Regulators warned over covert surveillance of businesses thought to be selling age-restricted products to children – OUT-LAW.com

Posted February 4th, 2013 in codes of practice, investigatory powers, news, privacy, young persons by sally

“Enforcement bodies have been warned about disproportionately invading traders’
privacy when carrying out checks over the way age-restricted products are sold.”

Full story

OUT-LAW.com, 1st February 2013

Source: www.out-law.com

Hargreaves supportive of Government copyright reforms but questions limitations to private copying exception – OUT-LAW.com

Posted February 4th, 2013 in copyright, EC law, intellectual property, news by sally

“The academic who led the most recent official review into the UK’s intellectual
property (IP) framework has questioned whether the Government’s plans to enable
individuals to make private copies of copyrighted material go far enough.”

Full story

OUT-LAW.com, 1st February 2013

Source: www.out-law.com

When a deficiency makes no difference – NearlyLegal

Posted February 4th, 2013 in homelessness, housing, local government, news by sally

“The question for the Court of Appeal in this second appeal from a homeless appeal, was ‘How should the courts deal with a plainly deficient homelessness decision when the deficiency has had no adverse consequences for the applicant?’. The issue being the effect of the lack of a ‘minded to’ letter requesting submissions under Regulation 8(2) Allocation of Housing and Homelessness (Review Procedures) Regulations 1999. As we’ll see, the Court of Appeal agrees on the result, but not on the way of getting to it.”

Full story

NearlyLegal, 3rd February 2013

Source: www.nearlylegal.co.uk/blog/

Undue Influence in the Family – A 2013 Update – Family Law Week

Posted February 4th, 2013 in families, loans, mortgages, news, undue influence by sally

“Luke Barnes, barrister at Three Dr Johnson’s Buildings, examines the issue of undue influence in family matters.”

Full story

Family Law Week, 1st February 2013

Source: www.familylawweek.co.uk

Gay asylum seekers feeling increased pressure to prove sexuality, say experts – The Guardian

Posted February 4th, 2013 in asylum, evidence, homosexuality, human rights, immigration, news by sally

“Gay asylum seekers are increasingly going to extreme lengths to meet immigration officials’ demands that they prove their sexual identity or else be returned to countries where they face persecution.”

Full story

The Guardian, 3rd February 2013

Source: www.guardian.co.uk

May Lewis Cardiff lift death: Unlawful killing verdict – BBC News

“An inquest jury has returned a verdict of unlawful killing on a 96-year-old woman in a wheelchair who died in a lift shaft fall.”

Full story

BBC News, 1st February 2013

Source: www.bbc.co.uk

Frederick Gilliard jailed for killing wife with statue – BBC News

Posted February 4th, 2013 in domestic violence, homicide, mental health, news, sentencing by sally

“A 76-year-old man who bludgeoned his wife with a garden statue has been jailed
for four years.”

Full story

BBC news, 1st February 2013

Source: www.bbc.co.uk

Police spies stole identities of dead children – The Guardian

Posted February 4th, 2013 in children, complaints, identity fraud, news, police, public records by sally

“Undercover officers created aliases based on details found in birth and death records, Guardian investigation reveals.”

Full story

The Guardian, 3rd February 2013

Source: www.guardian.co.uk

Pro bono and access to justice: mind the gap – The Guardian

Posted February 4th, 2013 in legal aid, legal education, news, pro bono work by sally

“Should the UK follow New York’s lead and create a compulsory pro bono scheme to fill the legal aid gap?”

Full story

The Guardian, 4th February 2013

Source: www.guardian.co.uk

Justice minister, Chris Grayling, accused of legal interference – The Independent

Posted February 4th, 2013 in anonymity, consent orders, courts, imprisonment, Ministry of Justice, news by sally

“Chris Grayling, the Justice Secretary and Lord Chancellor, was at the centre of a major legal row last night amid accusations that he politically interfered with a judicial decision taken by his own department.”

Full story

The Independent, 3rd February 2013

Source: www.independent.co.uk

Twitter cases ‘threat to freedom of speech’ – Daily Telegraph

Posted February 4th, 2013 in freedom of expression, internet, malicious communications, news, prosecutions by sally

“Keir Starmer, the Director of Public Prosecutions, said too many investigations
into comments on networks such as Twitter would have a ‘chilling effect’ on free
speech. He issued his warning as he signalled that anyone who posted an
offensive message but then quickly removed it could escape prosecution.”

Full story

Daily Telegraph, 3rd February 2013

Source: www.telegraph.co.uk

Mental health ‘excuse’ to sign off abortions – Daily Telegraph

Posted February 4th, 2013 in abortion, medical ethics, mental health, news by sally

“Doctors are routinely bending the law to allow women to have abortions on questionable mental-health grounds, the head of Britain’s biggest abortion provider has said.”

Full story

Daily Telegraph, 4th February 2013

Source: www.telegraph.co.uk

UK military interrogation method lawful, High Court says – BBC News

Posted February 4th, 2013 in armed forces, human rights, imprisonment, Iraq, news by sally

“The use of a ‘verbal short sharp shock’ on prisoners interrogated by British troops is lawful, judges have decided.”

Full story

BBC News, 1st February 2013

Source: www.bbc.co.uk

Fraud reporting change criticised – BBC News

Posted February 4th, 2013 in fraud, news, police, victims by sally

“Victims of fraud across the UK will be told to contact the Home Office agency Action Fraud rather than their local force from 1 April. The government says this will create a central record which can then be used to combat the most serious criminals.The police will only respond to fraud directly if an immediate response is needed via a 999 call.Critics of the new system say this means only major fraud cases will now be investigated.”

Full story

BBC News, 2nd February 2013

Source: www.bbc.co.uk

Anonymous teenage hacker spared jail over cyber attacks – The Guardian

Posted February 1st, 2013 in computer crime, conspiracy, news, sentencing, young offenders by sally

“A ‘profoundly isolated’ teenage hacker has been given a youth rehabilitation order for his role in planning cyber attacks with the hacking group Anonymous.”

Full story

The Guardian, 1st February 2013

Source: www.guardian.co.uk

April Casburn jailed for News of the World leak offer – BBC News

Posted February 1st, 2013 in interception, media, misfeasance in public office, news, police, sentencing by sally

“The first person to be prosecuted as part of the investigation into payments by journalists to officials has been sentenced to 15 months in prison.”

Full story

BBC News, 1st February 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 1st, 2013 in law reports by sally

Court of Appeal (Civil Division)

EU (Afghanistan) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 32 (31 January 2013)

LH (Nigeria) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 26 (30 January 2013)

Court of Appeal (Criminal Division)

Druce v R. [2013] EWCA Crim 40 (31 January 2013)

High Court (Chancery Division)

A & E Television Networks LLC & Anor v Discovery Communications Europe Ltd [2013] EWHC 109 (Ch) (01 February 2013)

St Anselm Development Company Ltd v Slaughter and May (A Firm) [2013] EWHC 125 (Ch) (01 February 2013)

Lissack v Manhattan Loft Corporation Ltd [2013] EWHC 128 (Ch) (31 January 2013)

GKN Holdings Plc & Ors v Inland Revenue & Anor [2013] EWHC 108 (Ch) (31 January 2013)

Pavledes & Anor v Hadjisavva & Anor [2013] EWHC 124 (Ch) (31 January 2013)

High Court (Commercial Court)

Bunge SA v Nidera BV [2013] EWHC 84 (Comm) (29 January 2013)

High Court (Family Division)

S v D & E [2013] EWHC 134 (Fam) (31 January 2013)

Source: www.bailii.org.uk

Hackney London Borough Council v Sivanandan and others – WLR Daily

Hackney London Borough Council v Sivanandan and others: [2013] EWCA Civ 22;   [2013] WLR (D)  34

“The employment tribunal had not erred in law when, on a complaint of victimisation, it made an award of compensation against an employer which was much larger than an award it had already made against the employer’s employee at an earlier remedy hearing in which the employer had not taken part.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk

Regina (Ali and others) v Secretary of State for Justice – WLR Daily

Posted February 1st, 2013 in compensation, judicial review, law reports, miscarriage of justice by sally

Regina (Ali and others) v Secretary of State for Justice: [2013] EWHC 72 (Admin);   [2013] WLR (D)  35

“A useful test to determine whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, was whether he had established, beyond reasonable doubt, that no reasonable jury (or magistrates) properly directed as to the law, could convict on the evidence now to be considered.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

Wolkowicz and others v Polish Judicial Authority and another – WLR Daily

Posted February 1st, 2013 in adjournment, appeals, EC law, extradition, law reports, mental health by sally

Wolkowicz and others v Polish Judicial Authority and another: [2013] EWHC 102 (Admin);  [2013] WLR (D)  36

“Although section 25 of the Extradition Act 2003 should be interpreted, wherever possible, to achieve the results sought by article 23(4) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant, it nevertheless gave express power to discharge and was not limited to a temporary postponement save in exceptional cases.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk