source: www.bbc.co.uk

What to do if your organisation is the victim of a fraud attack – OUT-LAW.com

Posted February 21st, 2014 in banking, computer crime, disclosure, fraud, news by sally

‘The trial of five people accused of stealing millions of pounds from UK banks using computer technology to access bank accounts has emphasised how vulnerable even the biggest and most secure organisations can be to fraud.’

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OUT-LAW.com, 21st February 2014

Source: www.out-law.com

Rise in cases of harassment – but prosecutions fall – The Independent

Posted February 21st, 2014 in domestic violence, harassment, news, prosecutions, statistics by sally

‘Soaring numbers of harassment cases are never making it to court, The Independent has learnt. The rise is resulting in victims of domestic abuse being systematically let down by police and the Crown Prosecution Service, campaigners have said.’

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The Independent, 20th February 2014

Source: www.independent.co.uk

Most train users unaware of rights, says rail regulator – BBC News

Posted February 21st, 2014 in codes of practice, compensation, consumer protection, news, railways by sally

‘Most train passengers are unaware of their rights to compensation after cancellations or delays, the rail regulator has said.’

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BBC News, 21st February 2014

Source: www.bbc.co.uk

Is it time to rethink a career at the criminal bar? – The Guardian

Posted February 20th, 2014 in barristers, legal profession, news, pupillage by sally

‘Law students have a lot to think about before pursuing a career at the criminal bar.’

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The Guardian, 19th February 2014

Source: www.guardian.co.uk

Historic sex case prosecutions will continue, vows chief prosecutor – The Guardian

Posted February 20th, 2014 in Crown Prosecution Service, news, prosecutions, sexual offences by sally

‘The chief prosecutor of England and Wales has made a robust defence of the decision to prosecute historic sex cases, despite the recent acquittals of celebrities such as Dave Lee Travis and Bill Roache.’

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The Guardian, 20th February 2014

Source: www.guardian.co.uk

Peterborough sex gang jailed for total of 54 years – The Independent

Posted February 20th, 2014 in child abuse, gangs, news, rape, sentencing, sexual grooming, sexual offences, young offenders by sally

‘Members of a child sex gang responsible for raping and sexually abusing girls as young as 12 in Peterborough were jailed at the Old Bailey today.’

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The Independent, 20th February 2014

Source: www.independent.co.uk

Pre-nuptial agreements – legal endorsement round the corner? – Halsbury’s Law Exchange

Posted February 20th, 2014 in divorce, married persons, news, prenuptial agreements by sally

‘The law in respect of pre-nuptial agreements is developing rapidly.

Parties have always been free to make their own agreements or arrangements in the past, but it has been an established truth that you cannot oust the jurisdiction of the court.’

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Halsbury’s Law Exchange, 20th February 2014

Source: www.halsburyslawexchange.co.uk

High Court ruling means that challenges to arbitral awards in court remain difficult if parties have agreed to arbitrate, says expert – OUT-LAW.com

Posted February 20th, 2014 in appeals, arbitration, construction industry, news, tribunals by michael

‘A recent decision by the Technology and Construction division of the High Court has underlined how unlikely it is that a court will interfere with an award made by an arbitration tribunal.’

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OUT-LAW.com, 19th February 2014

Source: www.out-law.com

Whole life appeal – not quite a “victory” over Strasbourg – Halsbury’s Law Exchange

Posted February 20th, 2014 in appeals, human rights, murder, news, sentencing by michael

‘On 18 February 2014, a specially constituted five-judge Court of Appeal (Criminal Division) handed down its judgment in the latest (but not necessarily the last) round of the Westminster vs Strasbourg battle over whole life tariffs. Much has been written already about the effect of the judgment. Some of it of questionable accuracy, quality and usefulness. [ … ] This article will attempt to provide a concise summary of the issues and effect of the judgment.’

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Halsbury’s Law Exchange, 19th February 2014

Souce: www.halsburyslawexchange.co.uk

“Golly Costume” pictures taken down following Advertising Standards Authority ruling – Independent

Posted February 20th, 2014 in advertising, complaints, news, racism by michael

‘Jokers’ Masquerade, a fancy dress online retailer, has been ordered by the Advertising Standards Authority (ASA) to take down the pictures of its “golly” costumes from its website.

The ASA found the depiction of the costume to be racist. It ruled the pictures had to be taken down from the website under rule 4.1 of the Committee of Advertising Practice (CAP) code, which stipulates “marketing communications must not contain anything that is likely to cause serious or widespread offence”.’

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Independent, 19th February 2014

Source: www.independent.co.uk

British couple lose their battle against extradition to the US – Daily Telegraph

Posted February 20th, 2014 in extradition, fraud, money laundering, news by michael

‘A British couple who have lost their High Court fight against extradition to the US over an alleged work expenses fraud have said that the “injustice is too much to bear”.’

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Daily Telegraph, 20th February 2014

Source: www.telegraph.co.uk

Sex claim victims are not money grabbers, says DPP – Daily Telegraph

‘Alison Saunders, the Director of Public Prosecutions, has strongly defended   the prosecutions that have followed the Jimmy Savile scandal and said she intends to keep pursuing such cases.’

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Daily Telegraph, 20th February 2014

Source: www.telegraph.co.uk

C1 bus strangler sentenced to eight years in prison – BBC News

Posted February 20th, 2014 in attempted murder, attempts, closed circuit television, murder, news, sentencing by michael

‘A man who strangled a passenger until he passed out on a crowded bus has been sentenced to eight years in prison.’

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BBC News, 19th February 2014

Source: www.bbc.co.uk

Strasbourg law does not prevent the imposition of whole life orders for “heinous” crimes – UK Human Rights Blog

Posted February 20th, 2014 in appeals, human rights, murder, news, sentencing by michael

‘The Court of Appeal has today [18 February] ruled that judges can continue to impose whole life orders in accordance with Schedule 21 of the Criminal Justice Act 2003. On the facts of two individual cases, the Court increased the sentence of Ian McLoughlin to one of a whole life term for the murder of Graham Buck. The Court dismissed an appeal by Lee Newell against his whole life order for the murder of Subhan Anwar.’

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UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com