CPS diversity declaration rule to put chambers under spotlight – Legal Futures

‘The Crown Prosecution Service (CPS) is to use a new annual online declaration by panel barristers of any protected characteristics to analyse the proportionality of case allocation and fee payments within chambers.’

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Legal Futures, 13th July 2021

Source: www.legalfutures.co.uk

Important new ruling on access to British Passports for those subject to nationality deprivation proceedings – EIN Blog

‘The Queen (on the application of Leonard Gjini) [2021] EWHC 1677 (Admin). In an important decision handed down on 21 June 2021, Mr Justice Morris clarified the circumstances in which it is permissible for the Home Office to decline to issue British Passports to persons subject to deprivation proceedings under section 40 of the British Nationality Act 1981 rejecting a contention by the Home Office that there was a public interest in refusing based on the fact of a past deception.’

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EIN Blog, 2nd July 2021

Source: www.ein.org.uk

Very large organisations could see fines for health and safety offences double – OUT-LAW.com

Posted April 19th, 2021 in appeals, company law, employment, fines, health & safety, news, proportionality by tracey

‘Very large organisations may see fines for health and safety breaches doubled, according to the Court of Appeal in England and Wales. There remains, however, no clear judicial guidance on what the threshold for “very large” looks like in practice.’

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OUT-LAW.com, 16th April 2021

Source: www.pinsentmasons.com

Retrial-conviction cases: when is extradition proportionate? – 5SAH

Posted April 14th, 2021 in brexit, chambers articles, extradition, news, proportionality, retrials by sally

‘When is it proportionate to extradite a person for what appear to be minor offences where they are entitled to a retrial?’

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5SAH, 17th March 2021

Source: www.5sah.co.uk

Stonehenge, religious manifestation and the ECHR: Halcrow – Law & Religion UK

‘In Halcrow & Ors v Crown Prosecution Service [2021] EWHC 483 (Admin), Maryam Halcrow, Angel Grace and Lisa Mead were Pagans of various traditions. All three had been convicted by Swindon Magistrates’ Court of entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018 without reasonable excuse, contrary to regulation 3(h) of the Stonehenge Regulations 1997 and s.19 of the Ancient Monuments and Archaeological Areas Act 1979, and had been sentenced to a conditional discharge. Their appeal to the Crown Court was dismissed [1 & 2].’

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Law & Religion UK, 11th March 2021

Source: lawandreligionuk.com

MI5 policy allowing agents to commit crimes was legal, say judges – The Guardian

‘MI5’s partially secret policy of allowing agents to participate in serious crimes in pursuit of intelligence was legal, three court of appeal judges have concluded.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

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Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

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UKSC Blog, 12th February 2021

Source: ukscblog.com

DWP uses excessive surveillance on suspected fraudsters, report finds – The Guardian

‘Suspected benefit fraudsters in the UK are being subjected to excessive surveillance techniques such as being tailed by government officers or identified in CCTV footage, according to a report.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

‘Vulnerability’ added to overriding objective and costs rules – Litigation Futures

‘Taking account of the vulnerability of parties and witnesses is to be added to the overriding objective as well as the factors used to determine the proportionality of costs.’

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Litigation Futures, February 2021

Source: www.litigationfutures.com

Radicalisation and retention: how long can the police hold data about a person allegedly vulnerable to radicalisation? – UK Police Law Blog

Posted January 29th, 2021 in data protection, equality, human rights, Islam, news, police, privacy, proportionality, terrorism by tracey

‘If concerns are raised that a person might be vulnerable to radicalisation, how long can a police force hold data about that person? This was the question facing the High Court in the case of R (II) v Commissioner of Police for the Metropolis [2020] EWHC 2528 (Admin), which held that the police’s continued retention of data a sixteen year old was contrary to the Data Protection Act 2018 and article 8. In finding this, the court held that a force’s retention of data must be proportionate, what is proportionate in any given situation is fact-specific and that when the police cease to be able to identify a policing purpose for continued retention of personal data, it should be deleted.’

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UK Police Law Blog, 28th January 2021

Source: ukpolicelawblog.com

Is Lockdown 2 Lawful? – 39 Essex Chambers

‘The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 impose a second lockdown on England. They prohibit persons from leaving their home unless they have a reasonable excuse. They severely restrict the ability of persons to meet anyone who is not a member of their household. Various outdoors activities are banned, such as most organised sport. Numerous businesses and other premises are closed, including pubs and restaurants, cinemas and theatres, hairdressers, indoor and outdoor sports and recreation facilities, and most non-food retailers.’

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39 Essex Chambers, 6th November 2020

Source: www.39essex.com

Positive action and proportionality: Supreme Court guidance in Agudas Israel Housing Association – Cloisters

‘In R (on the application of Z and another) (AP) (Appellants) v Hackney London Borough Council and another (Respondents) UKSC 2019/0162, the Supreme Court held that it was lawful for a housing association to provide social housing only to Orthodox Jews, in its first ever ruling on positive action. In this blog, Charlotte Goodman, an equality law barrister at Cloisters, considers the importance of the judgment.’

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Cloisters, 6th November 2020

Source: www.cloisters.com

Met police told 40% of recruits must be from BAME backgrounds – The Guardian

‘Britain’s biggest police force must hire 40% of new recruits from ethnic minority backgrounds, while officers will have to justify stop and search to community panels under new plans designed to quell the race crisis engulfing Scotland Yard.’

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The Guardian, 13th November 2020

Source: www.theguardian.com

Met Police traffic stops to be reviewed as part of Action Plan – BBC News

‘Mayor of London Sadiq Khan has called for police traffic stops to be reviewed to look at whether black people are disproportionately affected by some police tactics.’

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BBC News, 13th November 2020

Source: www.bbc.co.uk

Recognising the legal landscape of informed consent – The GMC’s new guidance on Consent 2020 – Parklane Plowden Chambers

‘The landscape of informed consent in the doctor-patient relationship was fundamentally re-developed in 2015 when the Supreme Court drove a bulldozer through the Bolam principle replacing it with a new patient focused view designed on “materiality“ in Montgomery v Lanarkshire Health Board [ 2015 ] UKSC 11. The General Medical Council acted as an intervener in Montgomery case.’

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Parklane Plowden Chambers, 14th October 2020

Source: www.parklaneplowden.co.uk

Extending custody time limit will hit BAME people hardest, MoJ told – The Guardian

‘Extending the amount of time unconvicted defendants can await trial in prison will have a disproportionate impact on people who are black, Asian or from other ethnic minorities, according to official advice handed to ministers.’

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The Guardian, 16th October 2020

Source: www.theguardian.com

Coronavirus: Illegal house party host fined £10k apologises – BBC News

Posted September 14th, 2020 in coronavirus, enforcement, fines, freedom of movement, news, police, proportionality by tracey

‘A student who was fined £10,000 for an illegal house party of more than 50 people has apologised.’

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BBC News, 13th September 2020

Source: www.bbc.co.uk

Reforms to UK’s antiquated spying laws published by Law Commission – Law Commission

‘Reform is needed to bring the law into the 21st century and protect the United Kingdom from espionage (spying) and unauthorised disclosures (leaks), according to a report from the Law Commission that has been laid in Parliament today [01 September 2020].’

Press release

Law Commission, 1st September 2020

Source: www.lawcom.gov.uk

Sentencing and confiscation in prosecutions for breaches of planning enforcement notices (R v Roth): Sarah Wood for Lexis Nexis – 5SAH

‘This case involved an appeal against a fine and a confiscation order following criminal proceedings for breach of an enforcement notice served under the Town and Country Planning Act 1990 (TCPA 1990). The appellant, Mr Roth, had converted a property into 12 self-contained flats without prior planning permission. His appeal against sentence was successful; insufficient credit had been given for his guilty plea in the Crown Court, where the case had been committed for the purposes of confiscation. The appeal against the confiscation order was advanced on three grounds: firstly, that the wording of the summons restricted the criminality to one day; secondly, that the rent received was not linked to the breach of the planning legislation; and thirdly, that it was disproportionate for the benefit figure to comprise the gross rental received. All three grounds were dismissed.’

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5SAH, 24th August 2020

Source: www.5sah.co.uk