Philip Murray: Natural Justice at the Boundaries of Public Law – UK Constitutional Law Group

Posted November 21st, 2013 in civil justice, constitutional law, contracts, news by sally

“The intention of this post is a simple one: to assess the ways in which natural justice arguments have historically been raised in private law proceedings. By ‘natural justice’ I mean those common law principles requiring a fair procedure and an unbiased tribunal when powers are exercised. Ordinarily, of course, natural justice arguments arise in judicial review proceedings against public bodies in the Administrative Court or Upper Tribunal, usually when those bodies are exercising a statutory power. But to what extent can it be argued that a private body, in its private relations with private individuals, has acted unlawfully by making decisions in a procedurally unfair manner?”

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UK Constitutional Law Group, 21st November 2013

Source: www.ukconstitutionallaw.org

Private eyes convicted over ‘blagging’ personal data – BBC News

Posted November 21st, 2013 in conspiracy, data protection, news, privacy, private investigators by sally

“Two private investigators who tricked GP surgeries and utility firms into revealing people’s private details have been convicted of breaking data laws.”

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BBC News, 20th November 2013

Source: www.bbc.co.uk

Mark Elliott: Where next for the Wednesbury principle? A brief response to Lord Carnwath – UK Constitutional Law Group

Posted November 21st, 2013 in constitutional law, judges, judicial review, news, speeches by sally

“In his recent annual lecture to the Constitutional and Administrative Law Bar Association, Lord Carnwath spoke to the title: ‘From judicial outrage to sliding scales—where next for Wednesbury?’ In this post, I outline some of the key points made in the lecture and offer some critical commentary on the approach to substantive judicial review commended by Carnwath.”

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UK Constitutional Law Group, 20th November 2013

Source: www.ukconstitutionallaw.org

Lie tests to be given to sex offenders – Daily Telegraph

Posted November 21st, 2013 in bail, lie detectors, news, police, probation, sexual offences by sally

“Sex offenders will be offered lie detector tests to help police assess the risk they pose to the public when released.”

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Daily Telegraph, 20th November 2013

Source: www.telegraph.co.uk

Defamation law reforms to take effect from the start of 2014 – OUT-LAW.com

Posted November 21st, 2013 in defamation, defences, freedom of expression, legislation, news, publishing, regulations by sally

“Changes to UK defamation laws will come into force on 1 January 2014, the Justice Minister has announced.”

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OUT-LAW.com, 20th November 2013

Source: www.out-law.com

Marine “A” and the sentencing of battlefield executions – Halsbury’s Law Exchange

Posted November 21st, 2013 in armed forces, courts martial, murder, news, sentencing, war by sally

“In early November 2013, Marine A (as he is known) was convicted by a court martial of murdering a badly wounded Taliban insurgent by shooting him in the chest.”

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Halsbury’s Law Exchange, 20th November 2013

Source: www.halsburyslawexchange.co.uk

Jamie Kightley death trial: Parents found guilty – BBC News

Posted November 21st, 2013 in causing death of children or vulnerable adults, child abuse, murder, news by sally

“A couple have been found guilty of causing or allowing the death of their seven-week-old son.”

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BBC News, 20th November 2013

Source: www.bbc.co.uk

Teenager accused of planning repeat Columbine massacre faces retrial – The Independent

Posted November 20th, 2013 in explosives, learning difficulties, news, retrials, terrorism, weapons, young persons by sally

“A teenager accused of planning a ‘Columbine-style’ attack on his former school will face a re-trial after an Old Bailey jury were unable to reach verdicts on two terrorism charges.”

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The Independent, 20th November 2013

Source: www.independent.co.uk

Critics of legal aid cuts force Law Society vote – The Guardian

Posted November 20th, 2013 in budgets, consultations, Law Society, legal aid, news, solicitors by sally

“Solicitors opposed to government cuts in criminal legal aid have forced an emergency meeting of the Law Society to consider a no confidence motion in the profession’s leadership.”

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The Guardian, 19th November 2013

Source: www.guardian.co.uk

Guantanamo’s last UK inmate Shaker Aamer speaks from cell – BBC News

Posted November 20th, 2013 in Afghanistan, detention, media, news, terrorism by sally

“The last British resident being held in Guantanamo Bay has been broadcast speaking from his prison cell for the first time.”

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BBC News, 19th November 2013

Source: www.bbc.co.uk

Council makes £1,500 payout after failure to tackle anti-social behaviour – Local Government Lawyer

“A city council has agreed to pay a resident £1,500 after a series of errors meant she was forced to suffer anti-social behaviour from a neighbour for more than two years.”

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Local Government Lawyer, 19th November 2013

Source: www.localgovernmentlawyer.co.uk

Dying asylum seeker on hunger strike must stay in custody, says high court – The Guardian

Posted November 20th, 2013 in asylum, demonstrations, deportation, detention, immigration, news by sally

“A failed asylum seeker said to be near death following an 85-day hunger strike in protest at his detention must remain in custody, the high court ruled on Tuesday.”

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The Guardian, 19th November 2013

Source: www.guardian.co.uk

Midwife ‘failed’ four-day-old baby left in cupboard – BBC News

Posted November 20th, 2013 in children, employment tribunals, midwives, news, professional conduct by sally

“A midwife who left a baby face down in a stationery cupboard was guilty of failing to provide appropriate clinical care, a tribunal has ruled.”

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BBC News, 19th November 2013

Source: www.bbc.co.uk

Emma Way: Driver in #bloodycyclists Twitter storm convicted after knocking cyclist off bike – The Independent

“A 22-year-old woman who posted about ‘bloody cyclists’ on Twitter hours after knocking a cyclist off his bike has been convicted of failing to stop and failing to report an accident, but cleared of driving without due care and attention at Norfolk Magistrates Court today.”

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The Independent, 19th November 2013

Source: www.independent.co.uk

TV gambling ads have risen 600% since law change – The Guardian

Posted November 20th, 2013 in advertising, gambling, news, statistics by sally

“The number of gambling commercials on British TV has rocketed from 234,000 a year to nearly 1.4m annually since the deregulation of the sector six years ago, according to new research.”

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The Guardian, 19th November 2013

Source: www.guardian.co.uk

Inheritance Act Claims – Delay at your Peril – Zenith Chambers

Posted November 19th, 2013 in appeals, delay, divorce, news, time limits, wills by sally

“Nicola Phillipson, Zenith Chambers, examines the case of Berger v Berger where the Court of Appeal refused permission to the appellant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 almost six years out of time.”

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Zenith Chambers, 5th November 2013

Source: www.zenithchambers.co.uk

Boys will be boys…. But you can’t sue the school for it by Elliot Kay – Zenith Chambers

Posted November 19th, 2013 in appeals, children, education, news, personal injuries, school children by sally

“On 9th June 2010, Lewis Pierce, a 9 year old schoolboy at the time, was playing with his younger brother George in their school playground. There was a metal water fountain fixed to the external wall of the school which could be accessed from the playground. In the course of play George sprayed his elder brother with water from the fountain, causing Lewis to swing a punch at George. George was able to evade the punch but as a result Lewis connected with the water fountain, causing lacerations to his right thumb and damage to his tendons. Lewis made a good recovery from the injuries sustained.”

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Zenith Chambers, 28th October 2013

Source: www.zenithchambers.co.uk

Dress Codes And Discrimination Claims – No. 5 Chambers

“Dress codes in the workplace are not uncommon. Most Employers have a certain standard of dress in the workplace, whether enforced through contractual terms or through customary practices. More recently, we have seen informal advice given by senior solicitors to new female recruits at Berwin Leighton. The advice was addressed specifically at women.”

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No. 5 Chambers, 7th November 2013

Source: www.no5.com

The “bedroom tax” and human rights – Hardwicke Chambers

“At a time when Theresa May has declared that a future Conservative Government would repeal the Human Rights Act 1998 (‘the Act’) and the Justice Secretary, Chris Grayling, is leading a review of the UK’s relationship with the European Court on Human Rights, it is heartening that the judiciary is prepared to apply the Act in a manner which, surely, will attract widespread public support.”

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Hardwicke Chambers, 8th November 2013

Source: www.hardwicke.co.uk

Consent orders and school exclusions – Hardwicke Chambers

Posted November 19th, 2013 in appeals, consent orders, education, news, school exclusions by sally

“Perhaps I ought to start with a confession: there isn’t really any such thing as a ‘consent order’ when it comes to school exclusion hearings. But what is the correct approach to take when all of the parties involved in a school exclusion case agree on what their desired outcome is? The Administrative Court has given some helpful guidance in its recent decision of SA v London Borough of Camden Independent Appeal Panel and H School [2013] EWHC 3152 (Admin).”

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Hardwicke Chambers, 8th November 2013

Source: www.hardwicke.co.uk