Data-sharing safeguards: no ‘micro-managing’ – Panopticon

Posted January 26th, 2021 in data protection, EC law, news, police, privacy, young persons by sally

‘Data-sharing arrangements between one controller and another proliferate across all sorts of processing contexts, aimed at all sorts of purposes. If those arrangements are to comply with the GDPR and/or DPA 2018, they need to be structured so as to ensure that the data-sharing satisfies the data protection principles. This includes having “appropriate technical and organisational measures” in place. So far, so clear. But how do you assess whether your measures are “appropriate”? And if push comes to shove, how will a court approach that assessment?’

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Panopticon, 25th January 2021

Source: panopticonblog.com

Divisional Court finds Mental Health Act assessments require physical attendance and cannot be undertaken remotely – Local Government Lawyer

‘The phrases “personally seen” in s. 11(5) of the Mental Health Act 1983 and “personally examined” in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.’

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Local Government Lawyer, 25th January 2021

Source: www.localgovernmentlawyer.co.uk

Rape victims speak out ahead of legal challenge to CPS policy – The Guardian

‘Rape victims at the heart of a landmark court case have told the Guardian they have been failed by the Crown Prosecution Service, ahead of a legal challenge to how the crime is charged and prosecuted.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Priti Patel publishes new strategy to protect children from sexual abuse – Home Office

‘The Home Secretary has today published a first-of-its-kind national strategy to protect children from all forms of child sexual abuse. The Tackling Child Sexual Abuse Strategy sets out how the Government will use new legislation and enhanced technology to stop offenders in their tracks.’

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Home Office, 22nd January 2021

Source: www.gov.uk

Running on Empty: New report finds serious problems with legal help for the public – The Bar Council

Posted January 25th, 2021 in barristers, bereavement, civil justice, families, inquests, legal aid, news by sally

‘A newly published report “Running on Empty” from the Bar Council, which represents all barristers in England and Wales, reveals the severity of problems in the civil legal aid system.’

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The Bar Council, 15th January 2021

Source: www.barcouncil.org.uk

New survey from Bar Council finds barristers at “breaking point” – The Bar Council

Posted January 25th, 2021 in barristers, coronavirus, debts, diversity, employment, fees, mental health, news, statistics by sally

‘The Bar Council, which represents all barristers in England and Wales, has today published findings from its most recent survey of the Bar. The findings show some signs of recovery in workload, but highlight the extreme financial and psychological hardship still facing many barristers.’

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The Bar Council, 22nd January 2021

Source: www.barcouncil.org.uk

Email attachments not covered by legal privilege, court clarifies – Law Society’s Gazette

‘Email attachments are not to be covered by legal professional privilege even if the email is, the Supreme Court effectively decided this week.’

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Law Society's Gazette, 21st January 2021

Source: www.lawgazette.co.uk

Financial Remedy Update, January 2021 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during December 2020.’

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Family Law Week, 21st January 2021

Source: www.familylawweek.co.uk

People smugglers jailed for total of 78 years over deaths of 39 Vietnamese migrants – The Independent

‘Four people-smugglers have been jailed for a total of 78 years over the deaths of 39 Vietnamese migrants, whose bodies were found in a lorry container in Essex in October 2019.’

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The Independent, 23rd January 2021

Source: www.independent.co.uk

‘They decided the jury wouldn’t believe me’: CPS accused of secret change to rape policy – The Guardian

Posted January 25th, 2021 in Crown Prosecution Service, juries, news, prosecutions, rape, sexual offences, victims by sally

‘In a landmark hearing this week, rape victims aim to discover if their complaints failed due to a covert move to drop “weak cases.” ‘

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The Guardian, 24th January 2021

Source: www.theguardian.com

Widow leads fight over smart motorways after landmark crash inquest – The Independent

‘The widow of a motorist who died on a smart motorway is leading the fight to have them banned after a coroner concluded they pose “an ongoing risk of future deaths”.’

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The Independent, 23rd January 2021

Source: www.independent.co.uk

Thousands of EU care workers in UK face losing immigration status – The Independent

Posted January 25th, 2021 in brexit, care workers, EC law, government departments, immigration, news by sally

‘Care sector faces “devastation” as research shows one in seven EU employees unaware that they must apply to regularise status before June 2021 or be stripped of right to work and live in UK.’

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The Independent, 25th January 2021

Source: www.independent.co.uk

Met police officer faces new hearing over death of mentally ill black man – The Guardian

‘A senior police officer cleared of misconduct over the high-profile death of a mentally ill black man is to face fresh disciplinary proceedings because of failings in the original case, the Observer can reveal.’

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The Guardian, 24th January 2021

Source: www.theguardian.com

Home Office criticised prosecutors for ‘applying the law’ in immigration cases, CPS chief says – The Independent

‘The government has repeatedly criticised prosecutors for doing “no more than applying the law”, the head of the Crown Prosecution Service (CPS) has said.’

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The Independent, 24th January 2021

Source: www.independent.co.uk

Terrorism watchdog to open inquiry into radicalisation in prison – The Guardian

Posted January 25th, 2021 in inquiries, Islam, Ministry of Justice, news, ombudsmen, prison officers, prisons, terrorism by sally

‘An inquiry into the way prisons deal with convicted terrorists is being launched by the independent terror watchdog amid concerns of growing radicalisation behind bars.’

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The Guardian, 24th January 2021

Source: www.theguardian.com

School Uniform Policies and Indirect Discrimination under the Equality Act 2010 – Monckton Chambers

‘Khatija Hafesji looks at the legal action threatened against Muslim parents in relation to their daughter’s breach of school uniform policy.’

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Monckton Chambers, 13th January 2021

Source: www.monckton.com

Not all breaches lead to loss – a cautionary tale – Littleton Chambers

Posted January 22nd, 2021 in causation, chambers articles, compensation, damages, news by sally

‘“The bitter truth for an innocent party is that some breaches by its counterparty, however unscrupulous or unethical, result in no loss that can be recovered by an award of compensatory damages; cf. injunctive relief or gain-based damages. Damages are awarded for the breach itself not the manner of the breach”.’

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Littleton Chambers, 18th January 2021

Source: littletonchambers.com

EU Commission issues “Notice to Stakeholders” on Brexit and State aid – EU Relations Law

Posted January 22nd, 2021 in brexit, EC law, Ireland, news, Northern Ireland, state aids by sally

‘In this post, George Peretz Q.C. of Monckton Chambers examines the EU Commission’s “Notice to Stakeholders” dated 18 January 2021 regarding State aid.’

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EU Relations Law, 21st January 2021

Source: eurelationslaw.com

Religion, looked-after children and “best interests”: Salford CC – Law & Religion UK

‘Salford CC v W & Ors (Religion and Declaration of Looked After Status) [2021] EWHC 61 (Fam) was about the welfare of five children between the ages of eleven and four: B, C, D, E and F. There were three applications before the court: the first for care orders under s.31 of the Children Act 1989, first issued in December 2018 by Norfolk County Council, the second by their mother, Ms W, for a prohibited steps order pursuant to s. 8 of the Children Act 1989, and the third by the maternal aunt and putative special guardian of the children, Mrs Z, for a declaration under the inherent jurisdiction of the High Court regarding the children’s legal status for the purposes of Part III of the Children Act 1989 [1 & 2]. It is the second application that is the subject of this note.’

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Law & Religion UK, 22nd January 2021

Source: lawandreligionuk.com

Employment Tribunals: Interim Relief and the Equality Act 2010 – Littleton Chambers

‘Joseph Bryan discusses Steer v Stormsure Ltd, in which the Employment Appeal Tribunal has raised the prospect of an amendment to the law to permit claimants in proceedings under the Equality Act 2010 to seek interim relief.’

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Littleton Chambers, 14th January 2021

Source: littletonchambers.com