Current Awareness

“British soldiers have the right, enshrined in European human rights law, to expect the government to take all reasonable steps to prevent them getting killed, the supreme court heard on Monday, in a case with profound implications for military commanders and their conduct of future operations.”

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The Guardian, 18th February 2013

Source: www.guardian.co.uk

A human rights reality check for the Home Secretary – UK Human Rights Blog

Posted February 19th, 2013 in deportation, human rights, immigration, judiciary, ministers' powers and duties, news, parliament by sally

“The Home Secretary, Theresa May, is no stranger to ill-founded outbursts concerning the evils of human rights. Against that background, her recent article in the Mail on Sunday (to which Adam Wager has already drawn attention) does not disappoint. May’s ire is drawn by certain recent judicial decisions in which the deportation of foreign criminals has been ruled unlawful on the ground that it would breach their right to respect for private and family life under Article 8 of the European Convention on Human Rights. Some of these judgments, May contends, flout instructions issued to judges by Parliament about how such cases should be decided.”

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UK Human Rights Blog, 18th February 2013

Source: www.ukhumanrightsblog.com

Psychic TV channel faces Ofcom fine over Dowler and Jackson claims – The Guardian

Posted February 19th, 2013 in fines, media, news, psychics by sally

“A psychic television channel faces a fine from media regulator Ofcom after two psychics made claims about Michael Jackson and the police investigation into murdered schoolgirl Milly Dowler.”

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The Guardian, 18th February 2013

Source: www.guardian.co.uk

Crime, Rehabilitation and the Right to Private Life: where should the “Bright line” fall? – Garden Court Chambers Blog

Posted February 19th, 2013 in crime, criminal records, employment, news, privacy, rehabilitation by sally

“Shereener Browne analyses the recent decision in T, R (on the application of) v Chief Constable of Greater Manchester & Ors and its impact on employment law.”

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Garden Court Chambers Blog, 18th February 2013

Source: www.gclaw.wordpress.com

Prospective adoptive child will not be taken from blind woman, for now – UK Human Rights Blog

Posted February 19th, 2013 in adoption, disabled persons, injunctions, local government, medical treatment, news by sally

“This case, described by Cobb J as an ‘unusual and troubling’ case, concerns a 1 year old girl ‘SB’ and a woman ‘RCW’. SB was born prematurely, at 27 weeks, weighing just 1 kg; almost immediately she was abandoned by her natural mother.”

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UK Human Rights Blog, 18th February 2013

Source: www.ukhumanrightsblog.com

Man sentenced for leaving severed pig’s head outside Muslim place of worship – The Guardian

Posted February 19th, 2013 in community service, costs, harassment, news, religiously aggravated offences, sentencing, suspended sentences by sally

“An office worker who left a severed pig’s head outside a Muslim place of worship on Boxing Day has been spared jail.”

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The Guardian, 18th February 2013

Source: www.guardian.co.uk

Law firm partner jailed for marriage scam – Daily Telegraph

Posted February 19th, 2013 in fraud, immigration, marriage, news, sentencing, solicitors by sally

“A partner in a law firm has been jailed for a £20 million ‘industrial scale’ immigration scam that saw about five sham marriages carried out a day over many years.”

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Daily Telegraph, 18th February 2013

Source: www.telegraph.co.uk

Jimmy Savile scandal: judge’s review contacted by more than 425 people – The Guardian

Posted February 19th, 2013 in BBC, child abuse, inquiries, news, sexual offences, victims by sally

“The judge-led investigation into sexual abuse at the BBC in the Jimmy Savile era has been contacted by more than 425 people and carried out 60 in-person interviews with witnesses.”

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The Guardian, 18th February 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 18th, 2013 in legislation by sally

The Civil Procedure (Amendment) Rules 2013

The Public Bodies (Water Supply and Water Quality Fees) Order 2013

The Parental Leave (EU Directive) Regulations 2013

The Police (Complaints and Conduct) Regulations 2013

The Transfer of Undertakings (Protection of Employment) (Transfers of Public Health Staff) Regulations 2013

The Judicial Committee (Appellate Jurisdiction) Rules (Amendment) Order 2013

The Community Radio (Guernsey) Order 2013

Source: www.legislation.gov.uk

Heterosexual couples challenge ‘discriminatory’ civil partnerships bar – Daily Telegraph

Posted February 18th, 2013 in civil partnerships, equality, human rights, news, sexual orientation discrimination by sally

“Laws restricting civil partnerships to gay couples discriminate against heterosexuals, four straight couples are to argue in a landmark challenge at the European Court of Human Rights.”

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Daily Telegraph, 16th February 2013

Source: www.telegraph.co.uk

Making rights to light more transparent – Law Commission

Posted February 18th, 2013 in building law, consultations, news, right to light by sally

“In a consultation opening today the Law Commission is asking for views on the current law on rights to light, including their creation, enforcement and extinguishment.”

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Law Commission, 18th February 2013

Source: www.lawcommission.justice.gov.uk

Children: Private Law Update – Family Law Week

Posted February 18th, 2013 in case management, civil partnerships, family courts, human rights, local government, news, parental rights, residence orders by sally

“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”

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Family Law Week, 13th February 2013

Source: www.familylawweek.com

New ‘risk-based’ approach to supervision approved – Bar Standards Board

Posted February 18th, 2013 in barristers, consultations, disciplinary procedures, news, quality assurance by sally

“The Bar Standards Board has approved a consultation on a new approach to the supervision of chambers and barristers.”

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Bar Standards Board, 15th February 2013

Source: www.barstandardsboard.org.uk

Postman jailed for burying 30,000 letters in garden – Daily Telegraph

Posted February 18th, 2013 in arson, criminal damage, news, postal service, sentencing by sally

“A postman has been jailed for destroying almost 30,000 letters he should have pushed through letterboxes.”

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Daily Telegraph, 18th February 2013

Source: www.telegraph.co.uk

Sale of personal gene data condemned as ‘unethical and dangerous’ – The Guardian

Posted February 18th, 2013 in data protection, insurance, medical records, news, privacy by sally

“Private firms will soon be able to buy people’s medical and genetic data without their consent and, in certain cases, acquire personal information that might enable them to identify individuals.”

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The Guardian, 17th February 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 18th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Dizaei v R. [2013] EWCA Crim 88 (14 February 2013)

Court of Appeal (Civil Division)

Commissioner of Police for the Metropolis v ZH [2013] EWCA Civ 69 (14 February 2013)

Tamiz v Google Inc [2013] EWCA Civ 68 (14 February 2013)

Niekrash v South London Healthcare NHS Trust [2013] EWCA Civ 64 (14 February 2013)

Moore v British Waterways Board [2013] EWCA Civ 73 (14 February 2013)

Weavering Capital (UK) Ltd & Ors v Dabhia & Anor [2013] EWCA Civ 71 (15 February 2013)

High Court (Chancery Division)

Sycamore Bidco Ltd v Breslin & Anor [2013] EWHC 174 (Ch) (14 February 2013)

Morshead Mansions Ltd v Mactra Properties Ltd [2013] EWHC 224 (Ch) (15 February 2013)

Highbury Pension Fund Management Company & Anor v Zirfin Investments Ltd & Ors [2013] EWHC 238 (Ch) (14 February 2013)

Source: www.bailii.org

Judge blocks ‘worrying’ attempt to take girl away from blind adoptive mother – Daily Telegraph

Posted February 18th, 2013 in adoption, carers, disabled persons, injunctions, local government, news, social services by sally

“A council has been blocked from removing a girl from her would-be adoptive mother who had gone blind, after a judge ruled social workers were wrong to assume that her visual impairment meant she was not a suitable parent.”

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Daily Telegraph, 15th February 2013

Source: www.telegraph.co.uk