Britain faces UN tribunal over Chagos Islands marine reserve – The Guardian

“Britain’s colonial-era decision to sever an Indian Ocean archipelago from Mauritius and turn it into a US military base will have to be justified before an international tribunal – a process that could lead to the return of the islands’ exiled inhabitants.”

Full story

The Guardian, 28th January 2013

Source: www.guardian.co.uk

Lawyers on the line: high-speed rail plan faces 10-year delay – The Independent

Posted January 29th, 2013 in consultations, delay, judicial review, news, planning, railways by sally

“Britain’s HS2 high-speed rail line could be delayed for a decade as a unified coalition of Conservative councils, MPs and environmental groups threaten disruptive legal action.”

Full story

The Independent, 28th January 2013

Source: www.independent.co.uk

Mark Duggan inquest could be shown live over the internet – The Guardian

Posted January 29th, 2013 in complaints, inquests, juries, media, news, police by sally

“Judicial officials are considering plans to stream the inquest into the police shooting of Mark Duggan live over the internet.”

Full story

The Guardian, 28th January 2013

Source: www.guardian.co.uk

Deferred Prosecution Agreements – Sir Anthony Hooper, Former Lord Justice of Appeal – Fulcrum Chambers

Posted January 29th, 2013 in bribery, company law, deferred prosecution agreements, negligence, news, penalties by sally

“Since the early 90s US prosecuting authorities have been using deferred prosecution agreements. They are said to raise about $2.5bn a year in penalties, often in respect of criminal activities with little connection to the US. A deferred prosecution agreements involves the filing in court of agreed charges against a corporation, subject to a condition that the charges will not be pursued if the corporation complies with the often stringent terms of the agreement for a specified period. Such terms will include the payment of substantial sums to reflect broadly the fine that would have been paid had the corporation pleaded guilty and to reflect the confiscation and compensation regimes. Corporations are likely also to have to agree to the appointment of a monitor to ensure their adherence to proper standards of behaviour.”

Full story

Fulcrum Chambers, January 2013

Source: www.fulcrumchambers.com

Baby P Sun libel case: social worker could recover legal costs – The Guardian

Posted January 28th, 2013 in budgets, costs, defamation, news by sally

“A social worker involved in the Baby P scandal who was facing a £300,000 shortfall in her legal bill following a successful libel action against the Sun has been told she now has a chance of recovering her costs following a landmark court of appeal judgment.”

Full story

The Guardian, 28th January 2013

Source: www.guardian.co.uk

Public rights in private homes: Deprivations of liberty in private care homes – Hardwicke Chambers

Posted January 28th, 2013 in care homes, Court of Protection, human rights, mental health, news by sally

On 11 December 2012 Mr Justice Mostyn in the Court of Protection handed down judgment in a case he described as ‘a sad story’.

Full story

Hardwicke Chambers, 23rd January 2013

Source: www.hardwicke.co.uk

Ordinary residence and local authority and NHS services – Hardwicke Chambers

Posted January 28th, 2013 in domicile, health, local government, news by sally

“There are two questions about residence:

1. Ordinary residence: Which public body is responsible for providing services?
2. Right of residence: Does the person’s residence and status in the UK give them a legal right to access public services?”

Full story

Hardwicke Chambers, 24th January 2013

Source: www.hardwicke.co.uk

Positive obligations to provide access to information under the European Convention on Human Rights – 11 KBW

Posted January 28th, 2013 in data protection, human rights, news by sally

“In this article, we seek to identify how, when and why the courts have developed positive obligations under the European Convention on Human Rights (‘ECHR’ or ‘the Convention’) for the State to provide access to information. We propose to identify four distinct categories of information, and argue that the courts have taken a different approach in relation to each one. We will then consider why the courts have adopted these divergent approaches.”

Full story (PDF)

11 KBW, 28th January 2013

Source: www.11kbw.com

Criminals could avoid court under new ‘proportionality’ test – Daily Telegraph

Posted January 28th, 2013 in codes of practice, Crown Prosecution Service, news, prosecutions by sally

“More criminals will be let off without going to court as prosecutors assess whether the cost of any trial would be worth it under the biggest shake-up of the rules for 20 years.”

Full story

Daily Telegraph, 28th January 2013

Source: www.telegraph.com

Gift vouchers ~ Can consumer protection be tightened? – 11 Stone Buildings

Posted January 28th, 2013 in consumer protection, insolvency, news by sally

“The selling of gift vouchers by distressed retailers such as Comet, Jessops and HMV, in the run up to going into administration has been the subject of much adverse comment in the media in recent weeks. Consumers always seem to be pulling the short straw. Why is this and can anything be done to protect their position better?”

Full story

11 Stone Buildings, January 2013

Source: www.11sb.com

Family Justice Board action plan – Ministry of Justice

Posted January 28th, 2013 in children, families, family courts, news by sally

“This plan sets out the actions the Board and its partners will take to achieve the Government’s vision of a family justice system that supports the delivery of the best possible outcomes for all children who come into contact with it.”

Action Plan to Improve the Performance of the Family Justice System (PDF)

Ministry of Justice, 24th January 2013

Source: www.justice.gov.uk

Court of Appeal overturns Senior Costs Judge and allows recovery of £300,000 budget overspend – Litigation Futures

Posted January 28th, 2013 in appeals, budgets, costs, defamation, news by sally

“A social worker involved in the Baby P case can recover £300,000 in costs from a successful libel claim against The Sun after the Court of Appeal ruled that she had good reason to depart from the court-approved costs budget, the Court of Appeal has ruled.”

Full story

Litigation Futures, 28th January 2013

Source: www.litigationfutures.com

Changes to Public Access Training Announced – Bar Standards Board

“Public access barrister training is to be overhauled under proposals announced by the Bar Standards Board today.”

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Bar Standards Board, 28th January 2013

Source: www.barstandardsboard.org.uk

Sir Leigh Lewis KCB – Prospects for a British Bill of Rights – UCL Constitution Unit

Posted January 28th, 2013 in constitutional law, human rights, news by sally

“The Commission on a Bill of Rights was established in March 2011 and mandated to investigate the creation of a UK Bill of Rights which draws upon current ECHR obligations. On 18 December 2012, the Commission published its report. Seven of the nine committee members advocated the creation of a UK Bill of Rights, while the two dissenting members have voiced concerns that a Bill could be used as a means of decoupling the UK from the ECHR. The Commission’s Chair, Sir Leigh Lewis KCB, will discuss the report’s findings and likely impact.”

Video

UCL Constitution Unit, 26th January 2013

Source: www.ucl.ac.uk/constitution-unit

Why government reforms on employment law make little sense – Law Society’s Gazette

“There were some statistics that private equity pioneer Adrian Beecroft did not include in his highly controversial report on employment law published last year. The number of claims brought by employees in employment tribunals fell from 236,000 in 2009-10 to 186,000 in 2011-12. The number of claims for both sex and age discrimination has almost halved. And the median award for most types of claim remains low, at around £5,000 (two months’ average pay). Given that these figures relate to a period of acute economic turbulence, they are counterintuitive.”

Full story

Law Society’s Gazette, 28th January 2013

Source: www.lawgazette.co.uk

ICO to change cookie policy to recognise implied consent – OUT-LAW.com

Posted January 28th, 2013 in consent, internet, news, ombudsmen, privacy by sally

“The UK’s privacy watchdog will no longer require individuals’ explicit consent in order to serve them with ‘cookies’ when they visit its website.”

Full story

OUT-LAW.com, 28th January 2013

Source: www.out-law.com

Scores of violent offenders able to walk out of jail – Daily Telegraph

“Scores of Britain’s most dangerous criminals have walked out of open prisons over the past year, official statistics disclosed yesterday.”

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Daily Telegraph, 28th January 2013

Source: www.telegraph.co.uk

Justice minister admits five children were detained in adult jails – The Independent

Posted January 28th, 2013 in children, mental health, news, prisons, United Nations, young offenders by sally

“Five children have been placed in adult prisons, breaking an international treaty on children’s rights, it has emerged. The Youth Justice minister, Jeremy Wright, admitted the under-18s had been transferred from youth custody to adult prisons in 2011, in answer to a parliamentary question earlier this month.”

Full story

The Independent, 27th January 2013

Source: www.independent.co.uk

Women’s centres give vital help to ex-convicts. So why cut them? – The Guardian

Posted January 28th, 2013 in budgets, housing, news, prisons, women by sally

“Most women prisoners have committed non-violent crimes. On being released, many want to start new lives but get little or no support. In 2008, that was all supposed to change. Yet today there is anger and frustration at lack of action, and the destructive potential of cutbacks.”

Full story

The Guardian, 27th January 2013

Source: www.guardian.co.uk

Use of police cautions has ‘got out of hand’, magistrates warn – Daily Telegraph

“One in four violent criminals are avoiding court as magistrates warned the excessive use of cautions by police has ‘got out of hand’.”

Full story

Daily Telegraph, 27th January 2013

Source: www.telegraph.co.uk