Current Awareness

No damages for the solicitor whose private information was misused by a prostitute whom he’d short changed – RPC Privacy Law

Posted May 22nd, 2014 in contracts, damages, injunctions, misuse of private information, news, prostitution, solicitors by sally

‘In an unusual privacy claim decided last week, the High Court dismissed the majority of a solicitor’s claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract. The Court found for the Claimant in respect of one element of his privacy head of claim, it declined to award any damages but did grant him an injunction.’

Full story

RPC Privacy Law, 21st May 2014

Source: www.rpc.co.uk

Home Office criticised for holding child asylum seekers in ‘stuffy and overcrowded’ conditions at Heathrow – The Independent

Posted May 22nd, 2014 in airports, asylum, children, detention, immigration, news, reports by sally

‘Child asylum seekers are being held in “disgraceful” conditions at Heathrow Airport, where they are often forced to sleep overnight in cramped rooms, a report published today warns.’

Full story

The Independent, 22nd May 2014

Source: www.independent.co.uk

Ian Watkins: IPCC serves six police officers with gross misconduct notices – The Guardian

Posted May 22nd, 2014 in complaints, news, police, professional conduct by sally

‘The police watchdog has launched investigations into the involvement of six police officers in the case of the former Lostprophets singer Ian Watkins, who is serving 35 years for a string of child offences.’

Full story

The Guardian, 21st May 2014

Source: www.guardian.co.uk

‘Plebgate’ police officer Susan Johnson dismissed – BBC News

Posted May 21st, 2014 in disciplinary procedures, media, misfeasance in public office, news, police, professional conduct by sally

‘A policewoman has become the fourth officer to be sacked over press leaks related to the “plebgate” affair.’

Full story

BBC News, 21st May 2014

Source: www.bbc.co.uk

Legal challenge to controversial herring gull cull dismissed by judge – The Guardian

Posted May 21st, 2014 in airlines, birds, charities, costs, EC law, environmental protection, judicial review, news by sally

‘A controversial cull of thousands of gulls in the UK will go ahead after a legal challenge by conservationists failed.’

Full story

The Guardian, 21st May 2014

Source: www.guardian.co.uk

Fraud trial legal aid ruling overturned by appeal court – The Guardian

Posted May 21st, 2014 in appeals, barristers, budgets, costs, fraud, judges, legal aid, legal representation, news by sally

‘A £4.5m fraud trial halted due to disputes over legal aid cuts has been restarted after the court of appeal ruled that the defendants could receive a fair trial.’

Full story

The Guardian, 21st May 2014

Source: www.guardian.co.uk

The Common Law and the Spirit of Kennedy – Panopticon

Posted May 21st, 2014 in appeals, Charity Commission, disclosure, freedom of information, human rights, judicial review, news, Supreme Court by sally

‘Following the Supreme Court’s lengthy, slightly unexpected, and difficult to grasp judgment in Kennedy v Charity Commission [2014] UKSC 20 (on which I have been quiet because of my involvement, but see Tom Cross’s blogpost here) there has been room for quite a large amount of debate as to how far it goes. Was the majority only suggesting access to the Charity Commission’s information under the common law principle of open justice applied because of the particular statutory regime and/or the nature of the statutory inquiry involved? Or was the principle rather more wide-ranging?’

Full story

Panopticon, 20th May 2014

Source: www.panopticonblog.com

Requirement to work in different location not pre-2014 TUPE “workforce” change, says EAT – OUT-LAW.com

Posted May 21st, 2014 in appeals, contracting out, employment tribunals, interpretation, local government, news, parking, transfer of undertakings, unfair dismissal by sally

‘Employees who were required to work in a different location after their work was outsourced were not exempted from legal protections aimed at such workers under pre-2014 rules, the UK’s employment appeal tribunal (EAT) has ruled.’

Full story

OUT-LAW.com, 21st May 2014

Source: www.out-law.com

Abu Hamza – the ten-year battle – Halsbury’s Law Exchange

Posted May 21st, 2014 in abuse of process, appeals, extradition, extraterritoriality, human rights, judicial review, news, sentencing, terrorism by sally

‘It is worth considering two important legal judgments that the ten-year battle to extradite him involved.’

Full story

Halsbury’s Law Exchange, 20th May 2014

Source: www.halsburyslawexchange.co.uk

Pre-sentence restorative justice – Ministry of Justice

Posted May 21st, 2014 in codes of practice, news, restorative justice, sentencing by sally

‘Secretary of State guidance for pre-sentence restorative justice.’

Full guidance

Ministry of Justice, 19th May 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

LCJ: “Once in a lifetime” chance to build proper court IT system – Litigation Futures

Posted May 21st, 2014 in budgets, computer programs, courts, internet, judiciary, news by sally

‘The Lord Chief Justice has said the country has a “once in a lifetime” opportunity to build a proper court IT system, and failing to make a success of it would be a “disaster”. In a strongly-worded speech highly critical of previous court IT failures, Lord Thomas said that if the Courts Service and the judiciary squandered the £300-£400m promised by the Treasury, it would “not be forgotten” and “we would not be given that money again”.’

Full story

Litigation Futures, 21st May 2014

Source: www.litigationfutures.com

Law firm’s medical negligence advert was misleading, ASA rules – Legal Futures

Posted May 21st, 2014 in advertising, compensation, consumer protection, cosmetic surgery, internet, negligence, news, ombudsmen by sally

‘An internet banner advertisement by an Essex law firm which showed a woman’s face above the slogan “awarded £40,000 after cosmetic surgery – claim now” was misleading, the Advertising Standards Authority (ASA) has ruled.’

Full story

Legal Futures, 21st May 2014

Source: www.legalfutures.co.uk

Damian Green’s Police Federation (Constables’ Conference) speech – Home Office

Posted May 21st, 2014 in codes of practice, complaints, corruption, ombudsmen, police, professional conduct, reports, speeches, standards, stop and search by sally

‘Damian Green’s Police Federation (Constables’ Conference) speech Tuesday 20 May.’

Full story

Home Office, 20th May 2014

Source: www.gov.uk/home-office

Recent Statutory Instruments – legislation.gov.uk

Posted May 21st, 2014 in legislation by sally

The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) (England, Wales and Scotland) Regulations 2014

The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2014

The Offender Rehabilitation Act 2014 (Commencement No. 1) Order 2014

The General Medical Council (Restoration following Administrative Erasure) (Amendment) Regulations Order of Council 2014

Source: www.legislation.gov.uk

In re K (A Child) (Reunite International Child Abduction Centre intervening) – WLR Daily

Posted May 21st, 2014 in care orders, child abduction, children, custody, EC law, interpretation, law reports, Northern Ireland, Supreme Court by sally

In re K (A Child) (Reunite International Child Abduction Centre intervening): [2014] UKSC 29; [2014] WLR (D) 218

‘The phrase “rights of custody,” within the meaning of articles 3 and 5(a) of the 1980 Convention on the Civil Aspects of International Child Abduction and article 2(9)(11) of Council Regulation (EC) No 2201/2003, was not limited to rights which were already legally recognised and enforceable but was to be interpreted purposively as including a reference to a wider category, termed “inchoate rights”, the existence of which would have been legally recognised if the matter had arisen before the particular act of removal or retention in question.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another – WLR Daily

Posted May 21st, 2014 in appeals, enforcement, injunctions, jurisdiction, law reports by sally

Bank St Petersburg OJSC and another v Arkhangelsky and another: Arkhangelsky and others v Bank St Petersburg OJSC and another: [2014] EWCA Civ 593; [2014] WLR (D) 215

‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction. The Court of Appeal so held when, inter alia, allowing the appeal of the defendants in the first case, Vitaly Arkhangelsky and Julia Arkhangelskaya, and the Part 20 claimant, Oslo Marine Group Ports LLC, against the refusal by Hildyard J, sitting in the Chancery Division on 14 November 2013 [2013] EWHC 3529 (Ch); [2013] CN 1773, to grant a world-wide anti-enforcement injunction, leaving the first claimant in the first case, Bank St Petersburg OJSC, free to execute on certain judgments it had obtained in Russia wherever assets could be found. The judge held, inter alia, that any such injunction would appear to be an infringement of the sovereignty of the states where enforcement was taking place.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

Lindum Construction Co Ltd and others v Office of Fair Trading – WLR Daily

Posted May 21st, 2014 in appeals, competition, law reports, penalties, restitution, time limits, tribunals by sally

Lindum Construction Co Ltd and others v Office of Fair Trading: [2014] EWHC 1613 (Ch); [2014] WLR (D) 219

‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

In re G (A Child) (Custody Rights: Stay of Proceedings) – WLR Daily

Posted May 21st, 2014 in appeals, children, consent, custody, EC law, families, jurisdiction, law reports, stay of proceedings by sally

In re G (A Child) (Custody Rights: Stay of Proceedings): [2014] EWCA Civ 680; [2014] WLR (D) 220

‘As a matter of the domestic law of England and Wales, it was rare for an order relating to a child to be truly final if “final” meant ruling out further applications to the court. An order settling contact, or residence could subsequently be varied or discharged and new arrangements for the child substituted. That did not mean that the order for residence or contact was not final any more than would the fact that proceedings might be taken to enforce the order. Whether particular proceedings had come to an end was a fact specific question which had to be determined by careful examination of the circumstances in which the order which brought the proceedings to an end was made and its precise terms.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk