Restrictive Covenants – can I build a house in the garden? – Tanfield Chambers

Posted October 20th, 2017 in enforcement, news, public interest, restrictive covenants, sale of land by sally

‘The lure of profit can make the construction of a new house in the back garden a tempting prospect. Surely with the constant cry for new homes, such development should be encouraged? Unfortunately, even if planning permission can be obtained for the construction of a “starter-home” in the grounds, it is not uncommon to find a restrictive covenant registered against the title which prohibits the erection of more than one dwelling-house on the plot. “Nimby” neighbours can be all too keen to rely on such covenants to try and stop the proposed works.’

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Tanfield Chambers, 12th October 2017

Source: www.tanfieldchambers.co.uk

FRAND – NIPC Law

Posted October 9th, 2017 in competition, EC law, inventions, licensing, news, patents, public interest, standards by sally

‘FRAND stands for “fair, reasonable and non-discriminatory”. It refers to the terms upon which the owner of a patent for an invention that is essential to a standard (“standard essential patent” or “SEP”) should license its use.’

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NIPC Law, 8th October 2017

Source: nipclaw.blogspot.co.uk

Oliver Butler: The Data Protection Bill and Public Authority Powers to Process Personal Data: Resurrecting Clause 152 of the Coroners and Justice Bill 2009? – UK Constitutional Law Association

Posted September 28th, 2017 in bills, data protection, EC law, local government, news, public interest by sally

‘The Data Protection Bill currently before Parliament substantially resurrects the controversial clause 152 of the Coroners and Justice Bill 2009. Careful scrutiny of this provision is needed and it must not be lost in the legislative morass as the UK grapples with data protection reform.’

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UK Constitutional Law Association, 28th September 2017

Source: ukconstitutionallaw.org

Song labelling gay couple ‘fairy’ and ‘fag’ is not homophobic, court rules – The Independent

‘A song labelling gay men as “fairies” and “fags” is not homophobic, a court has ruled.’

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The Independent, 12th September 2017

Source: www.independent.co.uk

Michael Duggan QC on Whistleblowing, Self Interest and Public Interest: Chesterton Global Limited v Mohamed Nurmohamed, Public Concern at Work – Littleton Chambers

Posted August 22nd, 2017 in appeals, news, public interest, unfair dismissal, whistleblowers by sally

‘Whilst the Taylor Review may be the talking point of the week, Michael Duggan QC writes that the case of Chesterton Global Limited v Mohamed Nurmohamed, Public Concern At Work (intervener) [2017] EWCA Civ 979, 10th July 2017 is perhaps the case of the week. It concerns the vexed question of good faith in public interest disclosures of whistleblowing.’

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Littleton Chambers, 19th July 2017

Source: www.littletonchambers.com

Publishing salacious material as public interest besmirches press freedom – The Guardian

‘Seedy legal plea to name couple filmed having sex by police officer Adrian Pogmore is anything but a matter of high principle.’

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The Guardian, 13th August 2017

Source: www.theguardian.com

Family of Deepcut soldier can apply for fresh inquest – Attorney General’s Office

Posted July 21st, 2017 in armed forces, attorney general, inquests, news, press releases, public interest by tracey

‘Attorney General gives consent for the family of Private Geoff Gray to apply to the High Court for a fresh inquest into his death.’

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Attorney General's Office, 21st July 2017

Source: www.gov.uk

Supreme Court rules against the Home Secretary on ‘Deport First, Appeal Later’ – No. 5 Chambers

‘The Supreme Court has allowed appeals in R (Kiarie) and R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 by persons whom the Home Secretary wished to deport even before they had had a chance to appeal to a tribunal on human rights grounds against the deportation decision. It has concluded that the very system of appealing from abroad in such cases simply does not provide an effective right of appeal.’

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No. 5 Chambers, 14th June 2017

Source: www.no5.com

Heart surgeon spared jail for molesting women after judge says it may be in public interest for him to operate again – Daily Telegraph

‘A world-renowned heart surgeon has been spared jail for molesting two women after a judge said it may be in the public interest for him to operate again.’

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Daily Telegraph, 8th June 2017

Source: www.telegraph.co.uk

Family life succeeds in defeating s.94B ‘deport first, appeal later’ certification – Free Movement

Posted May 15th, 2017 in appeals, children, deportation, families, immigration, news, public interest by sally

‘The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 is one of a series of cases challenging the lawfulness of the certification regime under s.94B Nationality Immigration Asylum Act 2002 (as amended). The issue has been considered several times on Free Movement, and judgment is still awaited on the lead test case of Kiarie and Byndloss v SSHD [2015] EWCA Civ 1020, heard by the Supreme Court in March.’

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Free Movement, 15th May 2017

Source: www.freemovement.org.uk

Free speech groups call for public interest defence for whistleblowers – The Guardian

Posted May 3rd, 2017 in freedom of expression, news, public interest, whistleblowers by tracey

‘A public interest defence should be created to protect journalists and whistleblowers who disclose secret information that reveals serious criminal activity or widespread breaches of human rights, an alliance of free speech organisations has said.’

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The Guardian, 2nd May 2017

Source: www.guardian.co.uk

Supreme Court refuses damages to refugee wrongly prosecuted for illegal entry – Free Movement

‘Shortly after Christmas in 2009, a young woman from Somalia flew into Stansted and claimed asylum. She had just turned 18. As later accepted by the Home Office, she had experienced severe depredations in her home country. This included her rape at the age of six in the presence of her disabled mother, and the murder of both of her parents. She fled Somalia in 2008, initially to Yemen, where she spent the next year. She was eventually able to fly to Europe with the help of an agent, who provided a British passport to facilitate her entry into the UK.’

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Free Movement, 26th April 2017

Source: www.freemovement.org.uk

Home Office scraps ‘insufficient evidence’ notification – Law Society’s Gazette

‘Suspects in criminal investigations will no longer be told by police they do not face any charges because of “insufficient evidence” the government has announced. It was responding to concerns that the phrase would cause an individual’s innocence to be questioned by the public and the media.’

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Law Society’s Gazette, 21st April 2017

Source: www.lawgazette.co.uk

Can President Assad’s wife be deprived of her British citizenship on public good grounds? – Free Movement

Posted April 18th, 2017 in citizenship, married persons, news, public interest, women by sally

‘Liberal Democrat foreign affairs spokesman Tom Brake says that she has supported President Assad’s regime and therefore should be stripped of her British citizenship. It is not said she has personally been involved in any war crimes or similar or to have sanctioned such atrocities. Mr Brake seems to consider that holding and expressing a political opinion — an awful one, let us be clear — is sufficient to justify depriving a person of their citizenship.’

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Free Movement, 17th April 2017

Source: www.freemovement.org.uk

I exposed corruption at War Child. Here’s why whistleblowers need anonymity – The Guardian

Posted April 10th, 2017 in anonymity, charities, Charity Commission, news, public interest, whistleblowers by sally

‘When I spoke out about corruption in the charity, I was ostracised and then fired. Little has changed since then. My advice is proceed with caution’

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The Guardian, 10th April 2017

Source: www.guardian.co.uk

Recent ruling a reminder that journalistic defence can defeat data protection breach claims, says expert – OUT-LAW.com

‘ A ruling by the High Court in London last month highlights the special rules that publishers can rely on under UK data protection law to defeat claims that they have processed personal data unlawfully.’

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OUT-LAW.com, 8th March 2017

Source: www.out-law.com

Section 32 DPA: Resistance not Futile – Panopticon

‘We have banged the drum on Panopticon to almost Phil Collins-like levels on theme of the growing utility of the Data Protection Act to media lawyers, but it would be foolish to pretend it can always produce an answer from nowhere in a traditional journalism context. The judgment in ZXC v Bloomberg LP [2017] EWHC 328 (QB) reminds us of that.’

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Panopticon, 6th March 2017

Source: www.panopticonblog.com

Rupert Murdoch’s 21st Century Fox to formally notify EU of Sky bid – The Guardian

Posted March 1st, 2017 in competition, EC law, media, news, public interest by sally

‘Rupert Murdoch’s 21st Century Fox is expected to formally notify the European competition regulator of its £11.7bn takeover offer for Sky later this week, after which the UK culture secretary will have to decide whether to launch an investigation into the extent of Murdoch’s control of UK media.’

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The Guardian, 1st March 2017

Source: www.guardian.co.uk

Tribunal: ‘public interest’ need for social housing justified breach of covenant – OUT-LAW.com

‘A tribunal has agreed to a property developer’s request to modify a restrictive covenant preventing the use of land for anything other than car parking, even though the developer had already built social housing on the land in breach of that covenant.’

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OUt-LAW.com, 6th December 2016

Source: www.out-law.com

Regina v Norman (Robert) – WLR Daily

Regina v Norman (Robert) [2016] EWCA Crim 1564

‘The defendant was a prison officer who was paid more than £10,000 by a tabloid journalist in return for information about the prison which formed the subject matter of numerous published articles. He was charged with one count of misconduct in public office. The newspapers voluntarily disclosed evidence of the defendant’s identity and conduct. It was the prosecution case that the stories did not, save in a few cases, have any public interest and that the defendant knew that what he was doing was very wrong given the scale and scope of his activities, conducted behind his employer’s back, in return for substantial payments which were routed via his son’s bank account in order to conceal them. The defendant was convicted. He appealed against conviction the grounds that (i) the judge should have acceded to his submission to stay the proceedings as an abuse of process since the defendant’s identity and the evidence upon which the prosecution depended had been obtained by police misconduct in putting pressure upon the newspapers to give disclosure in order to avoid corporate prosecution; and (ii) the judge should have acceded to his submission of no case to answer, since the defendant’s misconduct did not meet the high threshold of seriousness required for it to be characterised as a criminal abuse of the public’s trust in him as an officer holder.’

WLR Daily, 20th October 2016

Source: www.iclr.co.uk