Correcting the joint enterprise law won’t lead to mass prison releases – The Guardian
‘The UK supreme court has made a landmark ruling after 30 years, but what are the implications?’
The Guardian, 18th February 2016
Source: www.guardian.co.uk
Celebrities, the Media and the Personal Data Privacy Wars – Gresham College
‘The Data Protection Act 1998 (DPA) should properly have been called the Data Privacy Act: it is about privacy of personal data and not merely its security. Recent cases – if successful for the claimants – will change the litigation landscape for everyone.’
Gresham College, 27th January 2016
Source: www.gresham.ac.uk
R v Jogee (Appellant) – Supreme Court
R v Jogee (Appellant) [2016] UKSC 8 (YouTube)
Supreme Court, 18th February 2016
Shop Direct Group (Appellant) v Commissioners for Her Majesty’s Revenue and Customs (Respondent) – Supreme Court
Supreme Court, 17th February 2016
Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) – Supreme Court
Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6 (YouTube)
Supreme Court, 10th February 2016
R v Taylor (Appellant) – Supreme Court
R v Taylor (Appellant) [2016] UKSC 5 (YouTube)
Supreme Court, 3rd February 2016
In the matter of B (A child) – Supreme Court
In the matter of B (A child) [2016] UKSC 4 (YouTube)
Supreme Court, 3rd February 2016
UK government considers allowing increased planning fees where councils perform well – OUT-LAW.com
‘Communities secretary Greg Clark has announced that he will consult on whether to reward good performance by certain council planning teams with the opportunity to increase their planning application fees.’
OUT-LAW.com, 16th February 2016
Source: www.out-law.com
Supreme Court abolishes “wrong turn” Joint Enterprise law – UK Human Rights Blog
‘Today the Supreme Court handed down its judgment in the conjoined appeals of R v Jogee and Ruddock v R [2016] UKSC 8, having heard the latter sitting as the Judicial Committee of the Privy Council. Both cases were appeals against murder convictions founded on a discrete principle of secondary liability, sometimes referred to as ‘joint enterprise’, sometimes as ‘parasitic accessorial liability’ (‘PAL’).’
UK Human Rights Blog, 18th February 2016
Source: www.ukhumanrightsblog.com
Jake W. Rylatt and Joseph Tomlinson: Neuberger’s Novelties: Keyu and the Substantive Review Debate – UK Constitutional Law Association
‘Over the past few decades, the question of substantive review has provided one of the liveliest debates in public law. However, despite a myriad of contributions from courts and legal commentators, we are still left with little certainty as to its nature, scope, and structure. As we near 70 years since Lord Greene’s landmark decision in Wednesbury, and despite some interesting and innovative recent additions to the debate, a distinct sense of fatigue has begun to set in.’
UK Constitutional Law Association, 17th February 2016
Source: www.ukconstitutionallaw.org
Is becoming a lawyer still about ‘who you know’? – Legal Week
‘Law student Jasmine Robinson discusses her experience of how the legal profession is taking steps to shake off its elitist reputation.’
Legal Week, 18th February 2016
Source: www.legalweek.com
Virginia Mantouvalou: Modern Slavery? The UK Visa System and the Exploitation of Migrant Domestic Workers – UK Constitutional Law Association
‘Since 2012 migrant domestic workers arrive in the UK under very restrictive visa conditions. The Overseas Domestic Worker visa does not permit them to change employer and ties them to the employer with whom they arrived for a non-renewable period of six months. Domestic workers, particularly when they live in the employers’ household, are a vulnerable group of workers. They are also often excluded from labour protective laws. The UK visa has been heavily criticised by many for creating further vulnerability, and has even been linked to slavery. Between 15,000 and 16,000 such visas are issued each year, according to the Home Office, which does not provide any further information on arrivals but produces data on the nationality of the employers. About 80 per cent come from a very small number of countries in the Middle East.’
UK Constitutional Law Association, 16th February 2016
Source: www.ukconstitutionallaw.org
Joint Enterprise press release from the Appellant’s solicitors – UK Human Rights Blog
‘It is important to note that the draft judgment of the Supreme Court was embargoed from all apart from solicitors and counsel until today so our client, Ameen Jogee, and his family only found out about our success this morning.’
UK Human Rights Blog, 18th February 2016
Source: www.ukhumanrightsblog.com
Police watchdog criticises Met chief’s comments on sexual abuse policy – The Guardian
‘The head of the police watchdog has criticised Scotland Yard’s commissioner for claiming that an official policy to “believe the victim” had caused confusion among his detectives when investigating prominent people for alleged sexual abuse.’
The Guardian, 18th February 2016
Source: www.guardian.co.uk
‘Reputational damage’ fears discouraging corporate fraud investigations, expert warns – OUT-LAW.com
‘Corporate victims of fraud will send a “convincing message about their values” to investors and customers if they set aside their fears of reputational damage in order to publicly investigate and deal with the discovery, an expert has said.’
OUT-LAW.com, 17th February 2016
Source: www.out-law.com
Practice Note on ‘Capacity’ – Zenith PI Blog
‘PI practitioners are not safe from capacity considerations. With an aging population and an increasing population of adults with learning disabilities, queries around capacity, whilst not quite ubiquitous yet, is nonetheless becoming an integral part of a PI practitioner’s essential knowledge. The only problem therefore being that in fact most of us know very little about it. For example that it is not a binary matter – a person can have capacity for one type of decision but not for another. In the PI arena we are most likely to be concerned with capacity to litigate but practitioners should be aware that they may also become embroiled in other questions about capacity for example in relation to welfare issues and/or the management of property and affairs.’
Zenith PI Blog, 18th February 2016
Source: www.zenithpi.wordpress.com
Young offenders confined to cells in prison officers’ protest – The Guardian
‘Staff at a young offenders institute are refusing to let 300 prisoners out of their cells following a sharp rise in violence at the facility.’
The Guardian, 17th February 2016
Source: www.guardian.co.uk
Shop Direct VAT repayments were subject to corporation tax, Supreme Court rules – OUT-LAW.com
‘Catalogue company Shop Direct must pay corporation tax on a £125 million repayment of VAT overpaid by companies in the group that no longer trade, the Supreme Court has confirmed.’
OUT-LAW.com, 18th February 2016
Source: www.out-law.com
Fixed costs: The time is now? – Litigation Futures
‘It has appeared inevitable in recent months that some form of fixed costs scheme will be introduced if the powers that be have their way although it was anticipated smaller claims would be targeted. However, Jackson LJ dropped the hand grenade that all costs involving claims up to £250,000 should be fixed.’
Litigation Futures, 17th February 2016
Source: www.litigationfutures.com
Eight Trends and Eight Challenges to the European Court of Human Rights – UK Human Rights Blog
‘The opening of the Strasbourg Court’s judicial year every January always provides an opportunity for reflection on the themes and challenges which will define the Court’s jurisprudence for the coming year. This year, the theme of the seminar held at the Court to mark that opening was “International and national courts confronting large-scale violations of human rights””. I should like to offer eight predictions as to the other themes which will define the work of the Strasbourg Court this year. Given the Court’s pending caseload is still over 64,000 cases, these predictions are necessarily impressionistic. It will be for readers to judge whether, by this time next year, they have proven accurate.’
UK Human Rights Blog, 16th February 2016
Source: www.ukhumanrightsblog.com
