UK courts are bound by UK rulings, not Strasbourg decisions, says Admin Court – Leanne Woods – UK Human Rights Blog

Posted June 19th, 2015 in compensation, human rights, miscarriage of justice, news by sally

‘R (Victor Nealon) v Secretary of State for Justice : R (Sam Hallam) v Secretary of State for Justice [2015] EWHC 1565 (Admin), 8 June 2015. As Michael Gove contemplates the future of the Human Rights Act 1998, the High Court has considered how far the presumption of innocence in Article 6(2) ECHR spreads into decisions on payment of compensation for a miscarriage of justice. In doing so, Burnett LJ also managed to find some less than complimentary sentiments about the Strasbourg court’s decision-making.’

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UK HUamn Rights Blog, 19th June 2015

Source: www.ukhumanrightsblog.com

Consultation on proposed amendments to allocation guideline – Sentencing Council

Posted June 19th, 2015 in Crown Court, magistrates, press releases, trials by sally

‘The Sentencing Council has launched a consultation on proposed amendments to the allocation guideline.’

Full press release

Sentencing Council, 19th June 2015

Source: http://sentencingcouncil.judiciary.gov.uk

Consumer Prepayments on Retailer Insolvency – Law Commission

Posted June 19th, 2015 in consultations, consumer protection, insolvency, news by sally

‘In a consultation paper published on 18 June 2015, the Law Commission considers whether prepaying consumers should be better protected in the event of company insolvency, either through improved voluntary mechanisms or required by law.’

Full press release

Law Commission, 18th June 2015

Source: www.lawcommission.justice.gov.uk

Woman sentenced for pretending to be a barrister – Crown Prosecution Service

Posted June 19th, 2015 in forgery, impersonating a barrister, news, sentencing by sally

‘A former Guildford Borough Councillor has been sentenced to 14 months imprisonment, suspended for two years, after pleading guilty to forging her qualifications and claiming to be a qualified barrister.’

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Crown Prosecution Service, 15th June 2015

Source: www.cps.gov.uk

Guidance Notes for Chancery Masters following Changes to Practice Direction 2B – Courts and Tribunals Judiciary

Posted June 19th, 2015 in civil justice, injunctions, judiciary, news by sally

‘Guidance Notes for Chancery Masters following Changes to Practice Direction 2B.’

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Courts and Tribunals Judiciary, 16th June 2015

Source: www.judiciary.gov.uk

Surge in ‘DIY’ justice sparks guidelines for lawyers – The Bar Council

Posted June 19th, 2015 in legal profession, litigants in person, press releases by sally

‘A surge in the number of people representing themselves in court has prompted legal organisations to draft guidelines for lawyers who come up against people who find themselves in court without legal representation.’

Full press release

The Bar Council, 18th June 2015

Source: www.barcouncil.org.uk

Relief from Sanctions in the Family Courts – Family Law Week

Posted June 19th, 2015 in children, civil procedure rules, costs, delay, news, penalties by sally

‘Chris Barnes, 4 Paper Buildings, and Jane Wells and James Billingham, Harney and Wells Solicitors, consider the lessons of H (Children) in which they acted for the appellant father.’

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Family Law Week, 14th June 2015

Source: www.familylawweek.co.uk

Child Abduction and Inchoate Rights – Family Law week

Posted June 19th, 2015 in child abduction, law reports, parental responsibility, treaties by sally

‘Marie Crawford, barrister of Becket Chambers, considers one of the most significant developments in relation to child abduction cases in the last thirty years.’

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Family Law Week, 11th June 2015

Source: www.familylawweek.co.uk

Defendants should be allowed to waive their right to trial by jury – The Guardian

Posted June 19th, 2015 in appeals, criminal justice, juries, news, trials by sally

‘The UK criminal justice system needs to do more with less. Sir Brian Leveson’s recommendations would introduce some sensible flexibility to it.’

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The Guardian, 18th June 2015

Source: www.guardian.co.uk

Government ordered to publish redacted fracking report in full – The Guardian

Posted June 19th, 2015 in energy, environmental protection, fracking, freedom of information, news, reports by sally

‘A heavily-redacted government report on the impacts of fracking on house prices, businesses and services in rural areas must be published in full, the UK’s information commissioner has ruled.’

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The Guardian, 18th June 2015

Source: www.guardian.co.uk

Shoppers ‘duped’ by millions of fake online reviews – Daily Telegraph

Posted June 19th, 2015 in advertising, consumer protection, inquiries, internet, news by sally

‘Shoppers who use the internet to research hotels, books, electronics and other purchases are being misled by millions of “fake” reviews orchestrated by companies to trick potential customers, the consumer watchdog warns today as it begins an inquiry.’

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Daily Telegraph, 19th June 2015

Source: www.telegraph.co.uk

Welsh government job advert breached language policy – BBC News

Posted June 19th, 2015 in advertising, government departments, news, Wales, Welsh language by sally

‘An advert by the Welsh government to recruit the new children’s commissioner breached its own Welsh language policy, an investigation has found.’

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BBC News, 19th June 2015

Source: www.bbc.co.uk

Referral fees in criminal cases could lead to “arrest chasing” – Legal Futures

Posted June 18th, 2015 in barristers, consultations, crime, fees, legal aid, news, solicitors, third parties by sally

‘Removing the ban on referral fees in criminal cases could lead to “arrest chasing” by solicitors, the Bar Council has warned, and result in “as much public opprobrium” as ambulance chasing.’

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Legal Futures, 17th June 2015

Source: www.legalfutures.co.uk

Students awarded £400,000 compensation after complaints – BBC News

Posted June 18th, 2015 in compensation, complaints, news, universities by sally

‘Universities in England and Wales paid £400,000 in compensation to students last year, following complaints.’
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BBC News, 18th June 2015

Source: www.bbc.co.uk

Courts given stronger powers to strike out ‘fundamentally dishonest’ claims, says expert – OUT-LAW.com

Posted June 18th, 2015 in fraud, fundamental dishonesty, insurance, news, personal injuries, striking out by sally

‘Courts in England and Wales now have the power to strike out personal injury claims in their entirety if the person making the claim has been fundamentally dishonest, even if parts of the claim were genuine.’
Full story

OUT-LAW.com, 17th June 2015

Source: www.out-law.com

Good news and bad for challenges to ETS fraud decisions – Free Movement

Posted June 18th, 2015 in appeals, fraud, immigration, news, tribunals, visas by sally

‘The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyone directly affected by the ongoing ETS saga and for their legal representatives.’

Full story

Free Movement, 18th June 2015

Source: www.freemovement.org.uk

Court of Appeal comments on deprivation of liberty and being party to proceedings – Local Government Lawyer

Posted June 18th, 2015 in appeals, Court of Protection, deprivation of liberty safeguards, human rights, jurisdiction, local government, news by sally

‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for dealing with certain types of deprivation of liberty cases.’

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Local Government Lawyer, 16th June 2015

Source: www.localgovernmentlawyer.co.uk

Paul Bernal: Privacy, Surveillance and Brexit…. – UK Constitutional Law Association

Posted June 18th, 2015 in brexit, constitutional law, EC law, human rights, investigatory powers, news, privacy, treaties by sally

An Englishman’s home is his castle, so the old saying goes, and it might be thought that the implication is that the English place a special importance on privacy. The reverse, however, seems to be the case, when the law is considered – for much of the law that provides protection for our privacy, particularly in relation to surveillance, does not originate in the UK but in Europe. With the perfect storm of possible ‘Brexit’ and the potential repeal of the Human Rights Act (HRA), that might leave our privacy in an even more precarious state than it currently is. The so-called ‘British Bill of Rights’ has yet to see the light of day: one of the key questions could be what provision it makes for privacy, particularly in relation to the internet and other forms of communications.
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UK Constitutional Law Association, 18th June 2015

Source: www.ukconstitutionallaw.org

International students – Education Law Blog

Posted June 18th, 2015 in education, immigration, ministers' powers and duties, news, universities, visas by sally

‘R (London College of Finance and Accounting) v Secretary of State for the Home Department (2015) EWHC 1688 (Admin) is yet another decision on an attempted judicial review of the suspension and/or revocation of a Tier 4 Sponsor Licence. The power of the Secretary of State (“the SoS”) to issue and regulate Tier 4 Sponsor Licences is one of a range of ancillary and incidental administrative powers vested in the SoS. The regime is effectively run by the ‘UK Visas and Immigration’ (“UKVI”) section within the Home Office and its operation is governed not by the Immigration Act 1971 itself, but within policy guidance documentation (‘Sponsor Guidance’) which is issued and amended on behalf of the SoS with “bewildering frequency” (per Lord Sumption in New London College).’

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Education Law Blog, 18th June 2015

Source: www.education11kbw.com

Bartle Frere, ex-BA pilot, jailed for child sex abuse – BBC News

Posted June 18th, 2015 in child abuse, news, retrials, sentencing, sexual offences by sally

‘A paedophile who carried out child sex crimes during stopovers while working as a British Airways pilot has been jailed for 12 years and six months.

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BBC News, 17th June 2015

Source: www.bbc.co.uk