Ofcom rejects Brewdog complaint over BBC documentary – BBC News

Posted February 20th, 2024 in BBC, complaints, freedom of expression, media, news, privacy, public interest by tracey

‘A complaint by Brewdog about a BBC documentary that highlighted allegations of inappropriate behaviour against the beer giant’s chief executive has been rejected by Ofcom.’

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BBC News, 19th February 2024

Source: www.bbc.co.uk

Brianna Ghey: Why teenagers who killed her can be named – BBC News

‘Two teenagers who murdered 16-year-old Brianna Ghey after devising a “kill list” of children to target will be named for the first time today.’

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BBC News, 2nd February 2024

Source: www.bbc.co.uk

Law reform charity brings tribunal challenge over police forces withholding Prevent data – Local Government Lawyer

‘The First Tier Tribunal has heard a Freedom of Information (FOI) appeal over the refusal from police forces to release anonymised data relating to the controversial anti-terrorism programme Prevent.’

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Local Government Lawyer, 23rd January 2024

Source: www.localgovernmentlawyer.co.uk

UK medics told not to report illegal abortions to police – The Guardian

‘Medical staff in the UK should not report women to the police if they believe their patients may have illegally ended their own pregnancy, a professional body has said. The Royal College of Obstetricians and Gynaecologists (RCOG) has said it is never in the public interest to report women who have abortions to law enforcement agencies, according to the BBC.’

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The Guardian, 22nd January 2024

Source: www.theguardian.com

“Shamelessness” of SLAPPs has grown “but still no disciplinary action” – Legal Futures

‘The number and “shamelessness” of SLAPPs has grown but there has been no disciplinary action taken against the lawyers responsible for how they are run, a major conference was told yesterday.’

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Legal Futures, 28th November 2023

Source: www.legalfutures.co.uk

News focus: Media Bill fails to address SLAPPs – Law Society’s Gazette

Posted November 13th, 2023 in bills, damages, defamation, freedom of information, media, news, public interest by tracey

‘While the king’s speech pledged “legislation to protect public interest journalism”, a new Media Bill fails to address SLAPPs. This has sparked renewed calls to extend corrective measures beyond economic crime.’

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Law Society's Gazette, 10th November 2023

Source: www.lawgazette.co.uk

Judge wrong to block reporting of ‘highly contentious’ family case – Law Society’s Gazette

‘A family judge was wrong to make an order preventing the reporting of a case, an appeal judgment has ruled in a significant step for the opening of proceedings to the press.’

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Law Society's Gazette, 5th October 2023

Source: www.lawgazette.co.uk

Section 117B Public Interest Considerations Explained – Richmond Chambers

Posted October 4th, 2023 in chambers articles, human rights, news, proportionality, public interest by sally

‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under s.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate.’

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Richmond Chambers, 7th September 2023

Source: immigrationbarrister.co.uk

Chair of the Bar calls for change to timing of Call in future-gazing speech – The Bar Council

Posted September 14th, 2023 in barristers, consumer protection, legal services, news, public interest, pupillage, speeches by tracey

‘Chair of the Bar Nick Vineall KC has called on the profession to call people to the Bar only when they have completed pupillage. The present system means that the title of barrister is conferred on people who are not entitled to practise as barristers, and he argues that this creates a real risk of confusion for clients and is not in the public interest.’

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The Bar Council, 13th September 2023

Source: www.barcouncil.org.uk

Section 117B Public Interest Considerations Explained – EIN Blog

Posted September 12th, 2023 in human rights, immigration, news, public interest by tracey

‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under S.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate. As such, understanding what falls under “the public interest” will be very significant when attempting to establish any factors which might weigh against an individual’s Article 8 rights in the context of this proportionality exercise. Therefore, in the following article, we will provide an overview of the different factors that form part of these “public interest” considerations and explore how they interact with Article 8 (ECHR).’

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EIN Blog, 12th September 2023

Source: www.ein.org.uk

Independence and the public interest: the role of a legal services regulator – Bar Standards Board

Posted July 7th, 2023 in barristers, legal services, news, public interest by tracey

‘Independence and the public interest: the role of a legal services regulator. Talk by Mark Neale, Director General, Bar Standards Board – 3 July 2023.’

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Bar Standards Board, 4th July 2023

Source: www.barstandardsboard.org.uk

BSB chief: Many practices at the Bar have “outlived their usefulness” – Legal Futures

‘There are many working practices at the Bar “which may have outlived their usefulness and no longer work in the interests of consumers”, the director general of the Bar Standards Board (BSB) said yesterday.’

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Legal Futures, 4th July 2023

Source: www.legalfutures.co.uk

Unpublished policy and unlawful detention: a case note on R (MXK) v Secretary of State for the Home Department – UK Human Rights Blog

‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.

In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’

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UK Human Rights Blog, 29th June 2023

Source: ukhumanrightsblog.com

Whistleblowing protection as a key consideration of investigations best practice – Kingsley Napley

Posted June 29th, 2023 in disclosure, EC law, news, public interest, whistleblowers by sally

‘When an individual blows the whistle on suspected malpractice or wrongdoing in the workplace, this can lead to an internal investigation. A huge range of issues can be raised by whistle-blowers, and how the whistle-blower’s own rights are dealt with is a crucial consideration when scoping an investigation. Following on from World Whistle-blowers’ Day on 23 June, Emmanuelle Ries and Caroline Day provide a whistle stop tour of the key features of whistleblowing protection in the UK and in Europe.’

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Kinglsey Napley, 28th June 2023

Source: www.kingsleynapley.co.uk

The Bar Standards Board issues a consultation on proposed amendments to widen its powers to protect the public – Bar Standards Board

‘The BSB has today issued a consultation document seeking views on proposed changes which would widen the powers of the BSB and of Disciplinary Tribunals.’

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Bar Standards Board, 22nd June 2023

Source: www.barstandardsboard.org.uk

UK judges to be given powers to dismiss oppressive Slapps lawsuits at early stage – The Guardian

Posted June 13th, 2023 in amendments, bills, freedom of expression, news, public interest by sally

‘Oppressive lawsuits brought by wealthy individuals to evade scrutiny and intimidate critics are to be defined in English and Welsh law for the first time, as judges are handed powers to dismiss “Slapps” at an early stage.’

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The Guardian, 13th June 2023

Source: www.theguardian.com

Carole Cadwalladr to appeal against ruling that she pay Arron Banks’s legal costs – The Guardian

Posted May 24th, 2023 in appeals, brexit, costs, media, news, public interest by sally

‘The award-winning Guardian and Observer journalist Carole Cadwalladr will appeal against a ruling that ordered her to pay significant legal costs to the prominent Brexit backer Arron Banks.’

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The Guardian, 23rd May 2023

Source: www.theguardian.com

No cab-rank rule breach – yet – for barrister signatories of eco-resolution – Legal Futures

‘The Bar Standards Board (BSB) will not take action against barristers who have committed not to prosecute climate protestors or work for fossil fuel companies – at least until they actually refuse instructions.’

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Legal Futures, 18th May 2023

Source: www.legalfutures.co.uk

Ethics and access: striking the right balance – Bar Standards Board

‘What is an ethical lawyer? Should an ethical lawyer steer clear of certain clients on public interest grounds? And should the regulator police the profession’s choice of client?’

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Bar Standards Board, 28th April 2023

Source: www.barstandardsboard.org.uk

Sexual assault victim who named her attacker in blog defeats his libel action – The Guardian

‘A woman who wrote about being sexually assaulted, naming her attacker, has defeated a libel action he brought against her after a judge ruled that her account was true on the balance of probabilities.’

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The Guardian, 27th April 2023

Source: www.theguardian.com