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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Local authorities’ statutory powers to override third party land rights will apply to a wider range of public schemes, says expert – OUT-LAW.com

‘Local authorities and regeneration bodies can expect greater scrutiny to be placed on their decisions to override third party rights in land on public interest grounds under new UK planning laws that came into effect in the summer.’

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OUT-LAW.com, 21st September 2016

Source: www.out-law.com

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Privacy at all costs? – New Law Journal

Posted September 1st, 2016 in appeals, costs, financial provision, media, news, privacy, public interest, Supreme Court by sally

‘Wyatt v Vince illustrates the growing trend towards openness of family proceedings, says Sarah Hughes.’

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New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

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How to tell a shining knight of a lawyer from an ambulance chaser? – The Guardian

Posted August 17th, 2016 in armed forces, asylum, law firms, legal aid, news, public interest by sally

‘The question takes us straight to this week’s reported news that Phil Shiner’s Public Interest Lawyers is having to close.’

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The Guardian, 16th August 2016

Source: www.guardian.co.uk

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Orlando Bloom naked pictures: What privacy rights does the actor have? – The Independent

‘The Independent spoke to a media lawyer about whether Bloom’s legal right to privacy has been invaded by publication of the pictures’

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The Independent, 5th August 2016

Source: www.independent.co.uk

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Shipping magnate’s son loses libel action against father of woman he was accused of raping – The Independent

‘A shipping magnate’s son who said he endured a five-week “public rubbishing” because of the actions of the father of a woman who accused him of rape has lost his High Court libel action.’

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The Independent, 27th July 2016

Source: www.independent.co.uk

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Cliff Richard set for court battle with BBC after corporation rejects damages claim – Daily Telegraph

‘Sir Cliff Richard is set for a court battle with the BBC, after the corporation rejected a demand that it pay damages for its controversial live coverage of a police raid on the singer’s home.’

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Daily Telegraph, 24th July 2016

Source: www.telegraph.co.uk

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NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department – WLR Daily

NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department [2016] EWCA Civ 662

‘The claimant foreign nationals, NA, KJ, WM and MY, who had resided for significant periods of time in the United Kingdom, were convicted of offences to which they were sentenced to periods of imprisonment of 12 months or more. As a result, they fell within the definition of foreign criminals in section 32 of the UK Border Act 2007, in respect of whom the Secretary of State was liable to make a deportation order, subject to the exceptions in section 33, which included where deportation would breach the offender’s rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The claimants in each case made representations against their deportation in reliance on their rights to a private and family life under article 8 of the Convention. Paragraph 398 of the Immigration Rules, as they applied between July 2012 and 27 July 2014 (“the 2012 Rules”), provided that when assessing a claim that deportation would be contrary to an offender’s rights under article 8 of the Convention, the Secretary of State was required to consider whether the circumstances in paragraph 399 and 399A of the 2012 Rules existed, and that if they did not, it was only in exceptional circumstances that the public interest in deportation would be outweighed by other factors. The circumstances: (1) in paragraph 399 were that the claimant had a genuine and subsisting parental relationship with a child dependent on the claimant or a partner and it was not reasonable to expect the child to leave the United Kingdom or there were insurmountable obstacles to family life with the partner continuing outside the United Kingdom; and (2) in paragraph 399A were the long residence of the claimant in the United Kingdom and lack of family, social or cultural ties with the country to which he was to be removed. Pararaphs 399 and 399A applied to offenders sentenced to imprisonment for at least 12 months but less than four years (“medium offenders”) but not to those sentenced to periods of four years or more (“serious offenders”). ‘

WLR Daily, 16th June 2016

Source: www.iclr.co.uk

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Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) – WLR Daily

Cadbury UK Ltd v Comptroller General of Patents, Designs and Trade Marks (Societe Des Produits Nestle SA intervening) [2016] EWHC 1609 (Ch)

‘Where a party intervenes in an appeal from a decision of a hearing officer acting on behalf of the Comptroller General of Patents, Designs and Trade Marks, ordinary a costs order will not be made in the intervener’s favour. The court will only consider departing from its ordinary position if it is satisfied that (1) the intervener’s position was successful, (2) its submission added value to the hearing, and (3) it had not duplicated the respondent’s submissions (paras 10, 12).’

WLR Daily, 7th July 2016

Source: www.iclr.co.uk

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Snooper’s charter could endanger journalists and sources, peers warn – The Guardian

‘Peers have issued a serious warning that the government’s proposed “snooper’s charter” law could endanger journalists and their sources.’

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The Guardian, 12th July 2016

Source: www.guardian.co.uk

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