Video recordings – Panopticon

Posted November 19th, 2014 in human rights, international law, news, video recordings by sally

‘The classification requirements imposed by the Video Recording Acts are lawful, the Court of Appeal (Criminal Division) has ruled, on 14 November 2014, in R v Dryzmer and Play Media Distribution Ltd. The prohibition on supplying video recordings which have not been classified by the British Board of Film Classification is not rendered unlawful either by ECHR Article 10, on freedom of expression, or by TFEU Articles 34-36 on non-interference with trade. The reason is the same in both cases. Qualitative restrictions on grounds of public health and morals are justified.’

Full story

Panopticon, 18th November 2014

Source: www.panopticonblog.com

EVENT: JUSTICE – Law and Literature Series: An evening with Hilary Mantel

Posted November 19th, 2014 in Forthcoming events by sally

‘Double Booker prize winning author, Hilary Mantel will read from Wolf Hall and Bring Up the Bodies, bringing to life one of the most complex characters of Tudor England, Thomas Cromwell.’

Date: 11th February 2015, 5.30pm

Location: Middle Temple

Charge: These are exclusive events for JUSTICE members and their guests. Tickets cost £50 and all profits go to the Securing JUSTICE at 60 Appeal.

More information can be found here.

EVENT: JUSTICE – Law and Literature Series: An evening with Robert Harris

Posted November 19th, 2014 in Forthcoming events by sally

‘Best-selling author Robert Harris will read from An Officer & A Spy, his compelling account of France’s most infamous miscarriage of justice, the Dreyfus affair.’

Date: 4th December 2014, 5.30pm

Location: Lincoln’s Inn

Charge: These are exclusive events for JUSTICE members and their guests. Tickets cost £50 and all profits go to the Securing JUSTICE at 60 Appeal.

More information can be found here.

Panic room woman challenges bedroom tax – The Guardian

Posted November 19th, 2014 in assault, benefits, domestic violence, harassment, housing, news, rape, stalking by sally

‘A woman whose council home has been fitted with a secure panic room to protect her from a violent ex-partner is going to court on Wednesday to challenge the government’s so-called bedroom tax.’

Full story

The Guardian, 18th November 2014

Source: www.guardian.co.uk

Neurosurgeon jailed for sexually assaulting six patients – The Guardian

Posted November 19th, 2014 in abuse of position of trust, doctors, news, sentencing, sexual offences, victims by sally

‘An eminent consultant neurosurgeon has been jailed for 16 years for sexually assaulting six female patients during intimate medical examinations.’

Full story

The Guardian, 18th November 2014

Source: www.guardian.co.uk

Software patents – the lines of communication are no clearer – Technology Law Update

Posted November 19th, 2014 in appeals, computer programs, EC law, news, patents by sally

‘Patents for computer programmes are not patentable in Europe. That seems like a simple statement. But a recent high level decision shows that it is far from simple to apply.’

Full story

Technology Law Update, 18th November 2014

Source: www.technology-law-blog.co.uk

Family pressure group “had no business” in applying for habeas corpus on behalf of mother – UK Human Rights Blog

Posted November 19th, 2014 in children, civil procedure rules, contempt of court, detention, domestic violence, families, habeas corpus, local government, news, third parties by sally

‘An application for habeas corpus by a pressure group was completely “hopeless” and “entirely misconceived”. The appellant’s challenge to the decision of the judge below was equally devoid of merit. Third party applications are only appropriate where the prisoner is incommunicado or where the impediment preventing the prisoner from acting is ignorance or disability. It was entirely inappropriate in these circumstances, where the prisoner had been represented by counsel throughout the proceedings which resulted in her imprisonment, or where her detention had already ended before the application for habeas corpus was made.’

Full story

UK Human Rights Blog, 18th November 2014

Source: www.ukhumanrightsblog.com

PCC admits Essex Police failed child rape victim – BBC News

Posted November 19th, 2014 in child abuse, children, news, police, rape, young offenders by sally

‘A five-year-old rape victim who wrote to officers telling them they had let her down was failed by Essex Police, the force’s police and crime commissioner has said.’

Full story

BBC News, 18th November 2014

Source: www.bbc.co.uk

The jail that has reduced violence by helping inmates escape from the gang – The Guardian

Posted November 19th, 2014 in crime, families, gangs, murder, news, prisons, rehabilitation, young offenders by sally

‘Gang rivalries are driving up assaults in custody, but one prison has cut violent incidents by 75%.’

Full story

The Guardian, 19th November 2014

Source: www.guardian.co.uk

Tania Clarence sentenced: Husband of depressed New Malden mother who killed children criticises medics for ‘pressuring family to submit to operations’ – The Independent

Posted November 19th, 2014 in disabled persons, families, homicide, mental health, news, sentencing by sally

‘The husband of a depressed mother who killed her three young disabled children has criticised medical professionals for the “constant pressure” placed on the family to “submit the children to operations and other interventions”.’

Full story

The Independent, 18th November 2014

Source: www.independent.co.uk

Rotherham abuse scandal: IPCC to investigate conduct of 10 police officers – The Guardian

Posted November 19th, 2014 in child abuse, children, evidence, negligence, news, police, sexual offences, victims by sally

‘The Independent Police Complaints Commission (IPCC) is to investigate the conduct of 10 South Yorkshire police officers in relation to their handling of reported child sexual exploitation in Rotherham.’

Full story

The Guardian, 18th November 2014

Source: www.guardian.co.uk

Japanese Knotweed: Asbos for failure to control invasive plants – BBC News

Posted November 19th, 2014 in ASBOs, environmental protection, news, sale of land by sally

‘People who fail to control the spread of invasive non-native plants such as Japanese Knotweed could be fined or receive anti-social behaviour orders (Asbos), the government says.’

Full story

BBC News, 19th November 2014

Source: www.bbc.co.uk

Theresa May unveils shakeup of police disciplinary system – The Guardian

Posted November 19th, 2014 in complaints, consultations, corruption, disciplinary procedures, news, police by sally

‘The Home Secretary, Theresa May, has announced a shakeup of the internal police disciplinary system, including holding hearings in public and ending payoffs for senior officers found guilty of misconduct, to be introduced before the general election.’

Full story

The Guardian, 18th November 2014

Source: www.guardian.co.uk

Plevin v Paragon Personal Finance Ltd and another – WLR Daily

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin v Paragon Personal Finance Ltd and another [2014] UKSC 61; [2014] WLR (D) 487

‘An agreement for payment protection insurance was unfair within the meaning of section 140A of the Consumer Credit Act 1974, as inserted, when the debtor had not been told, before concluding the agreement, that over 70% of the one-off £5,780 premium would be used to pay commission to various parties.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

Regina (Stirling) v Haringey London Borough Council – WLR Daily

Posted November 18th, 2014 in appeals, consultations, council tax, law reports, local government, Supreme Court by sally

Regina (Stirling) v Haringey London Borough Council [2014] UKSC 56; [2014] WLR (D) 486

‘A public consultation under paragraph 3(1)(c) of Schedule 1A to the Local Government Finance Act 1992, as inserted, about a proposed council tax reduction scheme was unlawful if it did not involve inviting and considering views about possible alternatives to the scheme favoured by the local authority.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

Regina (Cushnie) v Secretary of State for Health – WLR Daily

Posted November 18th, 2014 in asylum, equality, health, law reports, medical treatment, regulations by sally

Regina (Cushnie) v Secretary of State for Health [2014] EWHC 3626 (Admin); [2014] WLR (D) 484

‘Regulation 11(c) of the National Health Service (Charges to Overseas Visitors) Regulations 2011 contravened the provisions of section 149 of the Equality Act 2010 by reason of a lack of regard to the need to promote equality of opportunity for disabled people.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

Regina (Harkins) v Secretary of State for the Home Department and another – WLR Daily

Posted November 18th, 2014 in extradition, jurisdiction, law reports by sally

Regina (Harkins) v Secretary of State for the Home Department and another [2014] EWHC 3609 (Admin); [2014] WLR (D) 485

‘The test to be used for re-opening a judicial review of a decision to extradite was analogous to that in CPR r 52.17.
The Divisional Court so held in refusing Phillip Harkins’s renewed application for permission to claim judicial review of the Secretary of State for the Home Department’s decision that he should be extradited to the United States of America on charges of murder and attempted robbery. The Government of the USA was joined as an interested party.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

L v M (R and another intervening) – WLR Daily

Posted November 18th, 2014 in children, custody, EC law, jurisdiction, law reports by sally

L v M (R and another intervening) (Case C-656/13) EU:C:2014:2364; [2014] WLR (D) 480

‘Article 12(3) of Council Regulation (EC) No 2201/2003 allowed, for the purposes of proceedings in matters of parental responsibility, the jurisdiction of a court of a member state which was not that of the child’s habitual residence to be established even where no other proceedings were pending before the court chosen. Article 12(3)(b) meant that it could not be considered that the jurisdiction of the court seised by one party of proceedings in matters of parental responsibility had been “accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings” where the defendant in those proceedings subsequently brought a second set of proceedings before the same court and, on taking the first step required of him in the first proceedings, pleaded the lack of jurisdiction of that court.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

Dano v Jobcenter Leipzig – WLR Daily

Posted November 18th, 2014 in benefits, EC law, freedom of movement, law reports, social security by sally

Dano v Jobcenter Leipzig (Case C-333/13) EU:C:2014:2358; [2014] WLR (D) 477

‘Article 24(1) of Parliament and Council Directive 2004/38/EC, in conjunction with article 7(1)(b), and article 4 of Regulation No 883/2004 (as amended by Regulation No 1244/2010) allowed legislation of a member state under which nationals of other member states were excluded from entitlement to certain “special non-contributory cash benefits” within the meaning of article 70(2) of Regulation No 883/2004, although those benefits were granted to nationals of the host member state who were in the same situation, in so far as those nationals of other member states did not have a right of residence under Directive 2004/38 in the host member state.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

In re D (A Child) – WLR Daily

Posted November 18th, 2014 in care orders, law reports, legal aid, legal representation by sally

In re D (A Child) [2014] EWFC 39 ; [2014] WLR (D) 471

‘It was the responsibility—indeed, the duty—of the judges in the Family Court and the Family Division to ensure that proceedings before them were conducted justly and in a manner compliant with the requirements of articles 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Where legal aid was unavailable in care proceedings there were, in theory, three other possible sources of public funding: (i) the local authority, as the public authority bringing the proceedings, (ii) the legal aid fund, on the basis that the child’s own interests required an end to the delay and a process which was just and Convention-compliant, or (iii) Her Majesty’s Courts and Tribunals Service, on the basis that the court was a public authority required to act in a Convention-compliant manner.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk