Liquidators are not data controllers under the Data Protection Act 1998 – Technology Law Update

Posted September 2nd, 2013 in bankruptcy, data protection, liquidators, loans, mortgages, news by sally

“The High Court has found that liquidators under a voluntary liquidation are not data controllers for the purposes of the Data Protection Act 1998 (“DPA” or “Act”) and so are not personally responsible for compliance with the Act.”

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Technology Law Update, 2nd September 2013

Source: www.technology-law-blog.co.uk

Inside Feltham: Why London’s Young Offender Institution is one of the scariest prisons in Britain – The Independent

Posted September 2nd, 2013 in death in custody, news, prisons, reports, standards, violence, young persons by sally

“A recent report painted a shocking picture of abuse and violence at the prison. Archie Bland meets ex-inmates, and people who have lost relatives there.”

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The Independent, 31st August 2013

Source: www.independent.co.uk

New term, new approach to social care costs in SEN appeals – Education Law Blog

Posted September 2nd, 2013 in budgets, education, local government, news, special educational needs, tribunals by sally

“We’re back to school with a bang with the decision of the Upper Tribunal in WH v Warrington BC [2013] UKUT 0391 (AAC) where Judge Williams declined to follow O v Lewisham [2007] EWHC 2130 (Admin) and instead held that the only relevant “public expenditure” for the purposes of section 9 of the Education Act 1996 is that which comes out of the local authority’s education budget.”

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Education Law Blog, 1st September 2013

Source: www.education11kbw.com

West Midlands CPS pair jailed for £1m taxi fares scam – BBC News

Posted September 2nd, 2013 in Crown Prosecution Service, expenses, fraud, news, sentencing, taxis by sally

“A former Crown Prosecution Service finance manager and her partner have been jailed for making bogus expenses claims worth more than £1m.”

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BBC News, 30th August 2013

Source: www.bbc.co.uk

Fall in solicitor applications to bench ‘matter of concern’ says Judge – Law Society’s Gazette

Posted September 2nd, 2013 in diversity, judiciary, minorities, news, solicitors, women by sally

“The outgoing lord chief justice has called for action to reverse a decline in the number of solicitors applying for judicial posts. In his last annual report, published today, Lord Judge says ‘it is a matter of concern’ that there has been a decrease in the proportion of successful candidates with a professional background of solicitor.”

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Law Society’s Gazette, 30th August 2013

Source: www.lawgazette.co.uk

Leicester child prostitution trial: Six men jailed – BBC News

“Six men have been jailed for paying or offering to pay a “vulnerable and damaged” 16-year-old girl for sex.”

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BBC News, 30th August 2013

Source: www.bbc.co.uk

Quarter of prisoners in Britain’s jails forced to stay in overcrowded cells – The Independent

Posted September 2nd, 2013 in news, prisons, standards, statistics by sally

“Nearly a quarter of all prisoners are forced to stay in overcrowded cells while serving their sentences, according to new figures released today.”

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The Independent, 2nd September 2013

Source: www.independent.co.uk

No more squatters rights: 69 prosecuted in first year that new law came into effect, CPS data reveals – The Independent

Posted September 2nd, 2013 in news, prosecutions, sentencing, squatting, statistics by sally

“Almost 70 suspected squatters have been brought before the courts in the year since it became a crime, figures show.”

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The Independent, 1st September 2013

Source: www.independent.co.uk

Stalking laws lead to just 33 convictions in first six months – Daily Telegraph

Posted September 2nd, 2013 in Crown Prosecution Service, news, police, prosecutions, sentencing, stalking, statistics by sally

“Police officers should receive better training in how to use new anti-stalking laws after only 33 people were convicted under the legislation in its first six months, a new report has claimed.”

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Daily Telegraph, 31st August 2013

Source: www.telegraph.co.uk

IPCC investigates death of man ‘pushed by police’ during son’s arrest – The Guardian

“An investigation is under way into allegations that a 54-year-old man on crutches died after he was pushed by police during a raid on his house.”

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The Guardian, 30th August 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 30th, 2013 in legislation by sally

The Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees (Amendment) Order 2013

The Education (Information About Individual Pupils) (England) Regulations 2013

The Bus Service Operators Grant (England) (Amendment) Regulations 2013

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No. 2) Order 2013

The Universal Credit (Transitional Provisions) and Housing Benefit (Amendment) Regulations 2013

The Tribunal Procedure (Amendment No. 4) Rules 2013

Source: www.legislation.gov.uk

EVENT: King’s College London – Is Secret Justice No Justice At All? The Use of Closed Material

Posted August 30th, 2013 in Forthcoming events by sally

“Lord Phillips will discuss a practice recently introduced into English procedure in relation to “closed material”. This is a controversial practice under which one party, usually the State, puts before the Court evidence of a sensitive nature that is concealed from both the public, and the other party. Initially Parliament introduced this practice in a number of areas of public law where sensitive evidence is likely to be important. For example, closed material can be placed before the Special Immigration Appeals Commission (SIAC), which handles appeals in immigration or deportation cases where evidence is involved whose disclosure would often involve a threat to national security.”

Date: Monday 30th September 2013, 6.30-8.30 pm

Location: Edmond J Safra Lecture Theatre

Charge: Free

More information can be found here.

Council must pay compensation as Ombudsman find faults in planning permission process – OUT-LAW.com

Posted August 30th, 2013 in civil procedure rules, news, proportionality, sanctions, time limits by sally

“The Local Government Ombudsman has said that a local authority failed properly to assess an application for planning permission against planning policies and has ordered that compensation be paid to householders.”

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OUT-LAW.com, 29th August

Source: www.out-law.com

High Court ruling clouds tough line on relief from sanctions – Litigation Futures

Posted August 30th, 2013 in compensation, complaints, local government, news, notification, ombudsmen, planning by sally

“The new rule on relief from sanctions should not be applied so strictly that a refusal would be disproportionate and give the defendants an unjustified windfall, the High Court has ruled.”

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Litigation Futures, 29th August 2013

Source: www.litigationfutures.com

Rapist jailed after victim tapes confession – Daily Telegraph

Posted August 30th, 2013 in evidence, guilty pleas, news, rape, sentencing, victims by sally

“Rapist is caught after victim secretly taped him confessing to his crimes and describing her as an ‘easy target’ when he abused her when she was just 14.”

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Daily Telegraph, 30th August 2013

Source: www.telegraph.co.uk

Man jailed for shooting his pet dog – The Independent

Posted August 30th, 2013 in animal cruelty, disqualification, news, sentencing by sally

“A man who tried to kill his pet dog because he wasn’t able to find a new home for it has been sentenced to jail.”

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The Independent, 29th August 2013

Source: www.independent.co.uk

Nursing home inquest: Tea scalding ruled out as causing death of Margaret Young – The Independent

Posted August 30th, 2013 in care homes, duty of care, inquests, medical treatment, news by sally

“Coroner rules that wound was caused by cellulitis infection, not hot drink, and that there was no evidence 73-year-old would have survived if different action was taken.”

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The Independent, 29th August 2013

Source: www.independent.co.uk

Mid Staffs trust to be prosecuted over death of diabetic patient – The Guardian

Posted August 30th, 2013 in duty of care, health, health & safety, hospitals, inquests, news, prosecutions, reports by sally

“The Mid Staffs NHS foundation trust, castigated for providing appalling care for years to patients, is to be prosecuted over a diabetic patient who died after falling into a diabetic coma – an unprecedented change in criminal accountability in the health service.”

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The Guardian, 29th August 2013

Source: www.guardian.co.uk

M62 crash deaths caused by lorry driver as he read text – BBC News

“A man who killed a couple when his lorry toppled on to their car as he read a text message has been jailed.”

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BBC News, 29th August 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted August 29th, 2013 in law reports by sally

High Court (Chancery Division)

Brown v Stephenson [2013] EWHC 2531 (Ch) (23 August 2013)

High Court (Administrative Court)

Beghal v Director of Public Prosecutions [2013] EWHC 2573 (Admin) (28 August 2013)

Source: www.bailii.org