What’s in a Junior Civil Servant’s Name? Personal Data Stoopid – Panopticon

Posted April 24th, 2018 in civil servants, data protection, disclosure, news, tribunals by sally

‘If there is one thing everyone using FOIA is used to, it is the idea that the personal data (names, contact details) of ‘junior civil servants’ will be redacted out of the disclosed information, applying the section 40(2) personal data exemption. Unless there is a good reason not to. But what if everyone is wrong? Is redacting junior civil servants just a personal data shibboleth?’

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Panopticon, 23rd April 2018

Source: panopticonblog.com

Big firms share LGBT knowledge in SRA mentoring scheme – Legal Futures

Posted April 24th, 2018 in homosexuality, legal profession, news, pilot schemes, Solicitors Regulation Authority by sally

‘Small and medium-sized law firms will get free help and advice from some of the biggest firms in the country on how to become more inclusive employers under a pilot scheme launched this month by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 24th April 2018

Source: www.legalfutures.co.uk

When does rehabilitation create a ‘right to be forgotten’? – UK Human Rights Blog

Posted April 24th, 2018 in data protection, human rights, internet, news, privacy, rehabilitation by sally

‘In NT1 and NT2 v Google LLC, Mr Justice Warby considered whether Google should be required to ‘de-list’ links in its search results to articles about the spent historic convictions of two businessmen under what is commonly called the ‘right to be forgotten’. He held it was in the case of one claimant, but not the other.’

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UK Human Rights Blog, 20th April 2018

Source: ukhumanrightsblog.com

Employees win Court of Appeal dispute with council over pay increases – Local Government Lawyer

Posted April 24th, 2018 in appeals, contract of employment, employment, local government, news, remuneration by sally

‘Nottingham City Council has lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases with effect from April 2011.’

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Local Government Lawyer, 23rd April 2018

Source: www.localgovernmentlawyer.co.uk

No “special treatment” for LiP as judge weighs interests of represented party and the public – Litigation Futures

Posted April 24th, 2018 in civil justice, litigants in person, news by sally

‘A litigant in person (LiP) is not to be given “special treatment” as the rules in the part of the law his case concerns are neither hard to find nor “particularly difficult to understand”, the High Court has ruled.’

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Litigation Futures, 24th April 2018

Source: www.litigationfutures.com

NHS England faces first legal challenge to plans for health shake-up – The Guardian

Posted April 24th, 2018 in budgets, health, hospitals, illegality, judicial review, news by sally

‘NHS England faces a legal challenge to its plans to overhaul how the health service operates, which critics say are unlawful and could lead to patients being denied treatment.’

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The Guardian, 23rd April 2018

Source: www.theguardian.com

Security services ‘to get more power to stop attacks’ – BBC News

Posted April 24th, 2018 in intelligence services, news, police, reports, terrorism by sally

‘Police and security services are to get more powers and resources to stop terror attacks at an earlier stage, according to the Sunday Times.’

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BBC News, 22nd April 2018

Source: www.bbc.co.uk

Students take court action over hours lost during strike – The Guardian

Posted April 24th, 2018 in compensation, industrial action, news, pensions, teachers, universities by sally

‘More than 1,000 students have signed up to a lawsuit seeking compensation for lost teaching hours during recent strike action by university staff, which could cost universities millions of pounds.’

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The Guardian, 24th April 2018

Source: www.theguardian.com

Parents facing ‘unfair child abuse claims’ over bruising – BBC News

Posted April 24th, 2018 in child abuse, children, health, news, parental rights, social services by sally

‘Parents are being investigated for possible child abuse because of the misinterpretation of guidelines on bruising in babies, it’s claimed.’

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BBC News, 24th April 2018

Source: www.bbc.co.uk

Divorce should be done online in ‘one stop shop’, says President of Supreme Court – Daily Telegraph

Posted April 24th, 2018 in divorce, internet, judges, news, speeches by sally

‘Couples should be able to divorce online in a “one stop shop”, the President of the Supreme Court has said as she argues that blame should be take out of the process as it is “unjust” and “discriminatory”.’

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Daily Telegraph, 23rd April 2018

Source: www.telegraph.co.uk

Stephen Lawrence Day to be held annually – BBC News

Posted April 24th, 2018 in commemorations, murder, news, young persons by sally

‘A national day of commemoration for murdered teenager Stephen Lawrence will take place on 22 April every year, the prime minister has said.’

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BBC News, 23rd April 2018

Source: www.bbc.co.uk

New Europe law makes it easy to find out what your boss has said about you – The Guardian

Posted April 24th, 2018 in company law, data protection, EC law, employment, freedom of information, news, penalties, regulations by sally

‘General Data Protection Regulation holds that anyone in Europe can ask any company for the data it has on them.’

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The Guardian, 24th April 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 23rd, 2018 in legislation by sally

The Network and Information Systems Regulations 2018

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment No. 2) Regulations 2018

The Civil Enforcement of Traffic Contraventions (Consequential Amendments) (England) Regulations 2018

The Export (Penalty) (Amendment) Regulations 2018

The Pigs (Records, Identification and Movement) (Amendment) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 23rd, 2018 in law reports by sally

Court of Appeal (Civil Division)

London Borough of Lambeth v Secretary of State for Communities And Local Government & Ors [2018] EWCA Civ 844 (20 April 2018)

Moorthy v Revenue And Customs [2018] EWCA Civ 847 (20 April 2018)

Hickey v The Secretary of State for Work and Pensions [2018] EWCA Civ 851 (20 April 2018)

Green v Southern Pacific Mortgage Ltd & Anor [2018] EWCA Civ 854 (20 April 2018)

High Court (Administrative Court)

SC & Ors v Secretary of State for Work And Pensions & Ors[2018] EWHC 864 (Admin) (20 April 2018)

Mazana, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 650 (Admin) (20 April 2018)

High Court (Chancery Division)

Old Mutual Plc, Re [2018] EWHC 873 (Ch) (20 April 2018)

Lifestyle Equities CV & Anor v Sportsdirect.Com Retail Ltd & Ors [2018] EWHC 728 (Ch) (20 April 2018)

Nutt & Anor v Nutt [2018] EWHC 851 (Ch) (19 April 2018)

High Court (Commercial Court)

Joseph v LEBC Group Ltd [2018] EWHC 876 (Comm) (20 April 2018)

Akcine Bendrove Bankas Snoras v Antonov & Ors [2018] EWHC 887 (Comm) (20 April 2018)

High Court (Queen’s Bench Division)

Farah v Abdullahi & Ors [2018] EWHC 738 (QB) (20 April 2018)

Source: www.bailii.org

Prejudice to commercial interests – Local Government Law

Posted April 23rd, 2018 in disclosure, freedom of information, news, public interest by sally

‘In Case No. EA/2017/0057, Hartlepool Borough Council v The Information Commissioner, the FTT was concerned with whether under FoIA Section 43(2) disclosure would or would be likely to prejudice the commercial interests of any party and if so whether the public interest in maintaining that exemption outweighs the public interest in disclosure. The FTT upheld the Commissioner’s Decision that the disputed information must be disclosed. The Borough Council’s Appeal was dismissed.’

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Local Government Law, 18th April 2018

Source: local-government-law.11kbw.com

Insurer must compensate solicitor whose clients it induced to settle – OUT-LAW.com

Posted April 23rd, 2018 in compensation, costs, fees, insurance, news, personal injuries, solicitors by sally

‘An insurer which offered to settle directly with personal injury claimants who had filed notices of their claims on the Road Traffic Accidents Portal (RTA Portal) must compensate the claimants’ solicitors, who would otherwise have been entitled to costs by virtue of a conditional fee agreement (CFA).’

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OUT-LAW.com, 20th April 2018

Source: www.out-law.com

Supreme Court limits ‘negotiating damages’ for restrictive covenant breaches – OUT-LAW.com

Posted April 23rd, 2018 in damages, economic loss, news, restrictive covenants, Supreme Court by sally

‘Damages awarded to the owners of a care business for the breach by their former business partners of a non-compete clause and other restrictive covenants should be calculated based on their actual financial loss, rather than hypothetical “negotiating damages”, the UK’s highest court has ruled.’

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OUT-LAW.com, 20th April 2018

Source: www.out-law.com

Veronika Fikfak and Hayley J. Hooper: Whither the War Powers Convention? What Next for Parliamentary Control of Armed Conflict after Syria? – UK Constitutional Law Association

Posted April 23rd, 2018 in armed forces, constitutional law, news, parliament, use of force by states, war, weapons by sally

‘On Friday 13 April 2018 the Royal Air Force participated in air strikes (together with the United States and France) to degrade the Syrian regime’s chemical weapons capability and to deter further chemical attacks. This intervention in Syria was not authorised by the UN Security Council, nor was the involvement of British troops approved by the House of Commons. Instead, the decision to send British forces to Syria was made by The Prime Minister Theresa in conjunction with the Cabinet. Readers can view her public statement from 14 April 2018 here. Events unfolded this way despite governmental acknowledgement of a War Powers Convention in the 2011 Cabinet Manual.’

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UK Constitutional Law Association, 20th April 2018

Source: ukconstitutionallaw.org

Headline- Round Up: Sir Cliff Richard’s case against the BBC reaches the High Court – UK Human Rights Blog

Posted April 23rd, 2018 in data protection, media, news, privacy by sally

‘The legal battle between Sir Cliff Richard and the BBC has begun in the High Court. In August 2014, police raided Sir Cliff’s home based on an allegation of historic child sexual abuse. The BBC broadcast live footage of the raid filmed from a helicopter. The singer was interviewed under caution, but never charged. Sir Cliff alleges that the BBC’s coverage of the police raid on his home was a serious invasion of his right to privacy, for which there was no lawful justification. He also alleges breaches of his data protection rights. The singer seeks substantial general damages, plus £278,000 for legal costs, over £108,000 for PR fees which he spent in order to rebuild his reputation, and an undisclosed sum relating to the cancellation of his autobiography’s publication. He began giving evidence on the first day of the hearing.’

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UK Human Rights Blog, 23rd April 2018

Source: ukhumanrightsblog.com

Case Comment: R (Gibson) v Secretary of State for Justice [2018] UKSC 2 – Supreme Court Blog

Posted April 23rd, 2018 in confiscation, enforcement, news, statutory interpretation, Supreme Court by sally

‘On one view this is perhaps the most esoteric of the 28 appeals regarding the confiscation or civil recovery legislation which have been determined by the House of Lords, Privy Council or Supreme Court over the past 24 years.’

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Supreme Court Blog, 20th April 2018

Source: ukscblog.com