Serious fraud trial abandoned because of cuts to legal aid for defence representation – UK Human Rights Blog

‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because cuts to legal aid, and as a result they would not get a fair trial under common law or Article 6 of the Convention. This case could be the first of a number of reversals following the government’s legal aid reforms with seven further trials due to start before September 2015 involving 28 defendants in similar positions.’

Full story

UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com

Juries need to be taught about the reality of rape, says DPP – The Independent

Posted May 7th, 2014 in evidence, judiciary, juries, news, rape by sally

‘Judges should warn juries about the common misconceptions people have about rape before they are allowed to hear any evidence, two of the leading figures in the fight against sex crime say today.’

Full story

The Independent, 6th May 2014

Source: www.independent.co.uk

Respecting offender’s blood refusal ‘correct’ – BBC News

Posted May 7th, 2014 in blood products, consent, doctors, medical treatment, mental health, news by sally

‘A doctor was right not to administer a blood transfusion to a mentally-ill sex offender refusing it on religious grounds, a High Court judge has said.’

Full story

BBC News, 6th May 2014

Source: www.bbc.co.uk

‘Do not resuscitate’ orders are failing patients, judges told – Daily Telegraph

Posted May 7th, 2014 in consent, hospitals, human rights, medical records, medical treatment, news by sally

‘Human rights watchdog joins family of patient in attempt to clarify rules over whether doctors must consult the seriously ill before deciding whether to resuscitate them.’

Full story

Daily Telegraph, 6th May 2014

Source: www.telegraph.co.uk

Forced marriage a problem for all religious minority communities in Britain – The Independent

Posted May 7th, 2014 in forced marriages, minorities, news by sally

‘Forced marriage is not confined to Britain’s Muslim communities but exists among all minority groups, the head of a commission into the issue has said.’

Full story

The Independent, 6th May 2014

Source: www.independent.co.uk

Top police officer blames £11,000 crime spree on brain injury – Daily Telegraph

Posted May 6th, 2014 in crime, fraud, news, personal injuries, police by sally

‘A senior police officer who carried out a series of frauds on high street stores and travel companies blamed her crime spree on a brain injury as she was jailed for two and a half years.’

Full story

Daily Telegraph, 6th May 2014

Source: www.telegraph.co.uk

Child prostitution woman Amanda Spencer jailed for 12 years – BBC News

Posted May 6th, 2014 in children, news, prostitution, sentencing by sally

‘A woman who ran a child sex ring from the age of 16 by luring “weak and vulnerable” girls into prostitution has been jailed for 12 years.’

Full story

BBC News, 6th May 2014

Source: www.bbc.co.uk

Palestinian asylum seeker to be deported for ‘appalling crime history’ – Daily Telegraph

Posted May 6th, 2014 in asylum, deportation, drug trafficking, news, recidivists by sally

‘A convicted Palestinian drug dealer is finally being thrown out of Britain after using the Human Rights Act to remain in the UK for an eight-year crime spree.’

Full story

Daily Telegraph, 6th May 2014

Source: www.telegraph.co.uk

Ofcom investigates Top Gear after complaint of ‘casual racism’ – Daily Telegraph

Posted May 6th, 2014 in complaints, media, news, racism by sally

‘Ofcom is to investigate Top Gear after allegations Jeremy Clarkson used a racist term during its Burma special.’

Full story

Daily Telegraph, 6th May 2014

Source: www.telegraph.co.uk

Danish Kaneria’s life ban from cricket upheld by the high court – The Guardian

Posted May 6th, 2014 in appeals, costs, disciplinary procedures, disqualification, news, sport by sally

‘Danish Kaneria, the former Essex and Pakistan spinner who was given a life ban after a disciplinary panel concluded that he had encouraged a team-mate to underperform, has lost a high court fight with the England and Wales Cricket Board.’

Full story

The Guardian, 6th May 2014

Source: www.guardian.co.uk

Judicial Review, Legal Aid and Operation Cotton – the Human Rights Roundup – UK Human Rights Blog

Posted May 6th, 2014 in human rights, judicial review, legal aid, lord chancellor, news, trials by sally

‘Legal aid, judicial review and the role of the Lord Chancellor dominated the headlines last week – with the Operation Cotton case and the Joint Committee on Human Right’s report on judicial review putting increasing pressure on the Government’s reforms.’

Full story

UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com

ONS report on ‘zero hours’ contracts highlights difficulties in legislating for them, says expert – OUT-LAW.com

Posted May 6th, 2014 in contract of employment, employment, news, reports by sally

‘The government would find it hard to create legislation to deal with zero hours contracts because it is hard to define exactly what is meant by a “zero hours” contract and how many people are working under them, an expert has said.’

Full story

OUT-LAW.com, 2nd May 2014

Source: www.out-law.com

Do we need a root-and-branch review of the Abortion Act? – Halsbury’s Law Exchange

Posted May 6th, 2014 in abortion, doctors, legislation, news by sally

‘In a thoughtful piece in the Guardian, MP Sarah Wollaston calls for a review of the Abortion Act. She focuses on the decision by the General Medical Council (GMC) not to pursue Fitness to Practice proceedings against 67 doctors who had pre-signed, without assessing the women concerned, the forms used to authorise abortion. She concludes: “… it makes no sense to prolong outdated and paternalistic attitudes that only doctors can make judgments about whether the grounds for the Abortion Act are satisfied. It makes even less sense to leave the situation as it is now with doubts about the legal obligation for a doctor to have seen the woman to whom form HSA1 refers; clear guidance must be issued as to whether doctors may sign based on evidence from clinical nurse specialists. A change to allow clinicians other than doctors to certify directly would, however, require an amendment to the Abortion Act.
In my view, the act is no longer fit for purpose. This would be a good time for a wider review of the ethical arguments and public attitudes, and to establish a legal framework fit for the 21st century.” ‘

Full story

Halsbury’s Law Exchange, 2nd May 2014

Source: www.halsburyslawexchange.co.uk

Judicial review to go ahead on impact of ‘bedroom tax’ on separated families – Local Government Lawyer

Posted May 6th, 2014 in benefits, families, housing, human rights, news, social security by sally

‘Human rights campaign group Liberty has been given permission by a High Court judge to bring a judicial review claim over the impact of the Government’s spare-room subsidy or “bedroom tax” on separated families with shared custody of children.’

Full story

Local Government Lawyer, 2nd May 2014

Source: www.localgovernmentlawyer.co.uk

New APIL president blames non-legally qualified lord chancellor for harsh reforms – Litigation Futures

‘A legally qualified Lord Chancellor would not have put in place the recent personal injury changes and court fee reform proposals, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’

Full story

Litigation Futures, 6th May 2014

Source: www.litigationfutures.com

Draft codes of practice for employers on preventing illegal working and avoiding discrimination during recruitment – Home Office

‘The draft codes of practice on preventing illegal working and avoiding unlawful discrimination while preventing illegal working have been laid in Parliament on Tuesday 6 May 2014 pursuant to section 19 and section 23 respectively of the Immigration, Asylum and Nationality Act 2006. They update the codes issued in February 2008.’

Full text

Home Office, 6th May 2014

Source: www.gov.uk/home-office

DPP statement following Clifford case – Crown Prosecution Service

‘Director of Public Prosecutions, Alison Saunders, said: “The prosecution in this case has proved Max Clifford’s guilt beyond reasonable doubt and the jury in this case decided that they were sure Max Clifford was guilty on eight of the eleven counts brought to court. He has rightly been held to account and sentenced today for his crimes.” ‘

Full press release

Crown Prosecution Service, 2nd May 2014

Source: www.cps.gov.uk

Regina (Lee-Hirons) v Secretary of State for Justice and another – WLR Daily

Posted May 6th, 2014 in appeals, detention, law reports, mental health, prisons, reasons by sally

Regina (Lee-Hirons) v Secretary of State for Justice and another: [2014] EWCA Civ 514; [2014] WLR (D) 183

‘Where the Secretary of State recalled a person to be detained in hospital under section 42(3) of the Mental Health Act 1983, the Secretary of State was not under a duty at common law nor under article 5.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to give his reasons for the person’s detention immediately when he was detained and thus such reasons were not required to be given in writing upon detention. However, article 5.2 required those reasons to be adequately and promptly given to him following his detention.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily

Posted May 6th, 2014 in contracts, domicile, EC law, jurisdiction, law firms, law reports, regulations by sally

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014

Source: www.iclr.co.uk

In re KP (A Child) (Abduction: Rights of Custody) – WLR Daily

In re KP (A Child) (Abduction: Rights of Custody): [2014] EWCA Civ 554; [2014] WLR (D) 181

‘The role of a judge meeting a child who was the subject of abduction proceedings under the Hague Convention should be largely that of a passive recipient of whatever communication the child wished to transmit, which the judge should not probe or seek to test.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk