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

Posted April 1st, 2015 in advertising, appeals, compensation, consent, damages, data protection, human rights, internet, interpretation, jurisdiction, news, personal injuries by sally

‘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’).’

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

Illegal immigrant sex offender wins compensation – Daily Telegraph

Posted April 1st, 2015 in compensation, damages, deportation, detention, immigration, news, possession of false identity documents, sexual offences by sally

‘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.’

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Daily Telegraph, 31st March 2015

Source: www.telegraph.co.uk

Tackling trafficking: beyond criminalisation – Halsbury’s Law Exchange

Posted April 1st, 2015 in criminal justice, enforcement, news, trafficking in human beings, victims by sally

‘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?’

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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.’

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BBC News, 31st March 2015

Source: www.bbc.co.uk

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

Posted April 1st, 2015 in advocacy, barristers, competition, Crown Court, legal education, legal executives, legal profession, McKenzie friends, news, quality assurance, rights of audience, solicitors by sally

‘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.’

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Legal Futures, 31st March 2015

Source: www.legalfutures.co.uk

Small Business, Enterprise and Employment Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in employment, legislation, small businesses by sally

Small Business, Enterprise and Employment Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Local Government (Religious etc. Observances) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in legislation, local government by sally

Local Government (Religious etc. Observances) Act 2015 published

Full text of Act

Source: www.legislation.gov.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.’

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BBC News, 1st April 2015

Source: www.bbc.co.uk

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

Posted April 1st, 2015 in advertising, cancer, complaints, consumer protection, medical treatment, news, ombudsmen by sally

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

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

Health and Social Care (Safety and Quality) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in health, legislation, social services by sally

Health and Social Care (Safety and Quality) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Health Service Commissioner for England (Complaint Handling) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in complaints, health, legislation by sally

Health Service Commissioner for England (Complaint Handling) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Modern Slavery Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in legislation, trafficking in human beings by sally

Modern Slavery Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

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

Posted April 1st, 2015 in budgets, care homes, carers, disabled persons, elderly, local government, news, social services by sally

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

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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

Posted April 1st, 2015 in appeals, Crown Prosecution Service, documents, media, misfeasance in public office, news, prosecutions by sally

‘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.’

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The Independent, 31st March 2015

Source: www.independent.co.uk

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

Posted April 1st, 2015 in legal aid, news, prisons, rehabilitation, standards, statistics, suicide, violent disorder by sally

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

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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.’

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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.’

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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.’

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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.’

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Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

Regina v ABC and others; Regina v Sabey – WLR Daily

Posted March 31st, 2015 in appeals, conspiracy, crime, jury directions, law reports, misfeasance in public office by sally

Regina v ABC and others; Regina v Sabey [2015] EWCA Crim 539; [2015] WLR (D) 146

‘In a prosecution for misconduct in public office it was necessary for the judge to make clear that the necessary conduct was not simply a breach of duty or a breach of trust and that the level was one where the conduct was calculated to injure the public interest so as to call for condemnation and punishment, the threshold of conduct being so serious that it amounted to an abuse of the public’s trust in the office holder, and being a high threshold. In relation to aiding and abetting the offence it was not necessary to establish that the office holder intended to cross the threshold: means of knowledge available to the defendant to make the necessary assessment of the seriousness of the principal’s conduct was sufficient. In relation to conspiracy to commit the offence it was not necessary that a defendant knew or intended that the misconduct concerned would meet the requisite threshold of seriousness.’

WLR Daily, 26th March 2015

Source: www.iclr.co.uk