Guidelines highlight challenges of facial recognition technology as Clearview AI fined – OUT-LAW.com

Posted May 31st, 2022 in criminal justice, data protection, facial mapping, fines, news by sally

‘Guidelines recently issued by the European Data Protection Board (EDPB) focus on the use of facial recognition technology in the context of law enforcement, but one expert has highlighted how some commentary within the guidelines has broader application and how the EDPB’s views align with the views of the UK’s Information Commissioner’s Office (ICO).’

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OUT-LAW.com, 30th May 2022

Source: www.pinsentmasons.com

Family agree settlement with Humberside Police over cemetery death – BBC News

Posted May 31st, 2022 in accidents, community support officers, compensation, inquests, news, police by sally

‘The family of a woman who froze to death in a cemetery after a failed police search has agreed a settlement claim with Humberside Police.’

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BBC News, 30th May 2022

Source: www.bbc.co.uk

Stockwell tenant jailed for murdering couple during lockdown – BBC News

‘A man who stabbed his two landlords to death during the first lockdown has been jailed for life.’

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BBC News, 28th May 2022

Source: www.bbc.co.uk

Sir Jonathan Jones QC (Hon): The Northern Ireland Protocol, International Law and the Attorney General – UK Constitutional Law Association

‘The Times recently (11 May 2022) reported that the Attorney General, Suella Braverman, had received, and given, legal advice to the effect that proposed government action in relation to the Northern Ireland Protocol was compatible with international law. As I write, we have still not seen details of either the proposals or the legal arguments on which the government intends to rely. What is going on?’

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UK Constitutional Law Associaiton, 30th May 2022

Source: ukconstitutionallaw.org

The Government’s Social Care Cap ‘Discriminates’ Against Disabled People – Each Other

‘In the UK, social care that is provided by councils is “means-tested”. This means that those whose income or capital is above a particular threshold are charged in part or in full for their care. People who need residential care or long-term support can pay many thousands of pounds for care over their lifetime, with some having to sell their home to pay for this.’

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Each Other, 27th May 2022

Source: eachother.org.uk

TalkTalk: Clever pleading cannot guide Claimants out of Warren – Panopticon

Posted May 30th, 2022 in data protection, negligence, news, third parties by sally

‘Since last year, Warren has proved a thorn in the side of those bringing claims arising out of external cyber-attacks – appearing, at least, to bar such Claimants from relying on the torts of negligence and misuse of private information (MPI), as well as breach of confidence. That appearance was confirmed to be reality by Saini J in Graeme Smith & ors v TalkTalk Telecom Group plc [2022] EWHC 1311 (QB). Avid readers of Panopticon will observe that it was Saini J who also decided Warren, thus confirming the position in Smith (not the South African cricketer), in the face of attempts by the Claimants initially to suggest that Warren was wrongly decided; diluted subsequently to seek to distinguish it on the facts. Saini J’s confirmation of the position post-Warren (and explaining that had given consideration to the case of Swinney v Chief Constable of Northumbria Police Force [1997] QB 464), is important, as it makes the law clear, following HHJ Pearce’s decision in Collins & Ors v Ticketmaster UK Limited [2022] Costs LR 123. In Collins, the Court had not decided the point, but did permit an amendment to plead MPI in a data breach case despite Warren – although “could not say that the claim went beyond that which was arguable”. HHJ Pearce permitted the amendment in Collins where the claimants had argued that Warren could be distinguished and did not apply to cases where the defendant had taken a deliberate decision to conduct its business in a manner that did not comply with the relevant industry standard – as opposed to “pure” omission cases. The clarity now provided by Saini J is welcome, given the importance of the feasibility of MPI claims in this field to claimants potentially being able to recover ATE premia (the conventional wisdom being that they are irrecoverable in DPA/GDPR claims).’

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Panopticon, 30th May 2022

Source: panopticonblog.com

UK patients affected by infected blood scandal to receive payouts – The Guardian

Posted May 30th, 2022 in blood products, compensation, government departments, inquiries, news by sally

‘A compensation scheme for thousands of people affected by the infected blood scandal, described as the biggest treatment disaster in the history of the NHS, will reportedly be announced within weeks.’

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The Guardian, 29th May 2022

Source: www.theguardian.com

Court refuses judicial review of SRA and LAA over control order – Legal Futures

‘A non-solicitor has failed in his attempt to judicially review a control order imposed on him by the Solicitors Regulation Authority (SRA) six years ago.’

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Legal Futures, 30th May 2022

Source: www.legalfutures.co.uk

EncroChat murder plot: Two life terms after Cardiff drug dispute – BBC News

Posted May 30th, 2022 in conspiracy, drug offences, gangs, imprisonment, murder, news, sentencing by sally

‘Two men have been jailed for life with a minimum 18 years term after plotting a revenge murder with a James Bond-style gun.’

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BBC News, 28th May 2022

Source: www.bbc.co.uk

Attorney general says schools do not have to accommodate children’s gender wishes – The Guardian

‘The attorney general, Suella Braverman, has said schools do not have to accommodate children who want to change gender under current legislation.’

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The Guardian, 27th May 2022

Source: www.theguardian.com

Wimbledon ban on Russian players raises equality law questions – OUT-LAW.com

‘The recent move to ban Russian and Belarussian players from participating in this year’s Wimbledon Championships brings into focus the role of the Equality Act 2010 (“the Act”) in sport.’

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OUT-LAW.com, 27th May 2022

Source: www.pinsentmasons.com

Reconsidering Asylum: Is it for those who need protection? – EIN Blog

Posted May 30th, 2022 in asylum, immigration, international law, news, refugees by sally

‘In a recent workshop, funded by the Society of Legal Scholars, several legal practitioners, NGOs, policy experts and legal scholars in the field of asylum and nationality studies came together to analyse the asylum related provisions of the new Nationality and Borders Act 2022 (“the Act”). Whilst in Bill form, the UNHCR found the provisions “would penalise most refugees seeking asylum in the country via damaging and unjustified penalties, creating an asylum model that undermines established international refugee protection rules and practices”.’

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EIN Blog, 26th May 2022

Source: www.ein.org.uk

Rhamero West: Three jailed for student’s stab murder – BBC News

Posted May 30th, 2022 in imprisonment, murder, news, sentencing, young offenders by sally

‘Two men have been jailed for life and a teenager has been detained for murdering a 16-year-old who was stabbed after being chased through the streets.’

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BBC News, 28th May 2022

Source: www.bbc.co.uk

Windrush scandal caused by ‘30 years of racist immigration laws’ – report – The Guardian

‘The origins of the Windrush scandal lay in 30 years of racist immigration legislation designed to reduce the UK’s non-white population, according to a leaked government report.’

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The Guardian, 29th May 2022

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 27th, 2022 in legislation by michael

SI 2022/592 – The Green Gas Support Scheme (Amendment) Regulations 2022

SI 2022/591 – The Integrated Care Boards (Nomination of Ordinary Members) Regulations 2022

SI 2022/589 – The Air Navigation (Restriction of Flying) (Revocation) (No. 2) Regulations 2022

SI 2022/588 – The Customs (Export Declarations) (Amendment) Regulations 2022

SI 2022/587 – The Automated and Electric Vehicles Act 2018 (Commencement No. 2) Regulations 2022

Source: legislation.gov.uk

BAILII: Recent Decisions

Posted May 27th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics (UK) Ltd & Anor [2022] EWCA Civ 699 (27 May 2022)

The Secretary of State for the Home Department v Akter & Ors [2022] EWCA Civ 741 (27 May 2022)

High Court (Administrative Court)

Garrett, R (On the Application Of) v Legal Aid Agency [2022] EWHC 1258 (Admin) (27 May 2022)

Hiley v The Secretary of State for Levelling Up, Housing And Communities & Anor [2022] EWHC 1289 (Admin) (27 May 2022)

Pancu v Judicial Authority for Romania [2022] EWHC 1287 (Admin) (27 May 2022)

Secretary of State for Justice, R (On the Application Of) v The Parole Board Of England And Wales & Anor [2022] EWHC 1282 (Admin) (27 May 2022)

Hawker v The Health And Care Professions Council [2022] EWHC 1228 (Admin) (27 May 2022)

Green & Ors v Metropolitan Police Commissioner [2022] EWHC 1286 (Admin) (27 May 2022)

Gurskis v Latvian Judicial Authority [2022] EWHC 1305 (Admin) (27 May 2022)

High Court (Chancery Division)

Ras Al Khaimah Investment Authority v Azima [2022] EWHC 1295 (Ch) (27 May 2022)

High Court (Commercial Court)

Kinled Investments Ltd v Zopa Group Ltd [2022] EWHC 1194 (Comm) (27 May 2022)

High Court (Queen’s Bench Division)

Camberley Group & Ors v Foster & Ors [2022] EWHC 1309 (QB) (27 May 2022)

High Court (Technology & Construction Court)

Standard Life Assurance Lid v Gleeds (UK) (a firm) & Ors [2022] EWHC 1310 (TCC) (27 May 2022)

Tjd Trade Limited v Bam Construction Limited [2022] EWHC 1285 (TCC) (26 May 2022)

Source: www.bailii.org

New Judgment: Competition and Markets Authority v Flynn Pharma Ltd and another, and Competition and Markets Authority v Pfizer Inc and another [2022] UKSC 14 – UKSC Blog

Posted May 27th, 2022 in appeals, competition, costs, news, ombudsmen, Supreme Court by sally

‘The Respondent is a public body tasked with investigating companies suspected of breaching competition law and penalising those found to have done so. The Appellants are both pharmaceutical companies fined by the CMA and both appealed to the Competition Appeal Tribunal (CAT) challenging the CMA’s decision. The CAT allowed the appeals in part, set aside part of the CMA’s decision, and remitted the case to the CMA for reconsideration.’

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UKSC Blog, 25th May 2022

Source: ukscblog.com

Lessons in dishonesty – 1 Crown Office Row

Posted May 27th, 2022 in appeals, chambers articles, deceit, doctors, news, professional conduct by sally

‘Are there lessons to be learned from three recent High Court decisions concerning allegations of dishonesty? It is instructive that the cases involved the three types of appeal that can bring a disciplinary/regulatory case before the High Court.’

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1 Crown Office Row, 24th May 2022

Source: 1corqmlr.com

Margaret Thatcher statue egg-thrower Jeremy Webster fined – BBC News

Posted May 27th, 2022 in fines, monuments, news, political parties, public order by sally

‘A university arts chief who threw eggs at a statue of Margaret Thatcher within hours of its installation has been fined £90.’

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BBC News, 26th May 2022

Source: www.bbc.co.uk

Supreme Court maintains SRA costs protection for failed prosecutions – Legal Futures

‘The Supreme Court has upheld the principle that costs should only be awarded against the Solicitors Regulation Authority (SRA) in unsuccessful prosecutions where there is good reason to do so.’

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Legal Futures, 26th May 2022

Source: www.legalfutures.co.uk