Category: news

The Upper Tribunal’s first consideration of monetary penalty notices by Julian Milford – Panopticon

Posted November 22nd, 2013 in appeals, data protection, fines, hospitals, news, penalties, tribunals by sally

‘Upper Tribunal has just issued judgment in Central London Community Healthcare NHS Trust v Information Commissioner [2013] UKUT 0551. This significant decision is the first time the Upper Tribunal has considered an appeal against a monetary penalty notice (“MPN”), issued by the Commissioner under section 55A Data Protection Act 1998 (“DPA”).’

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Panopticon, 21st November 2013

Source: www.panopticonblog.com

Court of Appeal backs parallel UK and EPO patent proceedings but alters guidelines for future cases – OUT-LAW.com

Posted November 22nd, 2013 in appeals, intellectual property, news, patents, stay of proceedings, telecommunications by sally

‘A dispute over the alleged infringement of a standard-essential mobile technology European patent will be ruled on by the High Court despite there being ongoing proceedings before the European Patent Office (EPO) about whether the patent is valid.’

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OUT-LAW.com, 21st November 2013

Source: www.out-law.com

Who’s right about the EU Charter of Fundamental Rights? – Head of Legal

Posted November 22nd, 2013 in charters, constitutional law, EC law, human rights, international law, news by sally

‘Confusion abounds about the EU Charter of Fundamental Rights following Mr Justice Mostyn’s recent judgment in R (AB) v Home Secretary (in which he appeared to say the Charter puts into UK law all sorts of new rights British governments had wanted to exclude) and Tuesday’s reaction by the Lord Chancellor Chris Grayling (who, it’s reported, is urgently trying to clarify whether the Charter ”applies in the UK”).’

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Head of Legal, 21st November 2013

Source: www.headoflegal.com

Watchdog demands GCHQ report on NSA’s UK data storage – The Guardian

Posted November 22nd, 2013 in data protection, electronic mail, intelligence services, investigatory powers, news, select committees, telecommunications by sally

‘The watchdog tasked with scrutinising the work of Britain’s intelligence agencies is to demand an urgent report from GCHQ about revelations that the phone, internet and email records of British citizens have been analysed and stored by America’s National Security Agency.’

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The Guardian, 21st November 2013

Source: www.guardian.co.uk

Manchester Debenhams boy rapist has jail term cut – BBC News

Posted November 22nd, 2013 in joint enterprise, news, rape, sentencing by sally

‘One of two men jailed for raping a 14-year-old boy in the toilet of a central Manchester department store has had his prison sentence cut.’

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BBC News, 21st November 2013

Source: www.bbc.co.uk

Hunger striker Isa Muazu loses release bid – The Independent

Posted November 22nd, 2013 in appeals, demonstrations, detention, immigration, news by sally

‘A hunger striker who is “near death” has failed to win temporary freedom pending his appeal court challenge to being held in an immigration detention centre.’

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The Independent, 21st November 2013

Source: www.independent.co.uk

Stalking laws ‘not being implemented’ – BBC News

Posted November 22nd, 2013 in crime, criminal justice, news, stalking by sally

‘The MP who chaired an inquiry that led to stalking being made a specific criminal offence has warned the new laws are not being implemented.’

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BBC News, 21st November 2013

Source: www.bbc.co.uk

CQC report says hospital care has not improved since Mid Staffs scandal – The Guardian

Posted November 22nd, 2013 in elderly, health, hospitals, news, quality assurance, reports by sally

‘Hospitals have made no improvement in patient safety or treating the ill with dignity and respect despite the concerns triggered by the Mid Staffordshire scandal, according to the independent healthcare regulator. The Care Quality Commission (CQC) also found no improvement in hospitals monitoring and assessment of the quality of care they are providing.’

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The Guardian, 21st November 2013

Source: www.guardian.co.uk

‘Reform court process for children and sex attack victims’, says former senior judge – Daily Telegraph

Posted November 22nd, 2013 in children, courts, evidence, news, sexual offences, victims, witnesses by sally

‘Radical reforms to the way children and adult sex abuse victims give evidence in court have been floated by the former Lord Chief Justice.
Lord Judge, who stepped down as England and Wales’ most senior judge at the end of September, said there could be a “powerful case” to end the way in which rape and other sex crimes victims currently give evidence.’

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Daily Telegraph, 21st November 2013

Source: www.telegraph.co.uk

London slaves: the day they escaped suburban ‘jail’ after 30 years – Daily Telgraph

Posted November 22nd, 2013 in news, trafficking in human beings, women by sally

‘It was, in the words of one charity boss, “just an ordinary house in an ordinary street”. Yet behind its doors, unbeknown to neighbours going about their daily lives, the elderly home owners were allegedly keeping three women as slaves in conditions that belonged to the pre-Victorian age.’

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Daily Telegraph, 21st November 2013

Source: www.telegraph.co.uk

Paddling pool victim seeks millions – Daily Telegraph

Posted November 21st, 2013 in damages, disabled persons, duty of care, health & safety, news, personal injuries, universities by sally

“Student Andrew Risk, who was paralysed after diving into 2ft of water, sues Rose Bruford drama school for ‘failing to control high jinx at summer ball’.”

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Daily Telegraph, 20th November 2013

Source: www.telegraph.co.uk

Podcast 224: Dexter Dias QC on female genital mutilation and human rights – Charon QC

Posted November 21st, 2013 in barristers, crime, female genital mutilation, human rights, news, prisons, women by sally

“Dexter Dias QC talks to me about the legal and moral issues involved in female genital mutilation and the increasing prison population in the USA and UK.”

Podcast

Charon QC, 20th November 2013

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Ethics in International Arbitration: The Big Debate – Halsbury’s Law Exchange

Posted November 21st, 2013 in arbitration, international courts, legal representation, news by sally

“International arbitration has something of a reputation as the ‘Wild West’ of the law; a land where personalities are at least as important (or perhaps more so) than procedural rules, and legal representatives can be viewed by their clients as hired guns.”

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Halsbury’s Law Exchange, 21st November 2013

Source: www.halsburyslawexchange.co.uk

Asbestos NHS treatment cost recovery bill is voted into law – BBC News

Posted November 21st, 2013 in asbestos, bills, costs, insurance, news, Wales by sally

“A bill to recover the costs of treating Welsh asbestos patients from businesses or insurers has been passed by assembly members.”

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BBC News, 20th November 2013

Source: www.bbc.co.uk

Philip Murray: Natural Justice at the Boundaries of Public Law – UK Constitutional Law Group

Posted November 21st, 2013 in civil justice, constitutional law, contracts, news by sally

“The intention of this post is a simple one: to assess the ways in which natural justice arguments have historically been raised in private law proceedings. By ‘natural justice’ I mean those common law principles requiring a fair procedure and an unbiased tribunal when powers are exercised. Ordinarily, of course, natural justice arguments arise in judicial review proceedings against public bodies in the Administrative Court or Upper Tribunal, usually when those bodies are exercising a statutory power. But to what extent can it be argued that a private body, in its private relations with private individuals, has acted unlawfully by making decisions in a procedurally unfair manner?”

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UK Constitutional Law Group, 21st November 2013

Source: www.ukconstitutionallaw.org

Private eyes convicted over ‘blagging’ personal data – BBC News

Posted November 21st, 2013 in conspiracy, data protection, news, privacy, private investigators by sally

“Two private investigators who tricked GP surgeries and utility firms into revealing people’s private details have been convicted of breaking data laws.”

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BBC News, 20th November 2013

Source: www.bbc.co.uk

Mark Elliott: Where next for the Wednesbury principle? A brief response to Lord Carnwath – UK Constitutional Law Group

Posted November 21st, 2013 in constitutional law, judges, judicial review, news, speeches by sally

“In his recent annual lecture to the Constitutional and Administrative Law Bar Association, Lord Carnwath spoke to the title: ‘From judicial outrage to sliding scales—where next for Wednesbury?’ In this post, I outline some of the key points made in the lecture and offer some critical commentary on the approach to substantive judicial review commended by Carnwath.”

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UK Constitutional Law Group, 20th November 2013

Source: www.ukconstitutionallaw.org

Lie tests to be given to sex offenders – Daily Telegraph

Posted November 21st, 2013 in bail, lie detectors, news, police, probation, sexual offences by sally

“Sex offenders will be offered lie detector tests to help police assess the risk they pose to the public when released.”

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Daily Telegraph, 20th November 2013

Source: www.telegraph.co.uk

Defamation law reforms to take effect from the start of 2014 – OUT-LAW.com

Posted November 21st, 2013 in defamation, defences, freedom of expression, legislation, news, publishing, regulations by sally

“Changes to UK defamation laws will come into force on 1 January 2014, the Justice Minister has announced.”

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OUT-LAW.com, 20th November 2013

Source: www.out-law.com

Marine “A” and the sentencing of battlefield executions – Halsbury’s Law Exchange

Posted November 21st, 2013 in armed forces, courts martial, murder, news, sentencing, war by sally

“In early November 2013, Marine A (as he is known) was convicted by a court martial of murdering a badly wounded Taliban insurgent by shooting him in the chest.”

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Halsbury’s Law Exchange, 20th November 2013

Source: www.halsburyslawexchange.co.uk