Category: public interest

Supreme Court to hear QASA appeal – but rejects claim of threat to advocate independence – Legal Futures

Posted February 13th, 2015 in advocacy, appeals, barristers, news, proportionality, public interest, quality assurance by sally

‘The barristers challenging the Quality Assurance Scheme for Advocates have today been granted permission to appeal to the Supreme Court. However, the Supreme Court declined permission to appeal against the Court of Appeal’s finding that the principle of independence of the advocate was not infringed by QASA, saying it did not have a real prospect of success.’

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Legal Futures, 12th February 2015

Source: www.legalfutures.co.uk

The Algebra of FOIA – Panopticon

Posted February 9th, 2015 in disclosure, freedom of information, news, public interest, tribunals by sally

‘It is no matter of Euclidian geometry to say that where x + y = z, and z = 13, being told what y equals one need not be Pythagoras to establish the value of x. But what happens when z is in the public domain, x is absolutely exempt information under FOIA (because it is caught by section 23(1)) and the public interest otherwise favours the disclosure of y, which is not the subject of an exemption? Inevitably, the effect of disclosure is that the absolutely exempt information is also revealed. The Interim Decision of the Upper Tribunal in Home Office v ICO & Cobain [2014] UKUT 306 (AAC) was that the Tribunal had to consider whether it was appropriate to utilise the section 50(4) FOIA power so as not to direct disclosure. The issue may be formulaic, but the answer is not.’

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Panopticon, 6th February 2015

Source: www.panopticonblog.com

CPS to take no further action against journalist and public official over misconduct claims – The Guardian

Posted February 6th, 2015 in conspiracy, media, misfeasance in public office, news, prosecutions, public interest by sally

‘The Crown Prosecution Service has announced it is to take no further action against an unnamed Sun journalist and a public official who were investigated over tips for stories.’

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The Guardian, 4th February 2014

Source: www.guardian.co.uk

Theresa May wins rapist deportation appeal – BBC News

Posted February 5th, 2015 in appeals, deportation, immigration, news, public interest, rape, tribunals by sally

‘A ruling that prevented the deportation of a Somali man who raped a pregnant woman has been successfully challenged by the home secretary.’

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BBC News, 5th February 2015

Source: www.bbc.co.uk

Analysis: Why can’t we sue the police for negligence? – BBC News

Posted January 29th, 2015 in appeals, human rights, immunity, negligence, news, police, public interest, Supreme Court by sally

‘You call the police in your moment of need and they don’t turn up until it’s too late.’

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BBC News, 28th January 2015

Source: www.bbc.co.uk

English pubs deemed important to communities to be protected by law – The Guardian

Posted January 27th, 2015 in licensed premises, news, planning, public interest, regulations by sally

‘Pubs in England listed as important by communities will not be demolished or have their use changed without planning permission under proposed legislation.’

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The Guardian, 26th January 2015

Source: www.guardian.co.uk

Chilcot report on Iraq war delayed until after general election – The Guardian

Posted January 21st, 2015 in delay, elections, inquiries, Iraq, news, public interest, reports, war by sally

‘The six-year-long British inquiry into the 2003 Iraq invasion and its aftermath will not be published before the general election, prompting an outcry from those demanding that the long overdue reckoning should be put before the voters.’

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The Guardian, 21st January 2015

Source: www.guardian.co.uk

Judicial reviews: a decision that’s best left to judges – The Guardian

Posted December 10th, 2014 in bills, costs, disclosure, human rights, intelligence services, interception, investigatory powers, judicial review, judiciary, news, parliament, public interest, telecommunications, tribunals by sally

‘The justice secretary wants to restrict access to judicial reviews, but judging the lawfulness of executive action should not be a matter for the executive.’

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The Guardian, 10th December 2014

Source: www.guardian.co.uk

Statement from the Director of Public Prosecutions on Eleanor de Freitas – CPS News Brief

Posted December 10th, 2014 in codes of practice, Crown Prosecution Service, inquests, mental health, news, perverting the course of justice, police, private prosecutions, public interest, rape, sexual offences by sally

‘Eleanor de Freitas’ tragic death was just days before she was due to stand trial for perverting the course of justice. The pending inquest will deal with the circumstances surrounding her death and I do not want to interfere with that process. However the case has understandably raised questions about private prosecutions in these types of cases and why the CPS took over and continued this particular case.’

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CPS News Brief, 9th December 2014

Source: http://blog.cps.gov.uk

Of cricket balls and Velux windows – a victory for Lord Denning and the common law right to hit a good six – Sports Law Bulletin from Blackstone Chambers

Posted November 17th, 2014 in accidents, housing, negligence, news, noise, nuisance, personal injuries, planning, public interest, sport by sally

‘Flying cricket balls and noisy motorbikes have a long history of testing the legal balance between the public interest in sport and the private interest in the peaceful enjoyment of land or the avoidance of injury.’

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Sports Law Bulletin from Blackstone Chambers, 13th November 2014

Source: www.sportslawbulletin.org

Ann Maguire murder: Judge defends naming Will Cornick – BBC News

Posted November 7th, 2014 in anonymity, murder, news, public interest, reporting restrictions, young offenders by sally

‘The judge who sentenced the teenage killer of teacher Ann Maguire has defended his decision to identify him.’

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BBC News, 6th November 2014

Source: www.bbc.co.uk

High Court judge refuses application by Treasury to lift automatic suspension – Local Government Lawyer

Posted November 5th, 2014 in children, contracts, delay, employment, news, parental rights, public interest, taxation by sally

‘A High Court judge has dismissed an application by the Treasury and two of its agencies to lift an automatic suspension under the Public Contracts Regulations 1996.’

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Local Government Lawyer, 5th November 2014

Source: www.localgovernmentlawyer.co.uk

Bar Standards Board left with £100,000 bill after QASA costs ruling – Legal Futures

Posted November 4th, 2014 in appeals, barristers, costs, news, public interest, quality assurance, trials by sally

‘The Bar Standards Board (BSB) is facing a bill for over £100,000 after the Court of Appeal ruled that there was no need for it to be separately represented at the hearing of the judicial review against the Quality Assurance Scheme for Advocates (QASA).’

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Legal Futures, 4th November 2014

Source: www.legalfutures.co.uk

Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Posted October 31st, 2014 in damages, ex turpi causa, injunctions, law reports, patents, public interest by sally

Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55; [2014] WLR (D) 452

‘Although acts which constituted “turpitude” for the purposes of giving rise to the defence of ex turpi causa non oritur actio were not confined to criminal acts but included quasi criminal acts which engaged the public interest, civil wrongs which offended against private and not public interests did not give rise to the defence. Infringements of patent gave rise to private rights of a character no different from rights under contract or tort and there was no public policy which would give rise to a defence of ex turpi causa.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

“It’s too late baby, now it’s too late”: limitation, competition claims and knowledge – Competition Bulletin from Blackstone Chambers

Posted October 31st, 2014 in competition, limitations, news, public interest by sally

‘How much knowledge does a potential claimant need before time begins to run against a competition claim against a party alleged to have breached competition law? This was the key question addressed by Mr Justice Simon in the first case in which an English Court has had to consider the effect of s.32 of the Limitation Act 1980 (“LA”) in the context of a competition claim.’

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Competition Bulletin from Blackstone Chambers, 31st October 2014

Source: www.competitionbulletin.com

Good Things Come to Those Who (Have Inherent) Weight – Panopticon

Posted October 30th, 2014 in appeals, disclosure, freedom of information, news, public interest, tribunals by sally

‘Philosophically, everything must have an inherent weight. Otherwise it would have no weight at all. But FOIA is not concerned with philosophy; it is much more concerned with who is in charge of the sheep dip, and indeed the levels of public funding for the sheep being dipped. (No points for spotting that reference, Bruce.) As a result, there are often debates in the FOIA case law about whether a particular qualified exemption contains an inherent weight, i.e. is the fact that the exemption is engaged at all sufficient to place some weight in the public interest balance against disclosure? The answer varies according to the particular exemption.’

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Panopticon, 29th October 2014

Source: www.panopticonblog.com

Government not required to disclose full details of defence – UK Human Rights Blog

Posted October 28th, 2014 in closed material, compensation, defence, detention, disclosure, government departments, human rights, misfeasance in public office, news, public interest, torture, trespass by sally

‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’

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UK Human Rights Blog, 27th October 2014

Source: www.ukhumanrightsblog.com

Inmate’s assault charge reinstated – BBC News

Posted October 28th, 2014 in assault, Crown Prosecution Service, news, prison officers, prosecutions, public interest by sally

‘An inmate is to face trial over an alleged assault on a prison officer after a High Court judge quashed the decision to drop the case against him.’

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BBC News, 27th October 2014

Source: www.bbc.co.uk

Move to introduce jail time as potential punishment for UK data protection breaches stalls – OUT-LAW.com

Posted October 27th, 2014 in bills, data protection, disclosure, fines, media, news, prisons, privacy, prosecutions, public interest, sentencing by sally

‘Another attempt to introduce jail sentences as a possible punishment to individuals who access or disclose personal data in breach of data protection rules has stalled in the UK parliament.

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24th October 2014

Source: www.out-law.com

Abortion investigation: Group launches private prosecution – Daily Telegraph

Posted October 27th, 2014 in abortion, charities, Crown Prosecution Service, doctors, gender, inquiries, news, private prosecutions, public interest by sally

‘Papers submitted to court in bid to trigger rare private prosecution of doctors exposed in The Telegraph’s undercover abortion investigation.’

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Daily Telegraph, 24th October 2014

Source: www.telegraph.co.uk