Strasbourg Court rules against UK on police retention of data – UK Human Rights Blog

Posted February 27th, 2020 in criminal records, data protection, DNA, human rights, news by sally

‘Can the police indefinitely retain an individual’s DNA profile, fingerprints and photograph after they have been convicted? That was the question before the European Court of Human Rights (ECtHR) in Gaughran v UK (no. 45245/15, ECHR 2020). This judgment — which was given for the applicant — is of interest both on the merits and as an example of the way the Court continues to approach issues of this kind.’

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UK Human Rights Blog, 26th February 2020

Source: ukhumanrightsblog.com

Supreme Court: ICSID award enforceable as state aid investigation continues – OUT-LAW.com

Posted February 27th, 2020 in arbitration, EC law, enforcement, news, state aids, Supreme Court, treaties by sally

‘The UK Supreme Court has ruled that an arbitration award made under the International Centre for Settlement of Investment Disputes (ICSID) Convention is enforceable despite an ongoing EU state aid investigation.’

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OUT-LAW.com, 26th February 2020

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 27th, 2020 in legislation by sally

The Value Added Tax (Refund of Tax) Order 2020

The Combined Fire and Rescue Authorities (Membership and Allowances) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

New Act – legislation.gov.uk

Posted February 27th, 2020 in legislation, parole, release on licence, terrorism by sally

Terrorist Offenders (Restriction of Early Release) Act 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 27th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Plan B Earth v Secretary of State for Transport [2020] EWCA Civ 214 (27 February 2020)

High Court (Commercial Court)

Pipia v Bgeo Group Ltd [2020] EWHC 402 (Comm) (26 February 2020)

Source: www.bailii.org

The treatment of future earnings – Family Law

Posted February 27th, 2020 in divorce, financial provision, news, remuneration by sally

‘We are approaching 20 years since the seminal House of Lords decision in White v White [2000] UKHL 54, yet the judicial debate as to how to implement the principle it established, that there should be no discrimination between breadwinner and homemaker in financial arrangements on divorce, remains alive.’

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Family Law, 26th February 2020

Source: www.familylaw.co.uk

Funder exposed to costs as CoA says Arkin rule not binding – Law Society’s Gazette

Posted February 27th, 2020 in budgets, champerty, costs, fees, news, third parties by sally

‘The Court of Appeal has ruled that a litigation funder can be exposed to higher costs than those they committed to backing a claim in a ruling that will send shock-waves through the sector.’

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Law Society's Gazette, 26th February 2020

Source: www.lawgazette.co.uk

Automatic early release of terrorists ends – Ministry of Justice

Posted February 27th, 2020 in bills, parole, press releases, release on licence, terrorism by sally

‘The automatic early release of terrorist offenders will end as emergency legislation to ensure the public is protected receives Royal Assent.’

Full press release

Ministry of Justice, 26th February 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

Sibling Assessments in Care and Adoption – Family Law Week

Posted February 27th, 2020 in adoption, care orders, children, families, news by sally

‘Judith Pepper has delivered presentations with Professor Daniel Monk to the Judicial College on the issue of siblings in care proceedings and adoption.’

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Family Law Week, 26th February 2020

Source: www.familylawweek.co.uk

Defra challenged over ‘unlawful’ release of 57m game birds in UK – The Guardian

Posted February 27th, 2020 in birds, environmental protection, game laws, news by sally

‘Environmental campaigners have issued a legal case against the government to try to halt the release of more than 50m non-native game birds this summer, saying the birds could damage Britain’s most important wildlife sites.’

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The Guardian, 26th February 2020

Source: www.theguardian.com

Heathrow expansion faces threat from climate case – BBC News

Posted February 27th, 2020 in airports, appeals, climate change, environmental protection, news, planning by sally

‘The Court of Appeal is set to make a ruling over Heathrow’s expansion in a case described by green groups as massively significant. Judges will decide whether Heathrow’s expansion plans took into account climate change commitments.’

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BBC News, 27th February 2020

Source: www.bbc.co.uk

Egg freezing laws not fit for purpose and force women into ‘heartbreaking’ scenario of destroying eggs – The Independent

Posted February 27th, 2020 in assisted reproduction, embryology, human rights, news, time limits by sally

‘The UK law on egg freezing is not fit for purpose and can force women into the “heartbreaking” scenario of having their frozen eggs destroyed, leading medical organisations have warned.’

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The Independent, 27th February 2020

Source: www.independent.co.uk

Phones that may hold child abuse images returned to suspects – The Guardian

Posted February 27th, 2020 in child abuse, evidence, forensic science, indecent photographs of children, news, police, telecommunications by sally

‘Police are giving back to suspected paedophiles phones and computers that possibly hold child abuse images because they do not have the time or technology to search the devices, a report says.’

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The Guardian, 27th February 2020

Source: www.theguardian.com

Potential modern slavery victims among dozens facing imminent removal on charter flight to Pakistan – The Independent

Posted February 27th, 2020 in asylum, deportation, news, torture, trafficking in human beings by sally

‘Asylum seekers thought to be victims of torture are set to be forcibly removed to Pakistan on the third charter flight to leave the UK in three weeks, The Independent can reveal.’

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The Independent, 26th February 2020

Source: www.independent.co.uk

Boris Johnson to hold inquiry into scandal of subpostmasters accused of fraud – Daily Telegraph

Posted February 27th, 2020 in fraud, inquiries, news, postal service by sally

‘The Government will commit to holding an independent inquiry following a legal ruling affecting hundreds of subpostmasters, Boris Johnson has suggested.’

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Daily Telegraph, 26th February 2020

Source: www.telegraph.co.uk

‘Cover-up’: DWP destroyed reports into people who killed themselves after benefits were stopped – The Independent

Posted February 27th, 2020 in benefits, data protection, government departments, news, suicide by sally

‘The Department for Work and Pensions has been accused of “a cover-up” after destroying reports into suicides linked to benefits being stopped. Around 50 reviews into deaths following the loss of social security payments before 2015 have been shredded, officials have admitted – blaming data protection laws.’

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The Independent, 26th February 2020

Source: www.independent.co.uk

Legal victories over ‘No DSS’ letting agents – BBC News

Posted February 27th, 2020 in benefits, landlord & tenant, news, sex discrimination by sally

‘The battle against the discriminatory practice of landlords not renting to benefit claimants has intensified after legal victories by two single mothers.’

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BBC News, 26th February 2020

Source: www.bbc.co.uk

Corporate witnesses in Grenfell Tower inquiry given immunity from prosecution – The Independent

Posted February 27th, 2020 in fire, health & safety, immunity, inquiries, news, witnesses by sally

‘Witnesses from firms called to the Grenfell inquiry have won their fight for immunity from prosecution for their evidence, despite a lawyer for the victims describing the idea as “abhorrent”.’

Attorney General’s undertaking

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The Independent, 26th February 2020

Source: www.independent.co.uk

The expansion of a director duty to act in the interests of the company – Hardwicke Chambers

Posted February 26th, 2020 in chambers articles, company directors, news, shareholders by sally

‘A director’s duty to act in good faith in the interests of the company is the cornerstone of a director’s position. This long standing obligation was revamped in the Companies Act 2006 with the introduction of a new requirement that directors should have regard to a package of concerns reflecting what has been described as “enlightened shareholder value”. Following the enactment of section 172 of the Companies Act 2006, when determining what is in the interests of the company, directors are required to look beyond the pursuit of profit and consider various factors and third parties stakeholders who could be affected by the decision.’

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Hardwicke Chambers, 24th February 2020

Source: hardwicke.co.uk

Vulnerable 16-17 years olds: Children Act, Court of Protection or Inherent Jurisdiction – Garden Court Chambers

Posted February 26th, 2020 in care orders, chambers articles, children, Court of Protection, jurisdiction, news, young persons by sally

‘In the following two cases, the High Court grappled with questions concerning the welfare of vulnerable older children who lack capacity and the cross-cutting jurisdictions of the Children Act, the Inherent Jurisdiction of the High Court, and the Court of Protection.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk