McGowan v B – WLR Daily

Posted November 25th, 2011 in human rights, law reports, legal representation, news, police interviews by sally

McGowan v B [2011] UKSC 54; [2011] WLR (D) 339

“There was no rule of the European Court of Human Rights that a suspect in police custody could only waive his right of access to legal advice before and during police questioning if he had first received legal advice as to whether he should do so.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

Boy, 14, found with guns let free because law says he is not a danger – Daily Telegraph

Posted November 25th, 2011 in firearms, news, rehabilitation, sentencing, young offenders by sally

“A 14-year-old boy caught with two handguns and live ammunition has walked from court after a judge said he could not impose a custodial sentence because Parliament had ‘tied his hands’.”

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Daily Telegraph, 25th November 2011

Source: www.telegraph.co.uk

Bratza bites back – UK Human Rights Blog

Posted November 25th, 2011 in human rights, judiciary, news by sally

“I had intended to entitle this post ‘Bratza goes ballistic’ which would, for reasons I will explain, have been unfair. However, as reported by guardian.co.uk, the new British president of the European Court of Human Rights has pushed back strongly against ‘vitriolic and – I am afraid to say, xenophobic – fury’ of the reaction to recent rulings by the UK government and press, which he says is ‘unprecedented in my experience, as someone who has been involved with the Convention system for over 40 years.'”

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UK Human Rights Blog, 25th November 2011

Source: www.ukhumanrightsblog.com

Courts should be allowed to turn down US extradition requests, MPs say – Daily Telegraph

Posted November 25th, 2011 in extradition, news by sally

“Courts should be able to use their discretion to refuse extradition requests from the United States and European countries, MPs have been told.”

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Daily Telegraph, 24th November 2011

Source: www.telegraph.co.uk

MoD’s resistance to human rights in Iraq blamed for death of Baha Mousa – The Guardian

Posted November 25th, 2011 in armed forces, assault, detention, human rights, Iraq, news by sally

“The army’s former chief legal adviser in Iraq has accused the Ministry of Defence of moral ambivalence and a cultural resistance to human rights that allowed British troops to abuse detainees and beat the Basra hotel worker Baha Mousa to death.”

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The Guardian, 24th November 2011

Source: www.guardian.co.uk

CPS has not seen all US evidence against Babar Ahmad – The Independent

Posted November 25th, 2011 in Crown Prosecution Service, deportation, evidence, news, terrorism by sally

“The Crown Prosecution Service has admitted it has never seen much of the evidence prosecutors are using against Babar Ahmad, who has spent seven years in prison, Green MP Caroline Lucas has revealed.”

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The Independent, 25th November 2011

Source: www.independent.co.uk

Network Rail faces legal action over deaths of teenage girls – The Guardian

Posted November 25th, 2011 in health & safety, news, prosecutions, railways by sally

“Network Rail is to be prosecuted over the deaths of two teenagers at a level crossing, the father of one of the girls has said.”

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The Guardian, 25th November 2011

Source: www.guardian.co.uk

Man films dancing stepmother in Truro Crown Court – BBC News

Posted November 24th, 2011 in contempt of court, courts, news, video recordings by sally

“A man who posted video on the internet of his stepmother dancing on seats in the lobby of a court in Cornwall has apologised to a judge.”

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BBC News, 24th November 2011

Source: www.bbc.co.uk

Courts cannot force ISPs into broad filtering and monitoring for copyright-infringing traffic, ECJ rules – OUT-LAW.com

Posted November 24th, 2011 in data protection, EC law, intellectual property, internet, news, privacy by sally

“Court injunctions that force internet service providers (ISPs) to filter and monitor user traffic in order to prevent illegal file-sharing are contrary to EU law and fundamental rights, the European Court of Justice (ECJ) has said.”

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OUT-LAW.com, 24th November 2011

Source: www.out-law.com

London riots: IPCC responds to recent Duggan press reports – BBC News

Posted November 24th, 2011 in complaints, media, news, police, violent disorder by sally

“The police watchdog has said it was ‘disappointing’ members of a panel set up to oversee its inquiry into Mark Duggan’s shooting recently quit.”

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BBC News, 24th November 2011

Source: www.bbc.co.uk

Reduced consultation periods and overhauled tribunal system proposed as part of ‘radical’ employment law changes – OUT-LAW.com

Posted November 24th, 2011 in consultations, employment tribunals, news, redundancy, unfair dismissal by sally

“The 90 day minimum consultation period for collective redundancies may be restricting business and could be reduced as part of the most radical reform to employment law for decades, the Government has said.”

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OUT-LAW.com, 24th November 2011

Source: www.out-law.com

Voluntary code & membership body launched for third party litigation funders – Legal Week

Posted November 24th, 2011 in codes of practice, costs, fees, news, third parties by sally

“A new code of conduct and central membership body for third party litigation funders has been launched in response to the increasing number of suppliers in the market.”

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Legal Week, 24th November 2011

Source: www.legalweek.com

Crown Prosecution Service fees – The Bar Council

Posted November 24th, 2011 in barristers, consultations, Crown Prosecution Service, fees, news by sally

“The Bar Council invites criminal barristers to submit their views on the Crown Prosecution Service (CPS) Graduated Fee Scheme. A representative group from the Bar has been engaged in discussions with the CPS, and soundings have been taken on these proposals from across the Circuits. Click here to read a document from the Bar Council setting out the details of those discussions.”

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The Bar Council, 23rd November 2011

Source: www.barcouncil.org.uk

Successful challenge to library closures: lip service not enough for equality duties – Shaheen Rahman – UK Human Rights Blog

Posted November 24th, 2011 in judicial review, libraries, news by sally

“In the administrative court, the decisions of two local authorities to withdraw funding for library services were held to be unlawful.”

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UK Human Rights Blog, 24th November 2011

Source: www.ukhumanrightsblog.com

Société Générale sues Mail on Sunday – The Guardian

Posted November 24th, 2011 in banking, defamation, media, news by sally

“One of Europe’s largest banks, Société Générale, has begun defamation proceedings against Associated Newspapers over a Mail on Sunday article which falsely claimed the bank was in a ‘perilous’ state and on the ‘brink of disaster’.”

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The Guardian, 23rd November 2011

Source: www.guardian.co.uk

Bar aptitude pilot a success – Law Society’s Gazette

Posted November 24th, 2011 in barristers, examinations, legal education, news, reports by sally

“A proposed aptitude test for bar students could accurately identify individuals who would do well in their courses, according to pilot studies. The Bar Standards Board proposed the test for students applying for the bar professional training course following the 2008 Wood review.”

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Law Society’s Gazette, 24th November 2011

Source: www.lawgazette.co.uk

Local authorities report more than 1000 personal data breaches in last three years – OUT-LAW.com

“Local authorities in the UK have collectively lost personal data on at least 1035 occasions in the past three years, a privacy group has said.”

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OUT-LAW.com, 24th November 2011

Source: www.out-law.com

UK court systems set to adopt judiciary.uk domain names – BBC News

Posted November 24th, 2011 in courts, internet, news by sally

“England and Wales’s judicial system are to change their websites so that they end with the domain name judiciary.uk.”

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BBC News, 23rd November 2011

Source: www.bbc.co.uk

European judge slams UK ‘xenophobia’ – The Guardian

Posted November 24th, 2011 in human rights, judges, news, parliament by sally

“Europe’s most powerful judge has publicly complained about ‘senior members’ of the UK government fostering hostility towards the European Convention on Human Rights.”

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The Guardian, 23rd November 2011

Source: www.guardian.co.uk

Bradford judge praises four-year-old for attack evidence – BBC News

Posted November 24th, 2011 in children, grievous bodily harm, news, sentencing, witnesses by sally

“A judge has praised the courage of a four-year-old boy for giving evidence in a trial which led to his ‘vicious’ attacker being jailed for 13 years.”

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BBC News, 23rd November 2011

Source: www.bbc.co.uk