Recent Statutory Instruments – legislation.gov.uk

Posted August 15th, 2014 in legislation by sally

The Prison and Young Offender Institution (Amendment) Rules 2014

The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) (Amendment) Regulations 2014

The Independent Inspectorates (Education and Boarding Accommodation) Regulations 2014

The Control of Noise (Code of Practice on Noise from Audible Intruder Alarms) (Revocation) (England) Order

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 15th, 2014 in law reports by sally

High Court (Administrative Court)

Panesar & Ors, R (on the application of) v The Central Criminal Court [2014] EWHC 2821 (Admin) (14 August 2014)

Roope v District Court for Prague 1, Czech Republic [2014] EWHC 2801 (Admin) (13 August 2014)

High Court (Family Division)

MD v AA & Anor [2014] EWHC 2756 (Fam) (31 July 2014)

High Court (Queen’s Bench Division)

Cooke & Anor v MGN Ltd & Anor [2014] EWHC 2831 (QB) (13 August 2014)

High Court (Technology and Construction Court)

Harrison & Ors v Shepherd Homes Ltd & Ors [2014] EWHC 2786 (TCC) (06 August 2014)

Source: www.bailii.org

Family system ‘woefully behind’ in treatment of vulnerable – Law Society’s Gazette

‘Family judges are to receive guidance on dealing more appropriately with children and other vulnerable witnesses.
The interim report of a working group set up by Sir James Munby, head of the Family Division, says the family system ‘lags woefully behind’ the criminal justice system in this regard.’

Full story

Law Society’s Gazette, 13th August 2014

Source: www.lawgazette.co.uk

Andy Coulson eligible for move from Belmarsh prison – The Guardian

‘Andy Coulson, David Cameron’s former director of communications, looks set to be moved from high-security Belmarsh prison after finally being classified as posing no risk to society.’

Full story

The Guardian, 14th August 2014

Source: www.guardian.co.uk

Police forced to name undercover officers who duped women – The Guardian

Posted August 15th, 2014 in disclosure, environmental protection, news, police, psychiatric damage, women by sally

‘Metropolitan police lose legal fight over keeping secret the names of officers who fathered children with their ‘targets’

Full story

The Guardian, 15th August 2014

Source: www.guardian.co.uk

Ben Ashford found not guilty after trawling stolen phone for ‘flirty’ texts – The Guardian

Posted August 14th, 2014 in media, news, privacy, telecommunications by sally

‘A former Sun journalist has walked free from the Old Bailey after he was cleared of all charges levelled against him after he looked through the contents of an iPhone that did not belong to him.’

Full story

The Guardian, 13th August 2014

Source: www.guardian.co.uk

April Jones killer denied compensation for jail attack – Daily Telegraph

Posted August 14th, 2014 in assault, compensation, news, prisons by sally

‘Mark Bridger is refused permission to move prisons and is also denied compensation after he was slashed across the face by a fellow inmate.’

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Daily Telegraph, 13th August 2014

Source: www.telegraph.co.uk

Who Owns the Copyright in my Website? – Zenith Chambers

Posted August 14th, 2014 in artistic works, copyright, intellectual property, internet, news by sally

‘“I have paid a developer handsomely for my company’s website so my company owns the Copyright? Right?” Well, not exactly.

The question itself is predicated on a totally incorrect assumption of legal principle of their being a single copyright pertaining to a single site. When considered carefully, a website may consist of a large number of separate elements including music (or jingles), text, photographs, the font of the characters making up the site, colours, style, “look and feel”, language, sequence in which the web pages appear, forms, drawings and designs, and not forgetting the domain name itself. Each and every-one of those features attracts its own copyright and a website might therefore be correctly regarded as a ‘bundle’ of different rights protected separately by copyright law. How does this work? Let us begin by considering any music appearing on the website.’

Full story

Zenith Chambers, 12th August 2014

Source: www.zenithchambers.co.uk

Yeovil ‘singing lessons’ paedophile Paul Francis jailed – BBC News

Posted August 14th, 2014 in news, sentencing, sexual grooming, sexual offences by sally

‘A paedophile who gave out hand-written posters offering singing lessons in order to groom children has been jailed for four years.’

Full story

BBC News, 13th August 2014

Source: www.bbc.co.uk

Keyword advertising must not cause financial promotions to fall foul of compliance standards, warns FCA – OUT-LAW.com

Posted August 14th, 2014 in advertising, financial regulation, internet, news by sally

‘Financial services companies have been warned to review their use of online keyword advertising after the City regulator said it can lead to financial promotions being deemed to be misleading.’

Full story

OUT-LAW.com, 13th August 2014

Source: www.out-law.com

Leanne Meecham death: Stepfather guilty of murder – BBC News

Posted August 14th, 2014 in alcoholism, domestic violence, murder, news by sally

‘A man has been found guilty of the “violent and vicious” murder of his stepdaughter, who was also his former lover.’

Full story

BBC News, 13th August 2014

Source: www.bbc.co.uk

Tackling alcohol-rated offending – are “Sobriety tags” the answer? – Halsbury’s Law Exchange

Posted August 14th, 2014 in alcohol abuse, alcoholism, crime, electronic monitoring, news, pilot schemes by sally

‘The first “sobriety tag” has been fitted to a man who had been found guilty of drunken affray. The introduction of the tags, which monitor consumption of alcohol by the wearer, is part of a year-long pilot scheme to tackle alcohol-related reoffending.’

Full story

Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

The iniquity exception – legal privilege and the long-running Ablyazov litigation – Legal Week

‘What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers).’

Full story

Legal Week, 13th August 2014

Source: www.legalweek.com

Graham Allen: Kick-starting the debate on a codified constitution for the UK – UK Constitutional Law Association

Posted August 14th, 2014 in constitutional reform, consultations, news, select committees by sally

‘Does the United Kingdom need a codified constitution? It’s a question on which generations of law students will have had to write essays, burning the midnight oil and scribbling or tapping away into the night, rehearsing the pros and the cons. But I want it to be something else: the start of a lively and passionate public debate that could result in real change to our country’s democratic set-up.’

Full story

UK Constitutional Law Association, 14th August 2014

Source: www.ukconstitutionallaw.org

British student cleared of attempting to smuggle cash to Syrian jihadists – The Guardian

Posted August 14th, 2014 in conspiracy, news, terrorism by sally

‘A British student accused of trying to smuggle thousands of pounds in her underwear to jihadist rebels in Syria has been cleared of conspiring to fund terrorism but her friend has become only the second Britain to be found guilty of the offence.’

Full story

The Guardian, 13th August 2014

Source: www.guardian.co.uk

Who, what, why: What can and can’t you put on headstones? – BBC News

Posted August 14th, 2014 in burials and cremation, Church of England, news, regulations by sally

‘A priest has allegedly asked a grieving family to remove a headstone from a churchyard because of an “inappropriate” inscription. But what is and isn’t allowed, asks Chris Stokel-Walker.’

Full story

BBC News, 13th August 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted August 13th, 2014 in law reports by sally

High Court (Queen’s Bench Division)

Dowdall v William Kenyon & Sons Ltd & Ors [2014] EWHC 2822 (QB) (12 August 2014)

High Court (Administrative Court)

Adams, In the matter of the Criminal Justice Act 1988 [2014] EWHC 2639 (Admin) (11 August 2014)

Source: www.bailii.org

Regina (Woods and another) v Chief Constable of Merseyside Police – WLR Daily

Regina (Woods and another) v Chief Constable of Merseyside Police [2014] EWHC 2784 (Admin); [2014] WLR (D) 378

‘The Service Confidence Procedure (“SCP”), which was the statutory misconduct regime for police officers, was amenable to judicial review, but in circumstances where reasons for it were subject to a decision that they could not be disclosed due to public interest immunity, then the threshold for judicial interference was very high.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Regina (Hamill) v Chelmsford Magistrates’ Court – WLR Daily

Posted August 13th, 2014 in judicial review, law reports, police, sexual offences, statutory duty by sally

Regina (Hamill) v Chelmsford Magistrates’ Court [2014] EWHC 2799 (Admin); [2014] WLR (D) 377

‘The statutory power to make a determination pursuant to section 91C of the Sexual Offences Act 2003, on an application under section 91B of that Act, could be delegated by the “chief officer of police” to a subordinate police officer of the rank of superintendent or higher.’

WLR Daily, 8th August 2014

Source: www.iclr.co.uk

Should the press be able to report the evidence in a financial remedy case? – Halsbury’s Law Exchange

Posted August 13th, 2014 in divorce, evidence, family courts, media, news, reporting restrictions by sally

‘There was before the court a substantive hearing in respect of financial claims arising from divorce proceedings between a husband and wife (Cooper-Hohn v Hohn). The issue of reporting of the proceedings arose and the necessary application was made on behalf of the media.’

Full story

Halsbury’s Law Exchange, 12th August 2014

Source: www.halsburyslawexchange.co.uk