Divisional Court strikes down DRIPA communications data law – UK Human Rights Blog

Posted July 21st, 2015 in conflict of laws, EC law, electronic mail, human rights, legislation, news by sally

‘R (ota Davis et al) v. Secretary of State for Home Department [2015] EWHC 2092 – 17 July 2015. When a domestic Act of Parliament is in conflict with EU law, EU law wins. And when a bit of the EU Charter (given effect by the Lisbon Treaty) conflicts with an EU Directive, the EU Charter wins. Which is why the Divisional Court found itself quashing an Act of Parliament on Friday – at the behest of four claimants, including two MPs, the Tories’ David Davis and Labour’s Tom Watson.’

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UK Human Rights blog, 19th july 2015

Source: www.ukhumanrightsblog.com

Solicitor-advocates harming family justice – bar – Law Society’s Gazette

Posted July 21st, 2015 in advocacy, barristers, family courts, legal representation, news, solicitor advocates by sally

‘he bar has called for an independent review of advocacy in family law, over ‘a growing concern’ that an increase in the number of solicitors in conduct hearings has led to a decline in standards and ‘unjust’ outcomes.’

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Law Society’s Gazette, 20th July 2015

Source: www.lawgazette.co.uk

Regina (Sanjari) v Crown Court at Birmingham – WLR Daily

Posted July 21st, 2015 in criminal procedure, law reports, legal aid, legal representation, regulations by sally

Regina (Sanjari) v Crown Court at Birmingham: [2015] EWHC 2037 (Admin); [2015] WLR (D) 307

‘Judges of the Crown Court should subject applications to transfer representation under regulation 14 of the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013 to rigorous and searching scrutiny.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

Banque Cantonale de Geneve v Polevent Ltd and others – WLR Daily

Posted July 21st, 2015 in conflict of laws, EC law, foreign jurisdictions, law reports, regulations, restitution by sally

Banque Cantonale de Geneve v Polevent Ltd and others: [2015] EWHC 1968 (Comm); [2015] WLR (D) 304

‘The law governing a claim in restitution was the law of the country in which the unjust enrichment took place pursuant to article 10(3) of Parliament and Council Regulation (EC) No 864/2007.’

WLR Daily, 10th July 2015

Source: www.iclr.co.uk

Feest v South West Strategic Health Authority (Bay Island Voyages, third party) – WLR Daily

Posted July 21st, 2015 in appeals, damages, law reports, personal injuries, shipping law, time limits, treaties by sally

Feest v South West Strategic Health Authority (Bay Island Voyages, third party):[2015] EWCA Civ 708; [2015] WLR (D) 306

‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

Finance & Divorce Update July 2015 – Family Law Week

Posted July 21st, 2015 in divorce, financial provision, news, parental rights by sally

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases from June 2015.’

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Family Law Week, 19th July 2015

Source: www.familylawweek.co.uk

UK parents to get power to cancel children’s passports over Isis fears – The Guardian

Posted July 21st, 2015 in forced marriages, freedom of expression, Islam, media, news, parental rights, passports, terrorism by sally

‘Parents worried that their children may be about to travel to Syria or Iraq to join Islamic State (Isis) will be able to apply for their child’s passport to be cancelled, David Cameron has announced in a speech setting out his five-year counter-extremism strategy.’

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The Guardian, 20th July 2015

Source: www.guardian.co.uk

Theresa May unlawfully detained potential trafficking victims, court rules – The Guardian

Posted July 21st, 2015 in detention, immigration, news, trafficking in human beings, victims by sally

‘The home secretary, Theresa May, failed to protect three potential victims of trafficking who were locked up in an immigration detention centre, a high court judge has ruled.’

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The Guardian, 20th July 2015

Source: www.guardian.co.uk

Locked-in syndrome man loses challenge over right to die – BBC News

Posted July 21st, 2015 in assisted suicide, doctors, human rights, news by sally

‘A man with locked-in syndrome has lost a High Court battle over guidelines which prevent doctors from assisting patients to end their lives.’

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BBC News, 20th July 2015

Source: www.bbc.co.uk

IPCC: officers should face disciplinary hearings over Plebgate meeting – The Guardian

Posted July 21st, 2015 in complaints, disciplinary procedures, news, police, professional conduct by sally

‘Two Police Federation officials who were accused by MPs of giving misleading evidence about the Plebgate affair should face disciplinary hearings for gross misconduct, the Independent Police Complaints Commission (IPCC) has decided.’

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The Guardian, 20th July 2015

Source: www.guardian.co.uk

Foreigners must disclose criminal records to come to UK – but European Union is exempt – Daily Telegraph

Posted July 21st, 2015 in criminal records, disclosure, immigration, news, visas by sally

‘Immigrants from outside Europe will be required to provide details of their criminal records or be refused entry to Britain, under new measures to be introduced by the Government. From September everyone applying to come to Britain under certain visa routes will have to provide proof of criminal record checks from every country they have lived in for the last 10 years.’

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Daily Telegraph, 20th July 2015

Source: www.telegraph.co.uk

Government to overhaul ‘out of date’ police funding system – The Guardian

Posted July 21st, 2015 in consultations, news by sally

‘The system used to decide how much money police forces receive is to be overhauled, the government has announced. Ministers say they want to replace the “out-of-date” funding model with a simplified version. They will consult on proposals to tie the sums given to forces in England and Wales to factors such as the size of an area’s population.’

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The Guardian, 21st July 2015

Source: www.guardian.co.uk

South Yorkshire police still falling short on child protection, says inspector – The Guardian

Posted July 21st, 2015 in children, crime prevention, news, police, reports by sally

‘South Yorkshire police still need to make “major improvements” to child protection, three years after the Rotherham child sex abuse scandal, according to Her Majesty’s Inspectorate of Constabulary (HMIC).’

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The Guardian, 21st July 2015

Source: www.guardian.co.uk

‘Common sense’ plea over ambulance speeding fines – BBC News

Posted July 21st, 2015 in dangerous driving, emergency services, fines, news, paramedics, speed cameras by sally

‘Ambulance trusts spent hundreds of hours having to appeal against speeding fines issued to emergency vehicles by police forces.’

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BBC News, 21st July 2015

Source: www.bbc.co.uk

Fake locum doctor sentenced – Crown Prosecution Service

Posted July 20th, 2015 in assets recovery, doctors, fraud, news, possession of false identity documents, proceeds of crime, sentencing by sally

‘A man who pretended to be a qualified doctor has been sentenced at Canterbury Crown Court to six years in prison.’

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Crown Prosecution Service, 17th July 2015

Source: www.cps.gov.uk

Former employee found guilty over Morrisons data theft – Crown Prosecution Service

Posted July 20th, 2015 in abuse of position of trust, computer crime, costs, data protection, disclosure, fraud, news, privacy, sentencing, theft by sally

‘Andrew Skelton, a former employee of Morrisons supermarket has today (17 July) been found guilty of fraud, securing unauthorised access to computer material and disclosing personal data. He has been sentenced to eight years at Bradford Crown Court, in relation to stealing personal data belonging to nearly 100,000 Morrisons employees.’

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Crown Prosecution Service, 17th July 2015

Source: www.cps.gov.uk

McKenzie friends rebuff from bar – Law Society’s Gazette

Posted July 20th, 2015 in barristers, legal services, McKenzie friends, news, rights of audience by sally

‘Paid McKenzie friends should not be allowed to speak in court, the Bar Council has said, responding to “serious concerns” about the negative impact they can have on the administration of justice.’

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Law Society’s Gazette, 20th July 2015

Source: www.lawgazette.co.uk

Chambers offers legal advice through ‘video surgeries’ – Law Society’s Gazette

Posted July 20th, 2015 in barristers, costs, internet, legal services, news, solicitors by sally

‘Direct access barristers at a virtual chambers are offering advice through “video surgeries” in a bid to become the first port of call for legal services.’

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Law Society’s Gazette, 201th July 2015

Source: www.lawgazette.co.uk

Police secure first FGM protection order – Daily Telegraph

Posted July 20th, 2015 in children, enforcement, female genital mutilation, news, passports, police by sally

‘Order prevents travel by two young girls thought to be at risk of being taken to Africa for FGM.’

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Daily Telegraph, 17th July 2015

Source: www.telegraph.co.uk

Terrorism sympathiser jailed for 33 months – The Guardian

Posted July 20th, 2015 in internet, news, sentencing, terrorism, video recordings by sally

‘A terrorism sympathiser who translated extremist videos and uploaded them to YouTube has been jailed for 33 months. Muhammad Suleman, 25, from Crumpsall, near Manchester, pleaded guilty to distributing or circulating a video entitled Flames of War as well as an electronic version of al-Qaida magazine, Inspire 12.’

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The Guardian, 17th July 2015

Source: www.guardian.co.uk