Deprivation of liberty under scrutiny at Court of Appeal – Law Society’s Gazette

‘Two years after a Supreme Court landmark ruling led to a surge in applications by local authorities for deprivations of liberty under the Mental Capacity Act, the Court of Appeal is to rule on whether a patient in intensive care can be considered to be in state detention.’

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Law Society’s Gazette, 14th December 2016

Source: www.lawgazette.co.uk

Met Police chief admits officers were ‘confused’ during Operation Midland – Daily Telegraph

Posted December 15th, 2016 in compensation, London, news, police, sexual offences, victims by sally

‘Complainants in sex abuse cases should no longer be automatically believed by police, Sir Bernard Hogan-Howe has said, as he admitted the policy had led to confusion during the Operation Midland investigation.’

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Daily Telegraph, 14th December 2016

Source: www.telegraph.co.uk

Prisoner jailed for 45 years over letters threatening to kill people – The Guardian

Posted December 15th, 2016 in harassment, mental health, news, prisons, sentencing, threatening behaviour by sally

‘A prison inmate who wrote a series of letters from his cell threatening to kill 10 people, including prison staff and police officers, and then have sex with their corpses has been jailed for 45 years.’

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the Guardian, 14th December 2016

Source: www.guardian.co.uk

New police officers face degree requirement – The Guardian

Posted December 15th, 2016 in education, news, police, universities by sally

‘All new police officers in England and Wales will need a degree-level qualification, under plans to get policing fit for the demands of the 21st century. Recruits will have the option of taking up a training post with one of the 43 forces and studying for a degree part-time while working.’

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The Guardian, 15th December 2016

Source: www.guardian.co.uk

Former Army captain Rachel Webster to sue the Government over Ihat raid – Daily Telegraph

Posted December 15th, 2016 in armed forces, damages, Iraq, news, war, wrongful arrest by sally

‘A decorated war veteran has made an emotional demand for the government to shut down its “witch hunt” into historic allegations of abuse in Iraq. Rachel Webster, a former captain, announced she was suing the Ministry of Defence over her wrongful arrest by investigators in January 2014.’

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Daily Telegraph, 14th December 2016

Source: www.telegraph.co.uk

Jailed Marine A’s senior officers ‘missed warning signs’ – BBC News

Posted December 15th, 2016 in appeals, armed forces, courts martial, mental health, murder, news, reports by sally

‘Senior officers missed signs that the unit of a now-jailed marine was suffering from exhaustion, a Royal Navy review has found.’

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BBC News, 14th December 2016

Source: www.bbc.co.uk

Privatisation of probation service has left public at greater risk – report – The Guardian

Posted December 15th, 2016 in contracting out, criminal justice, news, probation, reports by sally

‘The public have been left more at risk by the privatisation of the probation service with some offenders not seen for weeks or months and others lost in the system altogether, according to an official watchdog.’

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The Guardian, 15th December 2016

Source: www.guardian.co.uk

Child abuse inquiry counsel Ben Emmerson cleared – BBC News

Posted December 15th, 2016 in child abuse, harassment, inquiries, news, queen's counsel, sexual offences by sally

‘The former senior counsel to the independent inquiry into historical child sexual abuse in England and Wales has been cleared of allegations of sexual assault and harassment.’

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BBC news, 14th December 2016

Source: www.bbc.co.uk

Review urges higher fees and mandatory training to combat “poor-quality” advice in Youth Courts – Legal Futures

Posted December 14th, 2016 in fees, legal aid, legal education, legal representation, news, youth courts by sally

‘The status and quality of legal representation for children before the Youth Court need to be raised first by an increase in legal aid rates and then by mandatory training for all solicitors and barristers appearing for them, a government-commissioned review has recommended.’

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Legal Futures, 14th December 2016

Source: www.legalfutures.co.uk

The right to disagree – Halsbury’s Law Exchange

Posted December 14th, 2016 in freedom of expression, judiciary, news by sally

‘John F Kennedy said: “Liberty without learning is always in peril and learning without liberty is always in vain.” I don’t agree entirely. Learning is always valuable, but I do agree that liberty is at risk, or in peril, without learning. As individuals, citizens and as lawyers, we have a responsibility to ensure that there is an awareness of, and appreciation for, the justice system in the UK. It is not easy to value something that is not understood.’

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Halsbury’s Law Exchange, 13th December 2016

Source: www.halsburyslawexchange.co.uk

Judges criticise Court of Protection over jailing of woman for contempt – Local Government Lawyer

Posted December 14th, 2016 in contempt of court, Court of Protection, imprisonment, news by sally

‘Appeal judges have criticised the Court of Protection over a case in which a woman was jailed for contempt.’

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Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

Sharia courts have no place in UK family law. Listen to women who know – The Guardian

Posted December 14th, 2016 in families, family courts, islamic law, news, women by sally

‘There must be no religious arbitration in family matters. It leaves minority women vulnerable to control by fundamentalists.’

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The Guardian, 14th December 2016

Source: www.guardian.co.uk

Data use rules set to be loosened under new EU e-Privacy laws, report says – OUT-LAW.com

Posted December 14th, 2016 in data protection, EC law, news, telecommunications by sally

‘New EU laws set to be proposed in January will give telecoms companies more options over how they might use data they gather that relates to customers’ communications, according to a media report.’

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OUT-LAW.com, 13th December 2016

Source: www.out-law.com

Parish council wins High Court planning battle over village needs – Local Government Lawyer

Posted December 14th, 2016 in housing, judicial review, local government, news, planning by sally

‘East Bergholt Parish Council has won a case against Babergh District Council that it said would affect two more planning applications in the district and potentially other rural areas.’

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Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

Briton loses fight to stop Mormon ex-partner taking children to Utah – The Guardian

Posted December 14th, 2016 in child abduction, news by sally

‘A Briton who wanted to stop his former partner taking their children to live in an American state where the Mormon church is based has lost a family court fight.’

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The Guardian, 14th December 2016

Source: www.guardian.co.uk

Nine convicted over student visa English test plot – BBC News

Posted December 14th, 2016 in examinations, fraud, immigration, news, visas by sally

‘Nine people have been convicted of running an immigration fraud linked to English tests for foreign students.’

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BBC News, 13th December 2016

Source: www.bbc.co.uk

Second application for security for costs “not an abuse of process” – Litigation Futures

Posted December 14th, 2016 in abuse of process, consent orders, costs, news by sally

‘A businessman involved in a £132m dispute with property tycoons Nick and Christian Candy has been ordered to provide £5.5m security for costs after the High Court rejected arguments that the application was an abuse of process because the Candys had withdrawn a previous application.’

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Litigation Futures, 13th December 2016

Source: www.litigationfutures.com

Blocking detainees’ access to legal advice websites probably breaches Article 10 ECHR – Free Movement

Posted December 14th, 2016 in detention, human rights, immigration, internet, news by sally

‘Free Movement has reported twice on immigration removal centres (IRCs) blocking access to websites informing detainees of their legal rights. HM Chief Inspector of Prisons criticised Haslar IRC two years ago for having the websites of Bail for Immigration Detainees and Amnesty International blocked.’

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Free Movement, 13th December 2016

Source: www.freemovement.org.uk

Teenager who hacked TalkTalk website given rehabilitation order – The Guardian

Posted December 14th, 2016 in computer crime, confiscation, internet, news, rehabilitation, young offenders by sally

‘A 17-year-old who admitted hacking offences linked to the TalkTalk data breach has been given a 12-month youth rehabilitation order and had his smartphone and computer hard drive confiscated.’

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The Guardian, 13th December 2016

Source: www.guardian.co.uk

Caps off in court – a nasty surprise for copyright infringers – Technology Law Update

Posted December 14th, 2016 in costs, damages, intellectual property, news by sally

‘The Intellectual Property Enterprise Court, affectionately known as IPEC, is a popular choice for enforcement of intellectual property rights. It offers efficient, tailored procedures and a much more predictable costs regime than standard litigation. Costs awarded to a winning party are normally capped at £50,000 and are often well below this. But a recent decision shows that the costs cap can be disregarded when the rules encouraging early settlement are used. This could offer a major advantage to a claimant, and a nasty surprise for a defendant not willing to engage with settlement discussions.’

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Technology Law Update, 14th December 2016

Source: www.technology-law-blog.co.uk