Paedophile loses bank rule challenge – BBC News
“A convicted paedophile has lost a legal challenge against rules requiring him to disclose bank details to police.”
BBC News, 18th September 2013
Source: www.bbc.co.uk
Category: proportionality
Mark Elliott: Justification, Calibration and Substantive Judicial Review: Putting Doctrine in its Place – UK Constitutional Law Group
“To observe that substantive judicial review—and the notions of proportionality and deference in particular—constitute well-trodden ground would be to engage in reckless understatement. And that, in turn, might suggest that there is nothing more that can usefully be said about these matters. Yet the debate in this area of public law remains vibrant—and for good reason. Like the controversy about the foundations of judicial review in which many public lawyers engaged energetically over a decade ago, the controversy about substantive review is ultimately a manifestation of underlying disagreements concerning the nature, status and interaction of fundamental constitutional principles, including the rule of law, the separation of powers and the sovereignty of Parliament. It is hardly surprising, then, that questions about the intensity of review and (what amounts to the reverse side of the same coin) deference remain under active discussion long after the debate was ignited by the entry into force of the Human Rights Act 1998.”
UK Constitutional Law Group, 17th September 2013
Source: www.ukconstitutionallaw.org
A fairer civil future? – New Law Journal
“Mohammed Saleem Tariq & Anton van Dellen reflect on the early days of the Jackson reforms.”
New Law Journal, 6th September 2013
Source: www.newlawjournal.co.uk
‘Kettled’ protester loses High Court compensation case – BBC News
“A man who was ‘kettled’ during a protest in central London has lost his damages claim against the Met.”
BBC News, 11th September 2013
Source: www.bbc.co.uk
Council must pay compensation as Ombudsman find faults in planning permission process – OUT-LAW.com
“The Local Government Ombudsman has said that a local authority failed properly to assess an application for planning permission against planning policies and has ordered that compensation be paid to householders.”
OUT-LAW.com, 29th August
Source: www.out-law.com
The Curious Case of Bank Mellat – Dyers Chambers
“On 19 June 2013, the Supreme Court gave judgment in the case of Bank Mellat v HM Treasury (No. 1) and (No. 2). Gavin Irwin reviews the latest developments in the deployment of sanctions against Iran and the tensions that can arise between international organisations, nation states and commercial entities.”
Full story (PDF)
Dyers Chambers, 11th July 2013
Source: www.dyerschambers.com
Regina v Sale – WLR Daily
Regina v Sale [2013] EWCA Crim 1306; [2013] WLR (D) 304
“Where the defendant was the sole shareholder of a company for which he had secured commercial contracts by corruption, the assessment of the defendant’s criminal benefit for the purposes of a confiscation order could not be based on the turnover from the contracts because that would be disproportionate but should be restricted to the gross profit earned by the company together with any other pecuniary advantage which flowed from the corruption.”
WLR Daily, 25th July 2013
Source: www.iclr.co.uk
Children: Public Law Update (July 2013) – Family Law Week
“John Tughan, barrister of 4 Paper Buildings, examines some important recent judgments of particular interest to public law children lawyers.”
Family Law Week, 24th July 2013
Source: www.familylawweek.co.uk
Regina (CN) v Lewisham London Borough Council: Regina (ZH) v Newham London Borough Council – WLR Daily
“A housing authority was not required to issue court proceedings before evicting the occupier of accommodation made available on a licence by a housing authority pursuant to its interim duty under sections 188(1) or 190(2)(a) of the Housing Act 1996.”
WLR Daily, 11th July 2013
Source: www.iclr.co.uk
Beware the overriding objective! – New Law Journal
“Dominic Regan calls attention to the revised CPR 1.”
New Law Journal, 22nd July 2013
Source: www.newlawjournal.co.uk
Regina (Minter) v Chief Constable of Hampshire Constabulary – WLR Daily
Regina (Minter) v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 697; [2013] WLR (D) 289
“A convicted sex offender on whom an extended sentence was passed pursuant to section 85(2) of the Powers of Criminal Courts (Sentencing) Act 2000 became subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 for an indefinite period under section 82(1) of the 2003 Act, if the aggregate of the custodial term and the extension period was 30 months or more, even if the custodial term was less than 30 months.”
WLR Daily, 1st May 2013
Source: www.iclr.co.uk
Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department – WLR Daily
“When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 5th July 2013
Source: www.iclr.co.uk
Sacked chief constables could launch human rights claim, says watchdog – Daily Telegraph
“Chief constables who are forced out of their jobs by police and crime commissioners could launch claims under the European Convention on Human Rights, a watchdog has said.”
Daily Telegraph, 11th July 2013
Source: www.telegraph.co.uk
Convicted murderers win Article 3 case against whole life sentences in Strasbourg – UK Human Rights Blog
“The Strasbourg Court has upheld three applicants’ complaint that their imprisonment for life amounted to inhuman and degrading treatment as they have no hope of release.”
UK Human Rights Blog, 9th July 2013
Source: www.ukhumanrightsblog.com
Whole-life jail terms with no review breach human rights, European court rules – The Independent
“European Court of Human Rights rules that sentences for prisoners with no chance of release violate European convention – but ruling does not mean they should be freed any earlier.”
The Independent, 9th July 2013
Source: www.independent.co.uk
Jeremy Bamber among Britain’s most notorious murderers to challenge whole-life sentences in European courts – The Independent
“Strasbourg’s human rights’ court is due to issue a judgement this week on a highly controversial case brought by three of Britain’s most notorious murderers.”
The Independent, 8th July 2013
Source: www.independent.co.uk
McFail – NearlyLegal
“This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and occupiers of private land. Despite Sir Alan Ward’s opening, the case falls short of being that, as we shall see.”
NearlyLegal, 7th July 2013
Source: www.nearlylegal.co.uk
The foreign rioter we cannot deport because of his ‘right to family life’ – Daily Telegraph
“Lawyers for Derrick Kinsasi successfully argued that sending him back to the Democratic Republic of Congo (DRC) would breach his ‘right to family life’ under Labour’s Human Rights Act, even though he is unmarried and has no children.”
Daily Telegraph, 5th July 2013
Source: www.telegraph.co.uk
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National Security and Civil Liberties – Getting the balance right – Home Office
“Speech on national security by Security Minister James Brokenshire to National Security Summit at Queen Elizabeth Conference Centre on 3 July Originally given at London. This is a transcript of the speech, exactly as it was delivered.”
Home Office, 3rd July 2013
Source: www.gov.uk/home-office
Quick, intuitive thinking drives decisions on whether to use a lawyer – Legal Services Board
“The Legal Services Board publishes today three reports which together deliver new insight into consumers’ behaviour when deciding whether or not to seek legal advice and into the proportionality of regulation.”
Full story (PDF)
Legal services Board, 3rd July 2013
Source: www.legalservicesboard.org.uk
