Domestic CCTV users may face tougher rules – The Guardian

‘Homeowners who use a domestic surveillance camera system on their properties but fail to take their neighbours’ privacy into account could face tougher rules in future, a Home Office watchdog has said.’

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The Guardian, 16th December 2014

Source: www.guardian.co.uk

New UK IP laws might restrict unregistered design rights – OUT-LAW.com

Posted December 17th, 2014 in intellectual property, news by sally

‘UK intellectual property laws which came into force earlier this year might serve to diminish the rights designers have in unregistered designs, according to a judge at the Intellectual Property Enterprise Court in London.’

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OUT-LAW.com, 17th December 2014

Source: www.out-law.com

Unwanted anonymity and gagging orders – Free Movement

Posted December 17th, 2014 in anonymity, asylum, children, immigration, news, privacy, tribunals by sally

‘I’ve now come across two cases in which judges of the First-tier Tribunal Immigration and Asylum Chamber have imposed unwanted anonymity orders on parties without any application or notice. One case is reported here and the other can’t be reported because of, well, the anonymity order. In both cases there was media interest beforehand and the orders acts as a gagging orders, preventing the parties from discussing their case with the media, even though the cases and the identities of the appellants had already been reported. In one of the cases the appellant had a child and that provided the reason or pretext for imposing anonymity. In the other unreported case children are named in the determination but are entirely tangental to the case and could easily have not been named.’

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Free Movement, 17th December 2014

Source: www.freemovement.org.uk

Stigma of dementia leading to rise in will disputes – Legal Futures

Posted December 17th, 2014 in elderly, mental health, news, solicitors, wills by sally

‘Expert will dispute lawyers have revealed that people hiding their dementia due to the stigma of mental illness is leading to a rise in the number of wills being disputed by friends and families and say that vulnerable people need more support to avoid being taken advantage of.’

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Legal Futures, 16th December 2014

Source: www.legalfutures.co.uk

MPs call for review of law used in gang murder cases – Daily Telegraph

Posted December 17th, 2014 in gangs, joint enterprise, miscarriage of justice, murder, news, race discrimination by sally

‘Laws which allow defendants to be convicted of murder in a ‘joint enterprise’ should be urgently reviewed, says select committee.’

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Daily Telegraph, 17th December 2014

Source: www.telegraph.co.uk

Non-believers push for legal recognition of humanist weddings – The Guardian

Posted December 17th, 2014 in marriage, news by sally

‘Government due to respond to call for non-religious marriages to be enforceable in law, ending need for second, civil ceremony.’

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The Guardian, 16th December 2014

Source: www.guardian.co.uk

Failures by social services led to death of baby – The Guardian

Posted December 17th, 2014 in children, drug abuse, drug offences, families, news, pregnancy, social services by sally

‘A vulnerable baby died in Sunderland after being left in the care of her drug-addicted mother following multiple failures by social services, a review has found.’

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The Guardian, 16th December 2014

Source: www.guardian.co.uk

Al Sweady Inquiry expected to clear British soldiers – Daily Telegraph

Posted December 17th, 2014 in armed forces, homicide, human rights, inquiries, news, violence by sally

‘The five-year-long Al Sweady Inquiry is expected to say serious allegations were based on lies and speculation.’

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Daily Telegraph, 16th December 2014

Source: www.telegraph.co.uk

Learning difficulties assessments – High Ct judgment – Education Law Blog

‘The introduction of EHC plans for some 16-25 year olds was one of the most important changes to SEN in the Children and Families Act 2014. Under the previous regime, a special educational needs statement could not provide for a young person to attend further education or higher education. Even if the child remained in a school setting post-16, the statement would lapse (if the local authority had not already ceased to maintain it) when the young person turned 19, although the local authority could choose to maintain it until the end of that academic year. Young people with learning difficulties and/or disabilities who were moving into further education, training or higher education received instead a learning difficulties assessment. This assessment would result in a written report of their educational and training needs and the provision required to meet them (“the LDA”). Any challenge to an LDA was by way of judicial review (as, in contrast to the position for challenges to the contents of SEN statements, there was no statutory right of appeal to the tribunal). That is all changing, with the introduction of EHC plans, which can continue until the young person reaches the age of 25, which can include further education provision (but still not higher education) and which can be appealed to the tribunal. Whilst EHC plans were introduced on 1 September 2014, there is a fairly lengthy transition period and so LDAs will be with us for a little longer yet.’

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Education Law Blog, 16th December 2014

Source: www.education11kbw.com

Social workers must not ‘shy away’ from adoption – top family judge – Daily Telegraph

Posted December 17th, 2014 in adoption, families, family courts, news, social services by sally

‘Sir James Munby seeks to head off collapse in adoption placements warning that children could be put at risk by new obsession with keeping them with relatives ‘at all costs’.’

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Daily Telegraph, 16th December 2014

Source: www.telegraph.co.uk

Tony Nicklinson’s widow takes right-to-die case to Europe – BBC News

Posted December 17th, 2014 in assisted suicide, human rights, news, Supreme Court by sally

‘The widow of right-to-die campaigner Tony Nicklinson is taking his fight to the European Court of Human Rights.’

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BBC News, 16th December 2014

Source: www.bbc.co.uk

DJ Chris Denning jailed for 13 years for abusing 24 boys – The Independent

‘Former Radio 1 DJ Chris Denning has been jailed for 13 years for sexually assaulting 24 boys – including one allegedly at Jimmy Savile’s house.’

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The Independent, 16th December 2014

Source: www.independent.co.uk

Jimmy Mubenga’s widow shocked as security guards cleared of manslaughter – The Guardian

‘The widow of Jimmy Mubenga, the Angolan man who died after being physically restrained on a deportation flight, said she was “shocked and disappointed” by the acquittal of three private security guards who were charged with his killing.’

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The Guardian, 16th December 2014

Source: www.guardian.co.uk

‘English votes for English laws’ plans unveiled – BBC News

Posted December 16th, 2014 in devolution issues, news, parliament by sally

‘Commons Leader William Hague has said legislation affecting just England should only be passed “with the consent of the majority” of English MPs.’

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BBC News, 16th December 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 16th, 2014 in legislation by sally

The Crime and Courts Act 2013 (Commencement No.1) (England and Wales) Order 2014

The Common Agricultural Policy (Competent Authority and Coordinating Body) Regulations 2014

The Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014

The Legislative Reform (Entertainment Licensing) Order 2014

The Railways and Rail Vehicles (Revocations and Consequential Amendments) Order 2014

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014

The Payments to Governments and Miscellaneous Provisions Regulations 2014

The National Curriculum (Exceptions for First, Second, Third and Fourth Key Stages) (England) (Amendment) (No. 2) Regulations 2014

The Education (National Curriculum) (Attainment Targets and Programmes of Study) (England) (Amendment) (No. 3) Order 2014

The Licensing Act 2003 (Personal licences) (Amendment) Regulations 2014

The Education (Independent School Standards) Regulations 2014

The Data Protection (Assessment Notices) (Designation of National Health Service Bodies) Order 2014

The Police and Criminal Evidence Act 1984 (Remote Reviews of Detention) Regulations 2014

The Social Fund Winter Fuel Payment (Amendment) Regulations 2014

The Health and Social Care Act 2008 (Commencement No. 19) Order 2014

Source: www.legislation.gov.uk

Failed London 21/7 suicide bombers lose appeal – The Guardian

Posted December 16th, 2014 in appeals, explosives, human rights, news, suicide, terrorism, trials by sally

‘Three men who attempted to carry out suicide bombings on the London Underground in July 2005 have failed to overturn their convictions. The European court of human rights ruled that Muktar Said Ibrahim, Ramzi Mohammed and Yassin Omar received a fair trial. The men, who are Somali nationals, had complained that there had been a delay in allowing them access to a solicitor.’

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The Guardian, 16th December 2014

Source: www.guardian.co.uk

Jimmy Savile victims’ compensation scheme approved by appeal court – The Guardian

Posted December 16th, 2014 in appeals, compensation, news, sexual offences, victims by sally

‘The court of appeal has upheld a compensation scheme set up for scores of women who say they were sexually abused by Jimmy Savile, paving the way for claims to go ahead.’

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The Guardian, 16th December 2014

Source: www.guardian.co.uk

Judge orders blood transfusion for Jehovah’s Witness child – UK Human Rights Blog

Posted December 16th, 2014 in blood products, children, human rights, medical treatment, news by sally

‘An NHS Trust v Child B and Mr and Mrs B [2014] EWHC 3486 (Fam) – I posted earlier this year a discussion of Ian McEwan’s pellucid and moving account of the difficulties encountered by judges when steering between the rock of parental faith and the hard place of children’s best interests (The Children Act, 2014). This judgment, although handed down four months ago, has just been published, and confirms that judges may be resolute, however politely, in the face of parents’ insistence that they know what is best for their children.’

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UK Human Rights Blog, 15th December 2015

Source: www.ukhumanrightsblog.com

Failure to file LQ – Relief from sanctions refused – Zenith PI Blog

Posted December 16th, 2014 in appeals, case management, civil procedure rules, documents, news, sanctions by sally

‘British Gas Trading Ltd v Oak Cash & Carry Ltd [2014] EWHC 4058 (QB) 5th December 2014. Relief from sanctions refused where a failure to file the LQ in breach of an unless order led to the loss of the trial date. Although the Defendant applied for relief from sanctions, there was no for the default judgment to be set aside, and no evidence in support of such an application. In these circumstances, the court should not treat the application as though it had been made.’

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Zenith PI Blog, 15th December 2014

Source: www.zenithpi.wordpress.com

Mitchell and Denton have “direct bearing” on strike-outs for non-compliance – Litigation Futures

Posted December 16th, 2014 in civil procedure rules, news, sanctions, striking out by sally

‘The Mitchell principles, restated in Denton, have a “direct bearing” on whether courts should impose strike-outs for non-compliance, the Court of Appeal has ruled.’

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Litigation Futures, 16th December 2014

Source: www.litigationfutures.com