Jail sentence penalties for data breaches will be consulted on despite Government’s scepticism – OUT-LAW.com

“The Government has reiterated its commitment to consult on introducing custodial sentences as a possible penalty for individuals who breach UK data protection laws.”

Full story

OUT-LAW.com, 11th October 2013

Source: www.out-law.com

Grayling: legal market needs to be more diverse and innovative – Legal Futures

Posted October 14th, 2013 in diversity, legal services, Legal Services Board, news by sally

“The new chairman of the Legal Services Board (LSB) needs to help develop ‘a more diverse and innovative legal services market that attracts new providers’, justice secretary Chris Grayling has said.”

Full story

Legal Futures, 14th October 2013

Source: www.legalfutures.co.uk

The Supreme Court’s curious constitutional U turn over prisoner rights – UK Human Rights Blog

“Writing in his magisterial new work, Human Rights and the UK Supreme Court, Professor Brice Dickson noted that the Human Rights Act had created ‘an internationalized system of human rights protection rather than a constitutional one.’ Indeed, there had been a marked resistance on the part of the Supreme Court to use the common law to achieve the same goal of human rights protection. In Osborn v The Parole Board the Supreme Court seemed to resile from this position.”

Full story

UK Human Rights Blog, 13th October 2013

Source: www.ukhumanrightsblog.com

Criminal compensation reforms would shift burden of proof on to victims – The Guardian

“Victims of miscarriages of justice will have to prove their innocence in future or endure damaged reputations, human rights groups and Labour’s parliamentary frontbench are warning.”

Full story

The Guardian, 14th October 2013

Source: www.guardian.co.uk

Six years, three judges, £350,000 in costs to the taxpayer… and no change: Judge hits out at ‘astonishing’ cost of Court of Protection case – The Independent

“A High Court Judge has hit out at the ‘astonishing’ cost of a six year legal battle in the Court of Protection which ended today after all parties agreed a woman should stay in care.”

Full story

The Independent, 11th October 2013

Source: www.independent.co.uk

Sexual offences: Wrong questions asked of victims, says Keir Starmer – BBC News

“Victims of sexual offences have been afraid of reporting them because police have asked ‘the wrong questions’, the director of public prosecutions for England and Wales has said.”

Full story

BBC News, 13th October 2013

Source: www.bbc.co.uk

Nine in 10 walk free for first violent crime – Daily Telegraph

Posted October 14th, 2013 in community service, news, sentencing, statistics, violent offenders, women by sally

“The majority of people convicted for the first time of violent crime are walking free, new figures show.”

Full story

Daily Telegraph, 12th October 2013

Source: www.telegraph.co.uk

Gloucester cellar sex attack youths jailed for attack on boy – BBC News

Posted October 14th, 2013 in news, rape, sentencing, sexual offences, young offenders by sally

“Two teenagers who carried out a ‘sadistic’ sex attack on a boy, have been jailed for 10 years each.”

Full story

BBC News, 11th October 2013

Source: www.bbc.co.uk

Sisters must receive MMR vaccine, court rules – The Guardian

Posted October 14th, 2013 in families, medical ethics, medical treatment, news, vaccination by sally

“A judge has ruled that two sisters must receive the MMR vaccine even though neither they nor their mother want them to have it.”

Full story

The Guardian, 12th October 2013

Source: www.guardian.co.uk

New police anti-terror powers could be unlawful, say MPs – The Independent

“Intrusive anti-terrorism powers that give police the right to detain travellers for up to six hours without suspicion, as well as download data from their phones and laptops, are unlawful, a group of MPs has warned.”

Full story

The Independent, 11th October 2013

Source: www.independent.co.uk

Schedule 7 powers too intrusive, says committee – The Guardian

“Stop and search powers at ports and airports – used to detain the partner of the Guardian journalist Glenn Greenwald for nine hours during the summer – are too intrusive, according to a parliamentary committee.”

Full story

The Guardian, 11th October 2013

Source: www.guardian.co.uk

South Yorkshire sex abusers not to face extra charges – BBC News

“Two men who pleaded guilty to more than 50 ‘appalling’ child sex offences will not face trial over 14 other allegations, prosecutors have said.”

Full story

BBC News, 14th October 2013

Source: www.bbc.co.uk

Human Rights Act must stay, says CPS director Keir Starmer – The Independent

“Repealing the Human Rights Act would be ‘retrograde step’ that would hurt the victims of crime and witnesses alike, the outgoing director of the Crown Prosecution Service (CPS) has warned.”

Full story

The Independent, 13th September 2013

Source: www.independent.co.uk

GCHQ accused of monitoring privileged emails between lawyers and clients – The Guardian

“GCHQ is probably intercepting legally privileged communications between lawyers and their clients, according to a detailed claim filed on behalf of eight Libyans involved in politically sensitive compensation battles with the UK.”

Full story

The Guardian, 13th October 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted October 11th, 2013 in law reports by sally

Supreme Court

Secretary of State for the Home Department v Al -Jedda [2013] UKSC 62 (9 October 2013)

Osborn v The Parole Board [2013] UKSC 61 (9 October 2013)

High Court (Queen’s Bench Division)

ABC v Avtar Lit [2013] EWHC 3020 (QB) (10 October 2013)

High Court (Chancery Division)

Couper & Ors v Albion Properties Ltd & Ors [2013] EWHC 2993 (Ch) (08 October 2013)

High Court (Administrative Court)

West Kensington Estate Tenants and Residents Association & Anor v London Borough of Hammersmith and Fulham & Anor [2013] EWHC 2834 (Admin) (09 October 2013)

Wakil (t/a Orya Textiles) & Orsv London Borough of Hammersmith and Fulham [2013] EWHC 2833 (Admin) (09 October 2013)

High Court (Technology and Construction Court)

CG Group Ltd v Breyer Group Plc [2013] EWHC 2959 (TCC) (03 October 2013)

KNN Coburn LLP v GD City Holdings Ltd [2013] EWHC 2879 (TCC) (02 October 2013)

Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd [2013] EWHC 2916 (TCC) (10 October 2013)

Source: www.bailii.org

Human rights attacked again – the thorny issue of ‘just satisfaction’ – Legal Week

Posted October 11th, 2013 in human rights, judiciary, news, treaties by sally

The attack on human rights protection is relentless. The Daily Mail and The Telegraph this week reported that judges in Strasbourg have handed criminals taxpayer-funded payouts of £4.4m – an average of £22,000 a head. Recipients since 1998 include the traitor George Blake, extremist cleric Abu Qatada and the IRA killer dubbed Mrs Doubtfire.

Full story

Legal Week, 10th October 2013

Source: www.legalweek.com

War criminal Charles Taylor to serve 50-year sentence in British prison – The Guardian

Posted October 11th, 2013 in imprisonment, news, sentencing, United Nations, war crimes by sally

“Charles Taylor, the convicted former Liberian president, will serve his 50-year sentence for war crimes in a British prison, the ministry of justice has confirmed.”

Full story

The Guardian, 10th October 2013

Source: www.guardian.co.uk

Regina (Osborn) v Parole Board; Regina (Booth) v Same; In re Reilly – WLR Daily

Regina (Osborn) v Parole Board; Regina (Booth) v Same; In re Reilly [2013] UKSC 61; [2013] WLR (D) 374

“The protection of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms was not a discrete area of the law, based on the jurisprudence of the European Court of Human Rights, but permeated the domestic legal system. Compliance with article 5.4 of the Convention required that there had, in the first place, to be compliance with the relevant procedural and substantive rules of domestic law.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

Eclairs Group Ltd and another v JKX Oil & Gas plc and others – WLR Daily

Eclairs Group Ltd and another v JKX Oil & Gas plc and others [2013] EWHC 2631 (Ch); [2013] WLR (D) 373

“The ‘reasonable cause to believe’ provision in section 793 of the Companies Act 2006 operated for the purposes of all its subsections, but operated only in relation to the addressee of a notice. Questions directed to a person who had or was believed to have an interest in the company’s shares about the interests of another person had to be questions about interests in the addressee’s shares, not other shares. It was permissible to ask and receive an answer to the direct question ‘Does [the third party] have an interest?’.”

WLR Daily, 30th August 2013

Source: www.iclr.co.uk

Regina (Uddin) v Crown Court at Leeds – WLR Daily

Posted October 11th, 2013 in bail, indictments, judicial review, jurisdiction, law reports by sally

Regina (Uddin) v Crown Court at Leeds [2013] EWHC 2752 (Admin); [2013] WLR (D) 372

“Pursuant to section 29(3) of the Senior Courts Act 1981, as amended, a decision to revoke the bail of a defendant during the course of a trial on indictment before the Crown Court was not amenable to judicial review by the High Court, such a decision ‘relating to trial on indictment’ within the meaning of the subsection.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk