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Showing posts with label article 8. Show all posts
Showing posts with label article 8. Show all posts

Sunday, 5 October 2014

S14E03 - Rights and Wrong'uns

You can listen to this week's show right here.

This week's show is about the Tory plan to abolish the Human Rights Act and to put England and Wales (though not Scotland or NI, of course) outside of the direct constraints of International Human Rights law.

It's a good job that Ben is still barely croaking otherwise this would no doubt have been an angry rant full of vitriol about our Home Secretary and Lord Chancellor.  Surely Kirstin will be far more calm about it...

Of course, you might want to balance the Tory slandering of the Act and the ECHR against a few examples of what the law has meant for us.

For a great collection of what to read about this to know more on both sides of the argument, please see the excellent compendium put together by David Allen Green.

Not only that but it has been a little while since we heard what's going on in the world of immigration law.  There has been a report about the Home Office and its ability to do its job.  Spoilers, government subcontractors are not exactly thrilling us with their efficiency.  Jonathan Holt explains all.  Visit Bail For Immigration Detainees and read all about it.

Next week should be a little more chatty assuming none of contract any other horrible illnesses.  


PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words.  We'd be e'er so obliged.  It helps us get up the search rankings, ya see.  If you use iTunes, please click here and it'll take just seconds!

Friday, 18 July 2014

S13E04 - Immigration and Impertinence


Listen to this week's show right here.

We have swapped Kirstin for Jonathan this week as we take on what must be the two biggest immigration cases of the year, MM and PLP vs Grayling - not their official titles!

These cases may be weighty immigration cases but they are important far more broadly as they involve the relationship between the State, Europe and private individuals.  They also demonstrate that politics may be getting in the way of good law-making, not for the first time.

Following on from that, we took a look at Re: Ian Stuart West - a case where a friend of our little show appealed a finding a contempt against him and landed-up winning before Sir Brian Leveson, the President of the Queen's Bench Division of the High Court.  Many have wondered why this Judge should hear this appeal and many lawyers are coming out on both sides of the battle lines on this one.  To hear extracts from the spat between Ian and Judge Kelson QC, you need look no further.  This is cathartic stuff for many criminal lawyers, faced with an increased feeling of being asked to be complicit in the manipulation of defendants, rather than the representation of them.  

In any event, lots to mull over in this week's show so enjoy and get in touch with your views.

PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words.  We'd be e'er so obliged.  It helps us get up the search rankings, ya see.  If you use iTunes, please click here and it'll take just seconds! Feeding BritCaster.com

Friday, 9 May 2014

S12E06 - The Results Are In...


The cake and bourbon show is upon us again.  Our 72nd episode can be heard right here.

In this week's show, we take a look at Sir Bill Jeffrey's review of independent criminal advocacy in England and Wales.  It may be reopening an old front in the war between barristers and HCAs but the conclusions give considerable grounds for taking stock of the effects of all the reforms over the last 10 years.  They also present a potentially chilling view of the future for anyone who fears change.  Find the full report in the links below - along with the responses by the Bar Council and Law Society.

The Land Registry might be next in terms of selling the family silver - at the very least, there are problems with the reform plans for the Keepers of the Plans.

A pretty important costs case which confirms that the CPS and police cannot just blame each other to avoid costs orders and, more importantly, SNAFU is not a defence and neither is simple mistake.  You're going to want to bookmark this one.  The link is polite.

We also take a quick scoot the rest of this week's legal news and a couple of other cases.  Take a listen and find the links below.

PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we come to the end of this series, to give us some stars and a few kind words.  We'd be e'er so obliged.  It helps us get up the search rankings, ya see.


LINKS:

The review of independent criminal advocacy in England and Wales by Sir Bill Jeffrey has been published.
http://www.justice.gov.uk/downloads/about/jeffrey-review/jeffrey-review-criminal-advocacy.pdf
Bar Council response: http://www.barcouncil.org.uk/media-centre/news-and-press-releases/2014/may/bar-council-to-consider-jeffrey-report-into-criminal-advocacy
Law Society response: http://www.lawsociety.org.uk/news/press-releases/law-society-responds-to-jeffrey-report-on-criminal-advocacy/

Land Registry
http://www.lawgazette.co.uk/practice/legal-action-threat-over-land-registry-plan/5041123.article

R (ex. p. Singh v Ealing Mags and CPS)
http://www.bailii.org/ew/cases/EWHC/Admin/2014/1443.html

4 in 10 lawyers suggest you look elsewhere for a career… but who was asked?
http://www.lawgazette.co.uk/practice/dont-choose-law-as-career-say-4-in-10-lawyers/5041120.article 

Biometric data and crime report case:
http://www.bailii.org/ew/cases/EWCA/Civ/2014/585.html

Prison Governors’ Association say it’s getting to “tipping point” as Grayling carries on regardless.
http://www.politics.co.uk/news/2014/05/07/prison-governors-grayling-s-regime-is-driving-us-to-tipping

Apple v Samsung - the results are in.  Kinda:
http://www.claimsjournal.com/news/national/2014/05/05/248430.htm
http://bgr.com/2014/04/23/2014-apple-vs-samsung-lawsuit-google/


Johnny Foreigner to be denied legal aid by Lord Chancellor - but is he relying on nonsense figures?  Never!  (But even the press can’t decide if it’s £3m or £10m):
http://www.telegraph.co.uk/news/politics/10812723/No-more-legal-aid-for-foreigners-to-sue-MoD-says-Chris-Grayling.html
Or a more balanced piece from the Daily Mail (!?!?)
http://www.dailymail.co.uk/news/article-2621672/War-crimes-lawyers-specialise-suing-serving-soliders-received-10MILLION-legal-aid-three-years.html

AND FINALLY…
A bit of fun: Personal Injury and the ambulance-chasers of yesteryear.  Aviva’s archives of claims reveal that we were a compo-culture country long before the Yanks got involved!
http://injuryclaimsnationwide.co.uk/article/history-of-injury-claim?src=tab

That’s a wrap for series 12

Thursday, 30 January 2014

S11E04 - Of Interest to the Public

Ben and Jonathan get to grips with some matters of public importance this week's show


First up is a look at the guidance (in force from February 2014) on the publication of decisions of the family courts and the Court of Protection.  There are some interesting questions raised about how this is going to work and who is paying for it.  

Either way, you'll have to know about this if you work in either of these areas of law and the public may well find the reality of these cases far more challenging than the abstract way in which they are reported at present.

We move on to the case of the "Iceland Three".  This story was all over social media this week.  This was the case of three men who faced prosecution for taking food from a skip at a London branch of London.  There was outrage and a change in CPS approach but, once you factor-in other information that appeared in later reports, did the CPS make the right call or were they duped by the publicity?


Then onto our favourite [redacted for legal purposes], Theresa May.  She has been calling for some powers that, if they were to be used against convicted terrorists, you might think were pretty obvious, but that's not quite what she wants.  We look at the terrible misreporting of this case by almost all UK media.  There is some very scary devil in the detail and Ben issues a personal thanks to his MP, Hazel Blears, for being one of the 297 MPs who played politics with something the UN think is fundamental to a person's very being.


As always, there is stuff that we didn't get to this week.  Please see the show notes below for the links to those stories and for all of the articles for the above.


We'll be back next week when hopefully Kirstin will be back with us and Mr Kipling will have sent us some cake.  Or Iceland might have sent us a prawn ring.  Let's hope it's the former.

You can listen to show by clicking right here but, of course, we'd prefer that you subscribed on iTunes or via Google Play Store or via any good podcatcher app on your phone/tablet.  Ben from Northpod Law particularly recommends this one for Android and iOS.
You can also find us on Stitcher and soon on TuneIn.

Links:

http://www.bbc.co.uk/news/business-17150054

- The public will get to peer at the decisions of the Family courts and the Court of Protection under the new transparency guidance.
- Skipping case - in the public interest until the public gets interested.
CPS decision (as reported in Indie) PLUS the shades of grey appear:
Iceland 2nd statement:
- Theresa May and the race to the bottom on Immigration toughness leads to 11th-hour amendment to bill to include right to strip naturalised Brits of their nationality.
What does ILPA say? They say not within scope.
Blog:
Not just “terrorism suspects” or “terrorists” at all.  Read the section (at page 1651):
Actual reasons for Home Sec simply to be satisfied of are:
Home Sec satisfied that it is conducive to the public good because that person has conducted himself in such a manner that is seriously prejudicial to the vital interests of the UK.  
AND if it’s a decision taken
then there will be no public information as to why the decision has been made and there will be no right of appeal.
Not just May, of course.  100 MPs support this, including Hazel Blears.
Further reading/”No time for” stories
- 17 y.o. death at YOI Wetherby
- Even those terps who scabbed and went to work for Capita are now calling for a boycott.  This is because Capita has finally scrapped Tier 2/3 terps and so the power is now in the hands of the Tier 1s.
Premier League IP case:
But, in Feb 2012

Friday, 10 January 2014

S11E01 - The Truth vs A Good Story


Welcome to Series 11 of Northpod Law.

You can listen to show by clicking right here but, of course, we'd prefer that you subscribed on iTunes or via Google Play Store or via any good podcatcher app on your phone/tablet.  Ben from Northpod Law particularly recommends this one for Android and iOS.

This week, we talk about the statistics on sentencing and how most of what you hear about them is nonsense.  We say "told ya so" about IPNAs after the House of Lords gives the Government a bloody nose.

We look at the actual findings of the Mark Duggan inquest jury (as opposed to the claptrap spouted by many a public figure this week).

We take a look through the hits and misses of the strike action (oops we used the S word) on 6th January and call out the scabs.  We can find many positives in this though.

Last but not least, Jonathan takes us on a tour of the recent decision on Gulshan in which the wheels get a bit wobbly when free-wheeling around article 8.

Links are below, folks.

Whilst we were off air:
- thanks to UKCLBP - and see their very good piece on the sentencing statistics that have been misreported everywhere.
http://ukcriminallawblog.com/2014/01/08/criminal-justice-statistics-and-politicians-talking-rubbish/ 

- IPNAs a no-no
http://www.bbc.co.uk/news/uk-politics-25648019

- Mark Duggan inquest - jury’s actual conclusions
http://dugganinquest.independent.gov.uk/docs/Jurys_Determination_and_Conclusion.pdf

- Vote of no confidence in Law Soc management - http://www.lawsociety.org.uk/news/stories/special-general-meeting-vote-results/

- 6th Jan 2014 - a partial success - sols hang heads in shame - says Bill Waddington (CLSA)
http://www.clsa.co.uk/index.php?q=And-so-the-bells-have-rung-the-old-year-out-and-the-New-Year-in.

Immigration case
Full Case: Gulshan (Article 8 – new Rules – correct approach) [2013] UKUT 640 (IAC)
 http://www.bailii.org/uk/cases/UKUT/IAC/2013/%5B2013%5D_UKUT_640_iac.html
Commentary: http://www.freemovement.org.uk/2014/01/08/gulshan-article-8-new-rules-correct-approach-2013-ukut-640-iac/#more-12059

 

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