Research suggests growing use of public spaces protection orders – Local Government Lawyer

‘Councils have enacted a range of public spaces protection orders (PSPOs) since the Anti-Social Behaviour Crime and Policing Act 2014 came into force last October, research by a campaign group has suggested.’

Full story

Local Government Lawyer, 31st March 2015

Source: www.localgovernmentlawyer.co.uk

Google’s misuse of private browsing data entitles individuals to damages – Court of Appeal – UK Human Rights Blog

‘This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’).’

Full story

UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

Illegal immigrant sex offender wins compensation – Daily Telegraph

‘Naseer Chawki, who was jailed for “revolting” sex crimes on a train, is in line for thousands of pounds after a judge ruled he had been unlawfully detained after completing a jail sentence.’

Full story

Daily Telegraph, 31st March 2015

Source: www.telegraph.co.uk

Tackling trafficking: beyond criminalisation – Halsbury’s Law Exchange

‘The Modern Slavery Act 2015 has rightly drawn attention to the issue of trafficking, its role in the modern world and its prevalence in the United Kingdom. It ties together previously piecemeal legislation and creates specific criminal offences of slavery and human trafficking. Yet, to make a practical difference the legislation must go beyond criminalisation. Does the Modern Slavery Act do enough?’

Full story

Halsbury’s Law Exchange, 31st March 2015

Source: www.halsburyslawexchange.co.uk

A4e staff jailed for DWP back-to-work training fraud – BBC News

Posted April 1st, 2015 in conspiracy, employment, forgery, fraud, government departments, news, sentencing by sally

‘Six employees at a back-to-work recruitment company have been jailed for a fraud that saw them falsely claim almost £300,000.’

Full story

BBC News, 31st March 2015

Source: www.bbc.co.uk

Keep legal executives out of the Crown Court, Rivlin report demands – Legal Futures

‘A report for the Bar Council on the future of criminal justice and advocacy has recommended that legal executives are kept out of the Crown Courts, while solicitors should only be granted rights of audience if they have undergone the same level of training as barristers.’

Full story

Legal Futures, 31st March 2015

Source: www.legalfutures.co.uk

Erol Incedal: Student to be sentenced for possessing bomb manual – BBC News

Posted April 1st, 2015 in documents, explosives, news, sentencing, terrorism by sally

‘A law student cleared of plotting a terror attack is to be sentenced for possessing a bomb-making manual.’

Full story

BBC News, 1st April 2015

Source: www.bbc.co.uk

Bupa ad banned for implying private care is better for surviving cancer – The Guardian

‘An ad for Bupa has been banned for implying that cancer patients who receive private healthcare have a higher chance of survival.’

Full story

The Guardian, 1st April 2015

Source: www.guardian.co.uk

Care system gets ‘biggest shake-up in 60 years’ – BBC News

‘Major changes to the care system in England are being introduced in what is being dubbed the biggest shake-up for 60 years.’

Full story

BBC News, 1st April 2015

Source: www.bbc.co.uk

Trials of journalists alleged to have paid money to public officials for private documents halted as CPS holds urgent review of its decision to prosecute – The Independent

‘The first of the eight trials involving journalists alleged to have paid money to public officials for private documents and due to take place between now and September, has been adjourned at the Old Bailey.’

Full story

The Independent, 31st March 2015

Source: www.independent.co.uk

Lord Woolf: 25 years on from Strangeways, prisons are still in crisis – The Guardian

‘Harry Woolf, the former chief justice who wrote the report on the 1991 Strangeways prison riot, says its lessons haven’t been learned.’

Full story

The Guardian, 1st April 2015

Source: www.guardian.co.uk

Criminal Justice, Advocacy and the Bar – The Bar Council

Posted March 31st, 2015 in barristers, criminal justice, news, reports by sally

‘A new report by His Honour Geoffrey Rivlin QC, chair of the Criminal Justice Reform Group, commissioned by the Bar Council, sets out key recommendations for sustaining the criminal justice system in England & Wales.’

Full story

The Bar Council, 31st March 2015

Source: www.barcouncil.org.uk

Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context – Family Law Week

Posted March 31st, 2015 in adoption, care orders, delay, EC law, foreign jurisdictions, news by sally

‘Oliver Jones, barrister of 4 Paper Buildings, and Maria Wright, solicitor of Freemans, currently seconded to the Court of Appeal, analyse a series of recent judgments in which the English courts have considered whether public law children proceedings should be in this jurisdiction or abroad.’

Full story

Family Law Week, 27th March 2015

Source: www.familylawweek.co.uk

Avoidance scheme effective despite HMRC’s attempt to rely on Ramsay – RPC Tax Take

Posted March 31st, 2015 in appeals, corporation tax, HM Revenue & Customs, news, tax avoidance, tribunals by sally

‘In Gemsupa Limited and Consolidated Property Wilmslow Limited v HMRC [2015] UKFTT 0097 (TC), the First-tier Tribunal (Tax Chamber) (“FTT”) found that an avoidance scheme designed to avoid corporation tax on chargeable gains on the disposal of properties through the use of share sales and options to create and then disband a group was effective.’

Full story

RPC Tax Take, 25th March 2015

Source: www.rpc.co.uk

Leaning towards insurable interests – Hardwicke Chambers

Posted March 31st, 2015 in insurance, negligence, news by sally

‘Where a claimant assured has no insurable interest in the subject matter of the insurance, a claim against the insurer will fail. The rationale behind this rule is to preclude the possibility of gambling by the assured. But making good a defence of lack of insurable interest is a challenge. A court is naturally reluctant to accept that no contract exists where an insurer has already accepted an insurance premium. The recent High Court decision in Western Trading Ltd illustrates this reluctance.’

Full story

Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

Libel and slander – Law Society’s Gazette

Posted March 31st, 2015 in defamation, legislation, news by sally

‘The Defamation Act 2013 in some respects reformed the English law on defamation. Here are example cases in which it has been applied since last January.’

Full story

Law Society’s Gazette, 30th March 2015

Source: www.lawgazette.co.uk

Society outrage at ‘back door’ criminal court fees – Law Society’s Gazette

Posted March 31st, 2015 in courts, criminal courts charge, criminal justice, fees, news, trials by sally

‘Suspects pleading not guilty in the Crown court will risk paying a court fee of £1,200 if convicted under guidelines slipped into legislation without debate in the final days of the current parliament.’

Full story

Law Society’s Gazette, 27th March 2015

Source: www.lawgazette.co.uk

Is the defendant worth suing? – Hardwicke Chambers

Posted March 31st, 2015 in civil procedure rules, costs, insurance, negligence, news, regulations by sally

‘“You can’t get blood out of a stone”. “There’s no point in throwing good money after bad”. Many will have found themselves using clichés when advising a claimant where the defendant’s ability to meet any future award is very much in doubt. In professional negligence claims the normal expectation is that the defendant will have professional indemnity insurance cover that will meet any claim, but how can one be sure? And even if there is cover can one find out the level of that cover?’

Full story

Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

Senior male nurse filmed himself raping unconscious women in A&E – The Independent

Posted March 31st, 2015 in guilty pleas, news, nurses, pornography, rape, victims, voyeurism by sally

‘A male nurse has admitted filming himself raping two unconscious women in A&E while patients lay just feet away.’

Full story

The Independent, 30th March 2015

Source: www.independent.co.uk

War inside the court room – UK Human Rights Blog

Posted March 31st, 2015 in armed forces, foreign jurisdictions, human rights, Iraq, news, war by sally

‘The High Court has ruled that the ECHR applies to situations where Iraqi civilians were shot during security operations conducted by British soldiers. When taken together with the parallel cases being brought against the MOD for breach of its Article 2 obligations towards its own soldiers, it appears increasingly likely that any operation undertaken by the British Army in the future will lead to legal challenges being brought against almost every aspect of its actions pre, during and post any use of military force.’

Full story

UK Human Rights Blog, 29th March 2015

Source: www.ukhumanrightsblog.com