Personal consultation with solicitor must be offered before terror questioning, rules High Court – UK Human Rights Blog

‘Elosta v Commissioner of Police for the Metropolis [2013] EWHC 3397.
The High Court has held that a person detained for questioning under the Terrorism Act 2000 is entitled to consult with a solicitor in person prior to answering questions.’

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UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

Expensive choices – NearlyLegal

Posted November 25th, 2013 in homelessness, housing, judicial review, local government, news, rent by sally

‘One of a couple of cases on intentional homelessness and affordability of accommodation.’

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Allocation, Allocation, Allocation – NearlyLegal

‘Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.”

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Judicial review proceedings may not be terminated by the government – Court of Appeal – UK Human Rights Blog

‘Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498. A certificate issued by the Home Secretary under Section 2 C of the Special Immigration Appeals Commission Act 1997 (the “1997 Act”), as inserted by Section 15 of the Justice and Security Act 2013 (“the 2013 Act”), did not terminate existing judicial review proceedings in relation to an exclusion direction which had been certified.’

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UK Human Rights Blog, 22nd November 2013

Source: www.ukhumanrightsblog.com

When is an advert “political” for the purposes of a ban under the Communications Act? – UK Human Rights Blog

Posted November 25th, 2013 in advertising, Christianity, freedom of expression, human rights, media, news by sally

‘R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre (Respondent) & Secretary of State for Culture, Media and Sport (Interested Party) [2013] EWCA Civ 1495.The ban on Christian Radio’s proposed advert seeking data on the “marginalisation of Christians” in the workplace was lawful and did not constitute an interference with free speech, the Court of Appeal has ruled. When determining whether a radio or television advertisement was “political” fur the purposes of Section 321(2)(b) of the Communications Act 2003 the court should consider the text objectively; the motives of the advertiser were irrelevant.’

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UK Human Rights Blog, 21st November 2013

Source: www.ukhumanrightsblog.com

APPGER in the Upper Tribunal – Panopticon

Posted November 25th, 2013 in appeals, freedom of information, human rights, news, rendition, tribunals by sally

‘The Upper Tribunal has finally handed down its judgment in All Party Parliamentary Group on Extraordinary Rendition v IC & Foreign and Commonwealth Office [2013] UKUT 560 (AAC). It is a judgment of Charles and Burnett JJ and Judge Wikeley. The appeal was from an FTT judgment which is analysed in detail by Rachel Kamm here. That post also contains the background to the case. In essence, the request was made by the APPGER for information relating to the participation of the UK in the practice of extraordinary rendition.’

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Panopticon, 22nd November 2013

Source: www.panopticonblog.com

Rivals can create copycat software through testing developers’ software and interpreting their user manuals, rules UK court – OUT-LAW.com

Posted November 25th, 2013 in appeals, computer programs, copyright, news by sally

‘Businesses can replicate the way a rivals’ computer program operates by interpreting how it functions from reading user manuals or other accompanying documents their rivals produce without infringing copyright, the Court of Appeal has ruled.’

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OUT-LAW.com, 22nd November 2013

Source: www.out-law.com

Re-brand of imported drugs under locally used trade mark not justified, rules High Court – OUT-LAW.com

Posted November 25th, 2013 in medicines, news, trade marks by sally

‘A drugs distributor was not justified in changing the name of products it had imported from France and Germany to sell into the UK to that of a rivals’ trade mark, the High Court has ruled.’

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OUT-LAW.com, 25th November 2013

Source: www.out-law.com

Children and Intentional Homelessness – NearlyLegal

Posted November 25th, 2013 in children, homelessness, housing, judicial review, local government, news, rent by sally

‘Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013. What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare of children have a bearing on decisions on intentional homelessness under Housing Act 1996? While this case provides a partial answer, it was not, I think, a great case on the facts for testing the interplay of the Acts.’

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

More children and housing duties – NearlyLegal

Posted November 25th, 2013 in appeals, children, disabled persons, housing, judicial review, local government, news by sally

‘This was an an application for permission to appeal a judicial review decision on the interrelation of s.17 Children Act 1989, s.11 Children Act 2004 and the Housing Act 1996 parts 6 and 7.’

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Criminal bar ‘slowly being destroyed’, says judge – Law Society’s Gazette

Posted November 25th, 2013 in barristers, budgets, criminal justice, legal aid, news by sally

‘Dispensing justice will become “impossible” if the “erosion” of the criminal bar continues, a Crown court judge warned at the end of a multi-million-pound drugs and firearms trial.’

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Law Society’s Gazette, 23rd November 2013

Source: www.lawgazette.co.uk

Are the Alarm Bells Ringing? Identifying a potential Hague Convention case and responding appropriately – Family Law Week

Posted November 25th, 2013 in child abduction, conflict of laws, foreign jurisdictions, news by sally

‘Mandeep Gill, associate solicitor with The International Family Law Group LLP, considers the recent cautionary reminder given by Mr Justice Bodey that all practitioners must be able to identify whether there are potential Hague Convention implications in any children case with an international element.’

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Family Law week, 22nd November 2013

Source:  www.familylawweek.co.uk

Street performers mount legal challenge against Camden council’s decision to licence busking – The Independent

Posted November 25th, 2013 in licensing, local government, London, news, performing arts by sally

‘Camden council’s decision to licence busking across the borough faces a legal challenge from the Association of Street Artists and Performers.’

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The Independent, 22nd November 2013

Source: www.independent.co.uk

Treasury inquiry announced into Co-op Bank turmoil as Paul Flowers bailed – The Independent

Posted November 25th, 2013 in banking, drug offences, inquiries, news by sally

‘An independent Treasury inquiry into the turmoil at the Co-operative Bank, including the appointment of Paul Flowers as its chairman, was announced tonight by Chancellor George Osborne.’

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The Independent, 22nd November 2013

Source: www.independent.co.uk

Former Met police chief calls for more local ‘bobbies on the beat’ – The Guardian

Posted November 25th, 2013 in crime prevention, news, police by sally

‘Lord Stevens says frontline officers should do more than just react to criminality and must be more visible and proactive in communities.’

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The Guardian, 24th November 2013

Source: www.guardian.co.uk

MoD pays out £100,000 to female RAF recruits injured from marching in step with the men – The Independent

Posted November 25th, 2013 in armed forces, compensation, news, personal injuries, women by sally

‘Three female RAF recruits have each been given £100,000 by the Ministry of Defence after incurring injuries from marching in step with their male colleagues.’

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The Independent, 24th November 2013

Source: www.independent.co.uk

Tenerife killer’s Glan Clwyd Hospital care faces inquiry – BBC News

Posted November 25th, 2013 in dangerous driving, hospitals, inquiries, mental health, news by sally

‘An inquiry is to be held into how a man with paranoid schizophrenia was released from a Denbighshire hospital only to murder a woman in Tenerife.’

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BBC News, 25th November 2013

Source: www.bbc.co.uk

Violent history of partners to be disclosed as Clare’s Law rolled out nationwide – Daily Telegraph

Posted November 25th, 2013 in criminal records, disclosure, domestic violence, news, police by sally

‘A pilot scheme to protect women from violent partners, known as Clare’s Law, is to be rolled out nationwide. Theresa May, the Home Secretary, is expected to announce the full implementation of the law which forces police to disclose details of a person’s violent past if their partner requests it.’

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Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk

Water sports firm pleads guilty to Mari-Simon Cronje death charge – BBC News

Posted November 22nd, 2013 in corporate manslaughter, guilty pleas, health & safety, news, sport by sally

‘A water sports centre has pleaded guilty to corporate manslaughter after an 11-year-old girl died after falling from an inflatable banana boat ride.’

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BBC News, 22nd November 2013

Source: www.bbc.co.uk

Fairwater High teacher Rachel Speed jailed over sex with pupil – BBC News

Posted November 22nd, 2013 in news, school children, sentencing, sexual offences, teachers by sally

‘A teacher has been jailed for two years after a secret four-year relationship with a 14-year-old female pupil.’

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BBC News, 22nd November 2013

Source: www.bbc.co.uk