Minor offences may stay secret after legal challenge fails – The Guardian

‘Some people with minor, past convictions may not have to disclose them in future after the government lost a legal challenge aimed at preserving its system of criminal record checks.’

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The Guardian, 30th January 2019

Source: www.theguardian.com

Where does the Martin Lewis case leave media law? – Litigation Futures

Posted January 30th, 2019 in advertising, defamation, internet, media, news by sally

‘Last week’s settlement of Martin Lewis’s high-profile defamation claim against Facebook presents a noteworthy challenge to regulators about the practical application of media law to publishers of online advertising campaigns.’

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Litigation Futures, 30th January 2019

Source: www.litigationfutures.com

Brexit cancellation of ‘.eu’ domain names confirmed – OUT-LAW.com

Posted January 30th, 2019 in brexit, domain names, EC law, internet, news by sally

‘Businesses based in the UK that own websites rooted at the ‘.eu’ domain will have two months from the point of Brexit to transfer ownership to sister companies in the EU in a ‘no deal’ scenario, a registry for ‘.eu’ domain names has confirmed.’

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OUT-LAW.com, 30th January 2019

Source: www.out-law.com

Defendant who defrauded council pension fund of £1m jailed for seven years – Local Government Lawyer

Posted January 30th, 2019 in fraud, local government, money laundering, news, pensions, sentencing by sally

‘A man who defrauded Westminster City Council’s pension fund of more than £1m has been jailed for seven years.’

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Local Government Lawyer, 29th January 2019

Source: www.localgovernmentlawyer.co.uk

Lord McNally: ‘We had to cut legal aid. It’s not a bottomless pit’ – The Guardian

Posted January 30th, 2019 in budgets, human rights, legal aid, legal services, news, probation by sally

‘The Lib-Dem peer says coalition cuts were necessary but have gone too far – people must be able to access justice.’

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The Guardian, 30th January 2019

Source: www.theguardian.com

Elizabeth Adams: Prisoners’ Voting Rights: Case Closed? – UK Constitutional Law Association

Posted January 30th, 2019 in elections, enfranchisement, human rights, news, prisons, Supreme Court by sally

‘On 6 December 2018, the Committee of Ministers of the Council of Europe closed the supervision of the prisoners’ voting rights cases against the United Kingdom (UK) and adopted final resolution CM/ResDH(2018)467. Thirteen years after Hirst v United Kingdom (No.2) (2006) 42 EHRR 41 (Hirst) was made final, the protracted prisoner voting stalemate is over. Case closed. Or is it?’

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UK Constitutional Law Association, 30th January 2019

Source: ukconstitutionallaw.org

Proposed UK law could expose journalists’ emails, say critics – The Guardian

Posted January 30th, 2019 in bills, data protection, disclosure, electronic mail, media, news, privacy by sally

‘British police forces could find it easier to access journalists’ private emails as a result of legislation making its way through parliament, according to freedom of speech campaigners, who are urging politicians to make a last-minute intervention to secure journalistic freedom.’

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The Guardian, 30th January 2019

Source: www.theguardian.com

Government issues guidance for local authorities on Brexit preparations – Local Government Lawyer

Posted January 30th, 2019 in brexit, budgets, EC law, local government, news by sally

‘The Ministry of Housing, Communities and Local Government has issued guidance to assist local authority preparedness for Brexit and announced that it will provide £56.5m in financial support to councils in England.’

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Local Government Lawyer, 29th January 2019

Source: www.localgovernmentlawyer.co.uk

Legal action prompts academy to consider isolation unit criticisms – The Guardian

Posted January 30th, 2019 in disciplinary procedures, judicial review, news, school children by sally

‘An academy chain has pledged to look at criticism of its use of isolation units in a review of its behaviour policy, after a student mounted legal action against the trust.’

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The Guardian, 30th January 2019

Source: www.theguardian.com

Plastic surgeons call for tougher UK rules on dermal fillers – The Guardian

Posted January 29th, 2019 in consumer protection, cosmetic surgery, news by sally

‘A growing number of botched dermal filler procedures in the UK has prompted plastic surgeons to warn that better regulation is needed to protect patients from rogue practitioners.’

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The Guardian, 29th January 2019

Source: www.theguardian.com

More than half of young people in jail are of BME background – The Guardian

Posted January 29th, 2019 in imprisonment, minorities, news, sentencing, statistics, young offenders by sally

‘More than half of the inmates held in prisons for young people in England and Wales are from a black and minority ethnic (BME) background, the highest proportion on record, the prisons watchdog has said, prompting warnings that youth jails have hit “American” levels of disproportionality.’

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The Guardian, 29th January 2019

Source: www.theguardian.com

What are non-disclosure agreements? – BBC News

Posted January 29th, 2019 in disclosure, harassment, injunctions, media, news, non-disclosure agreements, racism by sally

‘Topshop boss Sir Philip Green has dropped his legal action against the Daily Telegraph, which prevented it publishing allegations of racist behaviour and sexual harassment. He had argued that former staff were breaking the law by breaching non-disclosure agreements (NDAs) they had signed. So how do these work?’

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BBC News, 28th January 2019

Source: www.bbc.co.uk

Costs shake-up proposed for landlord-leaseholder disputes – Law Society’s Gazette

Posted January 29th, 2019 in costs, enfranchisement, landlord & tenant, leases, news by sally

‘Landlords would not be able to recover their legal costs from leaseholders unsuccessfully making ‘right-to-manage’ claims under proposals published by the Law Commission today. The aim is to simplify the process under which leaseholders take over day-to-day responsibility for properties – and to discourage landlords from retaining ‘expensive’ lawyers to fight such claims.’

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Law Society's Gazette, 28th January 2019

Source: www.lawgazette.co.uk

UK consulting on overhaul of allergen labelling laws – OUT-LAW.com

Posted January 29th, 2019 in allergies, consultations, consumer protection, food, labelling, news by sally

‘The UK government has announced a consultation into the rules governing allergen information on food which is prepacked and ready to eat.’

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OUT-LAW.com, 28th January 2019

Source: www.out-law.com

The status of allotments – Law Society’s Gazette

Posted January 29th, 2019 in charities, Charity Commission, local government, news, trusts by sally

‘The recent decision of the Upper Tribunal in Densham v Charity Commission [2018] UKUT 0402, in which the Charity Commission made detailed legal submissions, will be of interest to all trust law practitioners as well as those working with local authorities.’

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Law Society's Gazette, 28th January 2019

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 29th, 2019 in legislation by sally

The Social Security (Contributions) (Amendment) Regulations 2019

The Zoonotic Disease Eradication and Control (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2018

The Taxation (Cross-border Trade) Act 2018 (Value Added Tax Transitional Provisions) (EU Exit) Regulations 2019

The Taxation (Cross-border Trade) Act 2018 (Appointed day No. 3) and the Value Added Tax (Postal Packets and Amendment) (EU Exit) Regulations 2018 (Appointed day) (EU Exit) Regulations 2019

The Competition (Amendment etc.) (EU Exit) Regulations 2019

The Value Added Tax and Excise Personal Reliefs (Special Visitors and Goods Permanently Imported) (Amendment) (EU Exit) Regulations 2019

The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019

The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019

The Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations 2019

The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019

The EU Export Credits Legislation (Revocation) (EU Exit) Regulations 2019

The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2019

The Church of England Pensions Measure 2018 (Commencement and Savings) Order 2019

The Church Property Measure 2018 (Commencement) Order 2019

The Control of Mercury (Amendment) (EU Exit) Regulations 2019

The Railways (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations 2019

The Church of England (Miscellaneous Provisions) Measure 2018 (Commencement) Order 2019

The Organic Products (Amendment) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 29th, 2019 in law reports by sally

Court of Appeal (Civil Division)

Seddon v Driver And Vehicle Licensing Agency [2019] EWCA Civ 14 (28 January 2019)

Huddlestone v Bassetlaw District Council [2019] EWCA Civ 21 (25 January 2019)

Shirley & Anor, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government [2019] EWCA Civ 22 (25 January 2019)

Court of Appeal (Criminal Division)

PY, R v (Rev 1) [2019] EWCA Crim 17 (22 January 2019)

High Court (Chancery Division)

Yusuf v Yusuf & Anor [2019] EWHC 90 (Ch) (28 January 2019)

Omers Administration Corporation & Ors v Tesco Plc [2019] EWHC 109 (Ch) (25 January 2019)

Santander UK Plc v Abbey National Treasury Services Plc [2019] EWHC 111 (Ch) (25 January 2019)

High Court (Queen’s Bench Division)

Dymoke v Association for Dance Movement Pyschotherapy UK Ltd [2019] EWHC 94 (QB) (25 January 2019)

Olsen & Anor v Griffin & Ors [2019] EWHC 78 (QB) (25 January 2019)

Kennedy v Frankel [2019] EWHC 106 (QB) (25 January 2019)

Hernandez v Acar & Anor [2019] EWHC 72 (QB) (25 January 2019)

Mohmed v Barnes & Anor [2019] EWHC 87 (QB) (24 January 2019)

Source: www.bailii.org

Information Commissioner calls for FOIA and EIR reform to address outsourcing – Local Government Lawyer

Posted January 29th, 2019 in contracting out, environmental protection, freedom of information, news by sally

‘The Information Commissioner has called for the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) to be updated to include organisations providing a public function.’

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Local Government Lawyer, 28th January 2019

Source: www.localgovernmentlawyer.co.uk

Ep. 63: Whose life is it anyway? Dignity in dying – Law Pod UK

Posted January 29th, 2019 in assisted suicide, news, podcasts by sally

‘Do terminally ill patients have the right to die at the time and place of their choosing, with the attendance of a medical practitioner? The ban on assisted suicide has raised one of the great moral questions of our time. The Chief Executive of Dignity in Dying, Sarah Wootton discusses their campaign to change the law with Rosalind English.’

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Law Pod UK, 28th January 2019

Source: audioboom.com

Breast-ironing: British peer to raise issue in parliament – The Guardian

Posted January 29th, 2019 in child abuse, news, parliament by sally

‘Alex Carlile, one of the UK’s leading QCs who is a former deputy high court judge and a member of the House of Lords, told the Guardian that he hoped to trigger a wider scrutiny of the practice in the UK.’

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The Guardian, 28th January 2019

Source: www.theguardian.com