‘With the post-election dust barely settled, the Human Rights Act is firmly in the Conservatives’ sights. Caught in the crosshairs is section 2 HRA, which requires UK courts to take into account, but not necessarily follow, the case law of the European Court of Human Rights.’
Full story
UK Human Rights Blog, 19th May 2015
Source: www.ukhumanrightsblog.com
‘In MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) [Our report], we saw the Upper Tribunal accept the DWP argument on the position of ‘shared care’ families for bedroom tax purposes. In short, the child’s only ‘home’ was with the person receiving child benefit. It may yet turn out to be significant that that decision was not the result of an argued hearing, only the DWP turning up.’
Nearly Legal, 19th May 2015
Source: www.nearlylegal.co.uk
‘Titina Nzolameso on her successful fight to be rehoused after the benefits cap left her homeless and her children being taken into care, and the impact this could have on similar cases.’
The Guardian, 20th May 2015
Source: www.guardian.co.uk
‘The Parliamentary and Health Service Ombudsman’s report found ‘tragic’ cases of patients spending their last days in ‘unnecessary pain’.’
Daily Telegraph, 20th May 2015
Source: www.telegraph.co.uk
‘A doctor who inappropriately touched two midwives while on duty has been found guilty of misconduct.’
BBC News, 19th May 2015
Source: www.bbc.co.uk
‘The issue of when the Upper Tribunal might make a mandatory order requiring the Home Office to act in a specific way was considered in the case of R (on the application of Sultana) v Secretary of State for the Home Department (mandatory order – basic principles) IJR [2015] UKUT 226 (IAC).’
Free Movement, 20th May 2015
Source: www.freemovement.org.uk
‘An airline steward who tried to smuggle fake passports by hiding them in a pair of specially adapted underpants has been jailed for five years.’
Full story
The Guardian, 19th May 2015
Source: www.guardian.co.uk
‘The home secretary, Theresa May, is to pledge up to £15m of new funding to provide health-based alternatives for the 4,000 people a year who spend time in detention in police cells under the Mental Health Act.’
The Guardian, 20th May 2015
Source: www.guardian.co.uk
‘In my last post on the proposed repeal of the Human Rights Act 1998 and the enactment of a British Bill of Rights, I considered the extent to which the House of Lords might thwart the Government’s plans. My conclusion was that the Lords might plausibly assert itself so as to delay the legislation, traditional understandings of the Salisbury Convention notwithstanding, but that the Parliament Act 1911 clearly deprives the Lords of any absolute veto. What, however, of the devolved nations? Could they block the implementation of the UK Government’s proposals?’
UK Constitutional Law Association, 16th May 2015
Source: www.ukconstitutionallaw.org
‘The Information Commissioner’s Office has imposed a £160,000 monetary penalty on a police force after it lost DVDs of an interview which formed part of the evidence in a sexual abuse case.’
Local Government Lawyer, 18th May 2015
Source: www.localgovernmentlawyer.co.uk
‘The nurse convicted of murdering patients was caught after a night of curious incidents, but his motive remains a mystery.’
The Guardian, 18th May 2015
Source: www.guardian.co.uk
‘So Max Mosley has done a deal with Google in respect of his claim that Google had breached his rights under the DPA 1998 by refusing to block certain images and videos accessible via the Google search engine (see this FT article which suggests that the settlement also applies to claims brought by Mr Mosley in Germany and France). The settlement of the claim, which follows on from Google’s failed strike out application (discussed further below), leaves unanswered a number of really important questions concerning the application of data protection rights in the online world. Not least, the settlement leaves open the question of the extent to which the so-called ‘right to be forgotten’ can operate so as to force internet search engines, not only to de-index individual URLs on request, but also to block access to the offending data globally (i.e. as ISEs already do, for example, where images of child pornography are identified).’
Panopticon, 18th May 2015
Source: www.panopticonblog.com
‘Two teenagers who kidnapped then “tortured” a girl aged 14 by pouring salt down her throat and making her perform a sex act have been sentenced.’
BBC News, 18th May 2015
Source: www.bbc.co.uk
‘The court can depart from the usual rule in CPR r.38.6(1) that a Claimant who has discontinued their claim is liable for the costs which a Defendant has incurred and, alternatively, order that the Defendant pay a part of the Claimant’s costs.’
Zenith PI Blog, 18th May 2015
Source: www.zenithpi.wordpress.com
‘On 13th April, the Guardian were finally able to publish the ‘black spider memos,’ private correspondence between Prince Charles and several government departments between September 2004 and March 2005.’
Halsbury’s Law Exchange, 18th May 2015
Source: www.halsburyslawexchange.co.uk
‘Conducting business through a company provides tremendous benefits. The price to be paid for these benefits is disclosure – companies are required to disclose substantial amounts of information, with much of this information being disclosed to Companies House. Every day, suppliers, creditors, potential investors, credit agencies and other persons utilise information provided by Companies House to make informed commercial decisions. It is therefore vital that when Companies House records this information into the register of companies, that it is recorded accurately, with the recent case of Sebry v Companies House [2015] EWHC 115 (QB) providing a stark example of the disastrous consequences that can occur if information is incorrectly recorded.’
OUP Blog, 19th May 2015
Source: http://blog.oup.com
‘The drink-driving limit should be lowered in England and Wales to match the threshold in Scotland, the Police Federation has suggested.’
The Guardian, 19th May 2015
Source: www.guardian.co.uk
‘A man who repeatedly raped a girl from the age of 12 and sold her for sex at dogging sites has been jailed.’
BBC News, 18th May 2015
Source: www.bbc.co.uk
‘Lawyers successfully argue that group of 15 people were discriminated against when they were denied entry to The Coronet pub.’
Daily Telegraph, 18th May 2015
Source: www.telegraph.co.uk
‘Two men have been jailed for the “barbaric” torture and killing of a baby deer in a video they filmed on a mobile phone in Wales.’
The Independent, 19th May 2015
Source: www.independent.co.uk
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