What will happen to human rights after the next election? – UK Human Rights Blog
“Human rights will be a politically live issue at the next election. Leading on the issue will by the Conservative Party, urged on by elements in the media such as the Daily Mail with a commercial interest in resistance to any law on privacy deriving from human rights. So, the Working Men’s College has done well to identify this topic for exploration. This evening is a celebration of the college’s stated aim to ‘engage positively with the past, while finding new ways to pursue its founders’ aims into the 21st century.’ ”
UK Human Rights Blog, 20th March 2013
Source: www.ukhumanrightsblog.com
Privacy, Protests and Policing – Panopticon
“In Catt v ACPO and others; T v Commissioner of Police of the Metropolis and another [2013] EWCA Civ 192, the Court of Appeal considered two appeals regarding the powers of the police to collect and retain personal information about members of the public. Both cases turned on the application of Article 8 of the Convention; in both, the Court held that there had been an interference with the Article 8(1) right to respect for private life, and that the interference was not justified under Article 8(2).”
Panopticon, 20th March 2013
Source: www.panopticonblog.com
Police community support officer guilty of sex charges – The Guardian
“A police community support officer was jailed for seven years on Tuesday for repeatedly targeting vulnerable women for sex while on duty.”
The Guardian, 19th March 2013
Source: www.guardian.co.uk
Supreme court rules it can examine secret judgements by lower courts – The Guardian
“The supreme court has ruled for the first time in its history that it can examine secret judgments given by lower courts.”
The Guardian, 19th March 2013
Source: www.guardian.co.uk
Cold-calling firm fined £90,000 in first penalty of its kind – Daily Telegraph
“A marketing firm has become the first to be fined £90,000 after plaguing members
of the public with thousands of unwanted calls.”
Daily Telegraph, 20th March 2013
Source: www.telegraph.co.uk
Press regulation: publishers may have grounds for legal challenge – The Guardian
“Newspapers likely to take action over regulations that will require huge payouts when stories are wrong.”
The Guardian, 19th March 2013
Source: www.guardian.co.uk
Equal pay in City law: is there a light at the end of the tunnel? – The Guardian
“We urgently need up to date research on gender and equality pay within the legal sector, say LSB.”
The Guardian, 20th March 2013
Source: www.guardian.co.uk
Police overhaul of missing persons cases ‘could put children at risk’ – Daily Telegraph
“An overhaul of how police deal with missing people could put vulnerable children
at risk of being groomed and sexually exploited, the NSPCC has said.”
Daily Telegraph, 20th March 2013
Source: www.telegraph.co.uk
Police hid files on celebrity suspects – Daily Telegraph
“Hundreds of police files on celebrities and politicians accused of sex assault
were so heavily protected that even officers investigating claims could not
access them.”
Daily Telegraph, 20th March 2013
Source: www.telegraph.co.uk
MPs warn of £42.8m data protection shortfall – BBC News
“England’s Information Commissioner’s Office could be facing a £42.8m shortfall
that may have to be paid for by the taxpayer, MPs has warned.”
BBC News, 20th March 2013
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Misuse of Drugs (Amendment No. 2) (England, Wales and Scotland) Regulations 2013
The Misuse of Drugs (Designation) (Amendment No. 2) (England, Wales and Scotland) Order 2013
The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2013
The Immigration and Nationality (Cost Recovery Fees) Regulations 2013
The Criminal Justice and Immigration Act 2008 (Commencement No. 15) Order 2013
The Social Security Benefits Up-rating Order 2013
The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2013
Source: www.legislation.gov.uk
Payday lender shut down by OFT over identity fraud – The Guardian
“Payday lender MCO Capital has been shut down by the Office of Fair Trading, after it failed to stop fraudsters taking out loans using more than 7,000 stolen identities.”
The Guardian, 19th March 2013
Source: www.guardian.co.uk
Hacker jailed for bid to steal carbon credits from UN – Daily Telegraph
“A cyber-criminal nicknamed the ‘Black Dragon’, who masterminded an audacious
attempt to hack into the United Nations computer systems to steal £6.5m worth of
carbon credits, was jailed for three-and-a-half years yesterday.”
Daily Telegraph, 19th March 2013
Source: www.telegraph.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Rothschild v Associated Newspapers Ltd [2013] EWCA Civ 197 (19 March 2013)
Taylor v A. Novo (UK) Ltd [2013] EWCA Civ 194 (18 March 2013)
Swift v Secretary of State for Justice [2013] EWCA Civ 193 (18 March 2013)
Court of Appeal (Criminal division)
F, R. v [2013] EWCA Crim R1 (14 March 2013)
High Court (Chancery Division)
Aveda Corporation v Dabur India Ltd [2013] EWHC 589 (Ch) (18 March 2013)
Sycamore Bidco Ltd v Breslin & Anor [2013] EWHC 583 (Ch) (18 March 2013)
High Court (Commercial Court)
JSC BTA Bank v Ablyazov & Ors [2013] EWHC 510 (Comm) (19 March 2013)
Source: www.bailii.org
Taylor (Bonnett) v The Queen – WLR Daily
Taylor (Bonnett) v The Queen: [2013] UKPC 8; [2013] WLR (D) 104
“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
Vehicle Control Services Ltd v Revenue and Customs Comrs – WLR Daily
Vehicle Control Services Ltd v Revenue and Customs Comrs: [2013] EWCA Civ 186; [2013] WLR (D) 105
“A taxpayer company which entered into a contract with owners or lawful occupiers of car parks or land to provide parking control services, and levied parking penalty charges on motorists for breach of the particular car park’s rules by issuing a charge notice against a motorist in breach, was entitled to claim that the charges amounted to damages for breach of contract made between the taxpayer and the motorist or damages for trespass; and the taxpayer was therefore not liable to pay VAT on those charges.”
WLR Daily, 13th March 2013
Source: www.iclr.co.uk
Leth v Republic of Austria – WLR Daily
Leth v Republic of Austria: (Case C-420/11); [2013] WLR (D) 106
“The effect which a development project had on the value of material assets was not a factor that an assessor had to take into account under article 3 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended (OJ 1985 L175, p 40, OJ 1997 L73, p 5, OJ 2003 L156, p17) when undertaking an environmental impact assessment. However, pecuniary damage, in so far as it was the direct economic consequence of the environmental effects of a project, was covered by the objective of protection of the environment pursued by the Directive.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
R (McGetrick) v Parole Board and another – WLR Daily
R (McGetrick) v Parole Board and another: [2013] EWCA Civ 182; [2013] WLR (D) 107
“The Parole Board had power to make an interlocutory direction requiring that evidence submitted by the Secretary of State be excluded from the final dossier of material taken into account by the panel deciding on whether to release a prisoner on licence.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening) – WLR Daily
“The retention by the police of personal information on an individual stored on a police national database, or the issue of a warning notice against a person accused of harassment and its retention in police records, involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and such retention would breach the right unless justified.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk