Current Awareness – Page 2307 – Legal News selected by the Inner Temple Library

Mental health detention powers must be reviewed urgently, says Parliamentary Committee – UK Human Rights Blog

Posted August 14th, 2013 in children, community care, detention, hospitals, human rights, mental health, news, reports by sally

“The House of Commons Health Committee has published a report (PDF) following its inquiries into the Mental Health Act 2007. The MHA 2007 introduced several amendments to the Mental Health Act 1983 (MHA, as amended), some of which were very controversial at the time and continue to be so now. The Health Committee’s report follows post-legislative scrutiny of the legislation by its parent department.”

UK Human Rights Blog, 14th August 2013

Source: www.ukhumanrightsblog.com

In re Southern Pacific Personal Loans Ltd; Oakley Smith and another v Information Commissioner – WLR Daily

Posted August 14th, 2013 in data protection, insolvency, law reports, loans, statutory interpretation by sally

In re Southern Pacific Personal Loans Ltd; Oakley Smith and another v Information Commissioner [2013] EWHC 2485 (Ch); [2013] WLR (D) 336

“Joint liquidators of a company were not data controllers within the meaning of section 1(1) of the Data Protection Act 1998 in respect of data processed by the company prior to its liquidation.”

WLR Daily, 8th August 2013

Source: www.iclr.co.uk

Regina (Nash) v Barnet London Borough Council – WLR Daily

Posted August 14th, 2013 in administrators, delay, fiduciary duty, judicial review, law reports, local government, time limits by sally

Regina (Nash) v Barnet London Borough Council [2013] EWCA Civ 1004; [2013] WLR (D) 335

“A local authority’s duty to consult under section 3(2) of the Local Government Act 1999 arose at a formative stage of the relevant process when the authority made arrangements to secure continuous improvement in the way in which its functions were exercised within section 3(1) of the Act. For the purposes of CPR r 54.5, a judicial review claim challenging the authority’s lack of consultation had to be brought within three months of the date when the grounds to make the claim had first arisen. That was the date the defendant authority had taken the decision to enter the procurement process for outsourcing, and since the claim had not been issued until the decision to enter into the contracts had been taken, it was out of time.”

WLR Daily, 2nd August 2013

Source: www.iclr.co.uk

Make better use of magistrates, says justice minister – The Guardian

Posted August 14th, 2013 in consultations, criminal justice, magistrates, news, speeches by sally

“Four in 10 people sent to crown court to be sentenced could have been dealt with by magistrates, saving valuable time and money, the justice minister will say on Wednesday.”

The Guardian, 14th August 2013

Source: www.guardian.co.uk

Parties to litigation must be aware of courts’ “strict and robust approach” to new costs rules, says expert – OUT-LAW.com

Posted August 14th, 2013 in arbitration, case management, civil procedure rules, costs, news, time limits by sally

“Parties to civil court litigation must ensure that they file and exchange costs budgets no later than seven days before the first case management conference or risk strict penalties under the new costs management regime, an expert has said.”

OUT-LAW.com, 13th August 2013

Source: www.out-law.com

Anti-social drivers face £100 fines and three point penalty – Daily Telegraph

Posted August 14th, 2013 in careless driving, fines, news, penalties, road traffic offences by sally

“Motorists who hog the middle lane, cut up other drivers or tailgate face £100 fines from tomorrow.”

Daily Telegraph, 14th August 2013

Source: www.telegraph.co.uk

Victims of crime to be given a voice and challenge police – Daily Telegraph

Posted August 14th, 2013 in appeals, cautions, domestic violence, magistrates, news, police, sexual offences, victims by sally

“Victims of crime could get the right to challenge police who let criminals off with a ‘slap on the wrist’, under Government proposals being unveiled today.”

Daily Telegraph, 14th August 2013

Source: www.telegraph.co.uk

WordPress pulls interview with anti-gay group Straight Pride UK – The Guardian

Posted August 14th, 2013 in copyright, freedom of expression, homosexuality, internet, news by sally

“Campaign group for ‘heterosexual equal rights’ uses US copyright law to issue a takedown notice.”

The Guardian, 13th August 2013

Source: www.guardian.co.uk

Patients sectioned unnecessarily just to gain access to a hospital bed – The Independent

Posted August 14th, 2013 in evidence, hospitals, mental health, news, select committees by sally

“Pressure on psychiatric wards has become so great that doctors are sectioning mentally ill patients unnecessarily, because it is often seen as the only way to gain access to a bed, MPs have found.”

The Independent, 14th August 2013

Source: www.independent.co.uk

Azelle Rodney death: Met to support police marksman’s legal challenge – The Guardian

Posted August 14th, 2013 in judicial review, news, police, reports, unlawful killing by sally

“Scotland Yard has announced it will support a legal challenge by one of its firearms officers attempting to overturn an official ruling that he unlawfully shot and killed a suspect.”

The Guardian, 13th August 2013

Source: www.guardian.co.uk

Thieves should not be jailed, says law expert – The Guardian

Posted August 14th, 2013 in community service, criminal damage, fines, fraud, handling stolen goods, imprisonment, news, theft, victims by sally

“Law professor Andrew Ashworth says prison should only be used for most serious violent, threatening or sexual crimes.”

The Guardian, 14th August 2013

Source: www.guardian.co.uk

Surveillance camera code of practice comes into force – Home Office

Posted August 13th, 2013 in closed circuit television, codes of practice, news by sally

“A new code of practice which will encourage more effective use of CCTV cameras comes into force today [12 August].”

Home Office, 12th August 2013

Source: www.gov.uk/home-office

Judicial review proceedings may be terminated by government – UK Human Rights Blog

Posted August 13th, 2013 in abuse of process, immigration, judicial review, ministers' powers and duties, news by sally

“The Government’s termination of existing judicial review proceedings via certification under the Justice and Security Act was ‘troubling’ but lawful. Parliament’s intention was clear, even though there were no new rules in force yet.”

UK Human Rights Blog, 12th August 2013

Source: www.ukhumanrightsblog.com

One hundred pubs listed as Assets of Community Value – OUT-LAW.com

Posted August 13th, 2013 in assets of community value, historic buildings, news by sally

“Community Pubs Minister Brandon Lewis has announced that 100 pubs across England have been listed as Assets of Community Value (ACV), the Independent has reported.”

OUT-LAW.com, 12th August 2013

Source: www.out-law.com

Thousands of UK citizens ‘detained unlawfully’ – Law Society’s Gazette

Posted August 13th, 2013 in Court of Protection, detention, human rights, mental health, news, select committees by sally

“Tens of thousands of vulnerable people are being detained unlawfully due to the complexity of the Mental Capacity Act (MCA), lawyers have told a House of Lords committee.”

Law Society’s Gazette, 12th August 2013

Source: www.lawgazette.co.uk

Employment law means all workers are equal – wherever they come from – The Guardian

Posted August 13th, 2013 in employment, equality, news, remuneration by sally

“The only way the law could be changed to allow British workers to receive favourable treatment in the recruitment market would be if the UK unwound its membership of the European Union. Otherwise it would be illegal under the Equality Act to discriminate against Polish workers or any other group from the EU.”

The Guardian, 12th August 2013

Source: www.guardian.co.uk

Redditch diabetic’s death leads to payout by health trust – BBC News

Posted August 13th, 2013 in compensation, hospitals, medical treatment, news, nurses by sally

“An undisclosed settlement has been paid by a health trust to the family of a woman who died after a hospital failed to treat her diabetes.”

BBC News, 13th August 2013

Source: www.bbc.co.uk

FOI reforms: dataset information could be disclosed in re-usable format even though copyright restrictions may still apply – OUT-LAW.com

Posted August 13th, 2013 in copyright, disclosure, fees, freedom of information, news, regulations by sally

“Public authorities could be required to make copyrighted information contained in datasets available in a re-usable format under changes to freedom of information (FOI) laws even if they are not in a position to sanction re-use.”

OUT-LAW.com, 12th August 2013

Source: www.out-law.com

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