ICO fear of press power let journalists off with data blagging offences, ex-investigator claims – OUT-LAW.com

Posted December 5th, 2011 in data protection, interception, media, news, privacy, prosecutions by sally

“The Information Commissioner’s Office (ICO) had enough evidence to prosecute journalists for unlawfully obtaining personal data found during the watchdog’s Operation Motorman investigation, a former senior investigator at the ICO has said.”

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OUT-LAW.com, 5th December 2011

Source: www.out-law.com

The “Other” Adjudication: why property lawyers need to know about construction adjudication – Hardwicke Chambers

Posted December 5th, 2011 in construction industry, dispute resolution, news by sally

“In a property context, when we talk about adjudication, we normally mean the Land Registry adjudication procedure for resolving disputes about registered land.”

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Hardwicke Chambers, 30th November 2011

Source: www.hardwicke.co.uk

In re A (Children) (Judgment: Adequacy of Trial Judge’s Reasoning) – WLR Daily

Posted December 5th, 2011 in family courts, judgments, law reports, news, reasons by sally

In re A (Children) (Judgment: Adequacy of Trial Judge’s Reasoning) [2011] EWCA Civ 1205; [2011] WLR (D) 346

“The Court of Appeal gave guidance as to the practice to be adopted where there was concern about the adequacy of a trial judge’s reasoning, when adjourning, part heard, an appeal by the mother of two children, A and L, against the decision of Judge Compston, sitting as a judge of the Family Division on 27 May 2011, as to the adequacy of his judgment on a fact finding hearing in ongoing care proceedings relating to the children, and inviting the judge to provide such further reasons on particular matters as he might think appropriate by way of elucidation, clarification, elaboration or otherwise of his judgment.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk

Regina v Lyons – WLR Daily

Posted December 5th, 2011 in armed forces, conscientious objection, human rights, law reports by sally

Regina v Lyons [2011] EWCA Crim 2808; [2011] WLR (D) 345

“A person who, having voluntarily entered military service, sought to be discharged from further service on the ground of conscientious objection was subject to the requirements of military service and military discipline until his claim had been established. The giving of notice of appeal did not justify a refusal to obey a lawful command pending the determination of the appeal.”

WLR Daily, 1st December 2011

Source: www.iclr.co.uk

Regina v Gill; Regina v Eccles; Regina v Abu-Neigh (formerly Wallace) – WLR Daily

Posted December 5th, 2011 in appeals, law reports, sentencing by sally

Regina v Gill; Regina v Eccles; Regina v Abu-Neigh (formerly Wallace) [2011] EWCA Crim 2795; [2011] WLR (D) 344

“Where a defendant was sentenced to a mandatory sentence of life imprisonment and the minimum term was to be determined pursuant to paragraphs 3 or 6 of Schedule 22 to the Criminal Justice Act 2003 (which related to transitional cases) a reduction in the length of the minimum term could take account of exceptional progress made by the defendant whilst in prison. However, possible reductions for exceptional progress in prison did not form part of any appeal process for sentences imposed after 18 December 2003.”

WLR Daily, 1st December 2011

Source: www.iclr.co.uk

Data laws ‘have made university references worthless’ – BBC News

“References provided by schools about university applicants have been rendered worthless by the Data Protection Act, a crossbench peer has told the BBC.”

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BBC News, 5th December 2011

Source: www.bbc.co.uk

Police officer cleared of custody assault wins his job back – The Guardian

Posted December 5th, 2011 in assault, disciplinary procedures, news, police by sally

“A police officer who was sacked after being jailed for throwing a woman onto the concrete floor of a cell has won his job back.”

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The Guardian, 2nd December 2011

Source: www.guardian.co.uk

Church of England bans hosting civil partnership ceremonies – BBC News

Posted December 5th, 2011 in Church of England, civil partnerships, news by sally

“The Church of England will not allow its churches to be used for civil partnership ceremonies unless the full General Synod gives consent, it says.”

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BBC News, 3rd December 2011

Source: www.bbc.co.uk

‘Honour’ crimes against women in UK rising rapidly, figures show – The Guardian

Posted December 5th, 2011 in domestic violence, forced marriages, news, women by sally

“The number of women and girls in the UK suffering violence and intimidation at the hands of their families or communities is increasing rapidly, according to figures revealing the nationwide scale of ‘honour’ abuse for the first time.”

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The Guardian, 3rd December 2011

Source: www.guardian.co.uk

Extradition – a lawyer’s view – Daily Telegraph

Posted December 5th, 2011 in extradition, news by sally

“As the House of Commons today holds a historic debate on the UK-US extradition treaty, leading barrister Alun Jones QC warns of an imbalance.”

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Daily Telegraph, 5th December 2011

Source: www.telegraph.co.uk

Rapists abuse courts to harass victims – The Guardian

Posted December 5th, 2011 in harassment, news, victims by sally

“Convicted murderers, rapists and stalkers are pursuing their victims through the family and civil courts via legal actions that are often funded by the public purse, say experts who are demanding an urgent change in the law.”

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The Guardian, 3rd December 2011

Source: www.guardian.co.uk

Extradition row: Give British judges final say on where cases should be tried – Daily Telegraph

Posted December 5th, 2011 in choice of forum, extradition, news by sally

“British judges should be given the power to decide where cases should be tried to avoid drawn-out extradition rows, according to legal experts.”

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Daily Telegraph, 2nd December 2011

Source: www.telegraph.co.uk

Julian Assange seeks to take legal fight to highest UK court – The Guardian

Posted December 5th, 2011 in appeals, extradition, news, sexual offences by sally

“WikiLeaks’ founder Julian Assange will make one further attempt to avert extradition to Sweden, where he is wanted for questioning over alleged sex crimes, when he asks judges on Monday to refer his case to Britain’s highest court.”

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The Guardian, 5th December 2011

Source: www.guardian.co.uk

Lawyers to get tablet computers in move towards paperless courts – The Guardian

Posted December 2nd, 2011 in criminal justice, Crown Prosecution Service, electronic filing, news by sally

“Judges, jurors and barristers are set to replace their traditional bundles of papers with iPad-style devices in an attempt to create paperless courts. Prosecutors will be given tablet devices that will contain all the evidence and documentation needed to conduct court hearings.”

Full story

The Guardian, 2nd December 2011

Source: www.guardian.co.uk

Lecturer spared jail after schoolgirl died taking drugs at his home – Daily Telegraph

Posted December 2nd, 2011 in drug abuse, drug offences, news, sentencing by sally

“University lecturer Brian Dodgeon, who admitted possessing a hoard of Class A drugs at his house where a schoolgirl died, was spared jail today.”

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Daily Telegraph, 2nd December 2011

Source: www.telegraph.co.uk

Groupon to be investigated by Office of Fair Trading – The Guardian

Posted December 2nd, 2011 in advertising, consumer protection, internet, news by sally

“The Office of Fair Trading is to launch an investigation into Groupon after the daily deals website was found to have broken UK advertising regulations almost 50 times in less than a year.”

Full story

The Guardian, 2nd December 2011

Source: www.guardian.co.uk

Katie Price to pay Peter Andre damages for libel – BBC News

Posted December 2nd, 2011 in damages, defamation, news by sally

“Model Katie Price has agreed to pay undisclosed libel damages to her ex-husband, the singer Peter Andre, over claims that he was unfaithful to her.”

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BBC News, 2nd December 2011

Source: www.bbc.co.uk

Kenneth Clarke delays £350m legal aid cuts – The Guardian

Posted December 2nd, 2011 in budgets, legal aid, news by sally

“Kenneth Clarke’s plans to slice £350m out of the annual legal aid budget appear to be losing momentum after the justice secretary unexpectedly announced a six-month delay to the programme.”

Full story

The Guardian, 1st December 2011

Source: www.guardian.co.uk

Priest who witnessed Iraqi detention could face prosecution – The Guardian

Posted December 2nd, 2011 in armed forces, clergy, Iraq, misfeasance in public office, news, torture, witnesses by sally

“The director of public prosecutions has been asked to consider bringing criminal charges against a Roman Catholic priest who was found to have witnessed the shocking condition of a group of prisoners in Iraq, which included Baha Mousa, who was tortured to death, but did nothing to raise the alarm.”

Full story

The Guardian, 1st December 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 2nd, 2011 in law reports by sally

Supreme Court

McGowan (Procurator Fiscal) v B (Scotland) [2011] UKSC 54 (23 November 2011)

Jude v Her Majesty’s Advocate (Scotland) (Rev 1) [2011] UKSC 55 (23 November 2011)

Court of Appeal (Civil Division)

Samarenko v Dawn Hill House Ltd [2011] EWCA civ 1445 (01 December 2011)

Oso v Newham University Hospital NHS Trust [2011] EWCA Civ 1423 (01 December 2011)

Francis v London Borough of Southwark [2011] EWCA Civ 1418 (01 December 2011)

Proactive Sports Management Ltd v Rooney & Ors [2011] EWCA Civ 1444 (01 December 2011)

MA & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 1446 (01 December 2011)

Court of Appeal (Criminal Division)

Aslam v R. [2011] EWCA Crim 2797 (01 December 2011)

Brown, R. v [2011] EWCA Crim 2796 (01 December 2011)

Gill, R. v [2011] EWCA Crim 2795 (01 December 2011)

Lyons v R [2011] EWCA Crim 2808 (01 December 2011)

High Court (Administrative Court)

Preston, R (on the application of) v Wandsworth Borough Council & Anor [2011] EWHC 3174 (Admin) (01 December 2011)

High Court (Chancery Division)

K/S Victoria Street (A Danish Partnership) v House of Fraser (Stores Management) Ltd & Ors [2011] EWHC 3179 (Ch) (01 December 2011)

High Court (Patents Court)

ITV Broadcasting Ltd & Ors v TVcatchup Ltd & Anor [2011] EWHC 2977 (Pat) (14 November 2011)

Source: www.bailii.org