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Lawyers & Lawcourts

Wednesday 30 March 2011

A lawyer at a leading civil liberties firm has expressed fears for the future of direct action protest

A lawyer at a leading civil liberties firm has expressed fears for the future of direct action protest after the mass arrest of UK Uncut activists during last Saturday's anti-cuts demonstrations in London.

Matt Foot, a criminal defence solicitor at Birnberg Pierce, said the detention of 145 activists during an occupation of luxury food store Fortnum and Mason in Piccadilly was "unprecedented". He has questioned the police's motivation.

After being arrested for aggravated trespass and criminal damage, scores of Uncut campaigners were dispersed to police stations around London as far apart as Harrow, Ilford and Romford and were held in police cells for up to 24 hours. The next day the accusation of criminal damage was dropped but 138 activists were bailed on the charge of aggravated trespass.

Foot, son of the campaigning journalist Paul Foot, said: "It is unprecedented to arrest so many people for simply protesting peacefully in a building. And then it is intimidating to keep peaceful protesters for so long at the police station and then charge them so quickly without reviewing the evidence first.

"To rush to treat people in this way and charge them on such a scale suggests the police want to make a statement. This is going to threaten the right to peacefully protest through direct action."

Commenting on video footage obtained by the Guardian in which a senior officer inside Fortnum's was captured telling Uncut campaigners they were "non-violent" and "sensible", Foot said: "It's fascinating that the police clearly took a view that these were peaceful protesters."

"Given the police's public comments about violence on the demonstration, it is extraordinary that the overwhelming numbers of arrests and charges have been for non-violent protesters. One has to question the motivation behind this."

Tuesday 29 March 2011

Worker claims he was sacked for drinking the wrong tea

I’m flabbergasted. I have been a model employee. I have never been late or off sick in 11 years,’ said the 47-year-old, from Didsbury, Manchester. 'I can’t believe they can sack someone for something so trivial as using the wrong tea bags. I would have thought at the very worst this would deserve a warning – it’s a storm in a tea bag.'
He was told in a formal letter that his offence was 'misappropriation of company stock by taking items into the canteen without making prior payment'.
Prior to this Mr Alden had been disciplined for not keeping a note of the ages of people buying cigarettes and alcohol. Along with many other supermarkets, Co-op is part of a 'Challenge 25' initiative, where anyone who appears to be under that age is asked for ID. If they're definitely over 25 and haven't been challenged, staff still have to input their estimated age into the till.
A Co-op spokesman said Mr Alden was dismissed for breaching ‘a number of our business procedures’ but could appeal.

Lawyers for Sharon Shoesmith told the Court of Appeal that there had been ‘buck passing’ between Ofsted, former children’s secretary Ed Balls and Haringey council.

Lawyers for Sharon Shoesmith told the Court of Appeal that there had been ‘buck passing’ between Ofsted, former children’s secretary Ed Balls and Haringey council.
Ms Shoesmith was fired in 2008 from her £130,000 a-year job as head of children’s services at the council in London over failings exposed by the death of Peter Connelly.
She was at home ‘trapped by the media’ when she watched Mr Balls sack her on live TV, the court heard.
Ms Showemith's layer said Mr Balls had acted following an Ofsted report which showed 'damning findings' on Haringey children's services – a report that she had not seen, or been given a chance to respond to, before Mr Balls ordered her removal.
Peter died in August 2007, aged 17 months, at the hands of his mother Tracey Connelly, her lover Steven Barker and lodger Jason Owen.
He suffered 50 injuries despite a total of 60 visits to the home by social workers, doctors and police.
The hearing continues.

2,000 of the most experienced police officers will be made to retire by 2015

2,000 of the most experienced police officers will be made to retire by 2015 as forces across England and Wales try to find 20% budget cuts, a Labour survey has claimed.

A series of Freedom of Information Act requests by the shadow home secretary, Yvette Cooper, has disclosed that over the next four years 13 of the 43 forces intend to use an obscure regulation to compulsorily retire 1,138 officers who have more than 30 years of service.

Labour estimates that a further 986 officers could be affected if some of the remaining 30 forces also decide to use the same regulation to find budget savings.

Cooper said that it was "deeply worrying" that 13 forces had already decided to use the A19 regulation to compulsorily retire some of the most experienced officers in the force.

"Some of these officers are experts in their fields and internationally respected for what they do in the fight against crime," she said.

"The home secretary must realise that you cannot make 20% front-loaded cuts to the police without losing the very crime fighters we need. The home secretary is taking unacceptable risks with public safety and the continued fight against crime."

As fully sworn officers of the crown rather than employees, policemen and women cannot be made redundant under existing rules. However, the A19 regulation can forcibly retire officers with more than 30 years' service on not less than two-thirds pension on the grounds of the efficiency of the force.

The experienced officers who have already left or are leaving the police this week include:

• An inspector with 33 years' service who is the longest serving specialist in crime reduction and crime prevention in England and Wales. He advises architects and builders on "designing out" crime in new buildings, especially on council estates.

• A neighbourhood sergeant who, at 48, is one of the youngest to be forcibly retired. He manages a team of officers and liaises with the local community on anti-social behaviour.

• A 55-year-old frontline roads policing officer who has spent the last 20 years responding to motorway incidents.

The latest Labour survey of police authority current plans shows that the jobs of 12,500 officers are to be lost over the next four years in addition to a further 15,000 police staff jobs, confirming the estimate of 28,000 jobs made by the Association of Chief Police Officers.

The Home Office estimated in November that 3,200 officers in England and Wales could be affected if all the 43 forces decided to enforce the compulsorily retirement rule.

The Labour survey suggests that a total of 2,200 are likely to be forced out through this route by 2015, indicating that deeper cuts in police staff numbers or other measures may be required.

Police forces froze their recruitment last year, which saw 2,500 jobs go through natural wastage.

Home Office minsters say that forces should be able to identify sufficient savings to ensure that the budget cuts have no effect on the level of service the public receive.

The police minister, Nick Herbert, said there were currently "immense opportunities" to make savings without hitting the frontline.

music website that illegally streamed and sold music by the Beatles has been forced to pay record labels almost $1m [£625,000].

music website that illegally streamed and sold music by the Beatles has been forced to pay record labels almost $1m [£625,000]. Other artists whose copyright had been violated included Coldplay and Radiohead.

US-based Bluebeat.com denied doing anything wrong on the basis that the tracks has been distributed using owner Hank Risan's "psycho-acoustic simulation" -- a technique based on using tracks that he'd purchased on CD. In other words, he was ripping the songs from a CD or LP and then selling them for just 25 cents [15p] a pop.

The BBC reports that Bluebeat's defence failed to impress district court judge Josephine Staton Tucker who described Risan's methodology as "obscure and undefined pseudo-scientific language that appears to be a long-winded way of describing sampling."

Archie Robinson, the company's attorney, implied that as the settlement was a fraction what EMI Group plc, Capitol Records and Virgin Records America had been trying for, the labels were tacitly agreeing that Bluebeat was in the right.

"I felt that was sort of an acknowledgement on their part that they don't have the damages they claimed," he said. "So long as we pay royalties, we can stream their music all day and all night without a problem."

It’s a lot more difficult for police to search your car than it used to be

It’s a lot more difficult for police to search your car than it used to be. Action News is following up on the change requiring police to get a search warrant to see what's in your glove compartment or under your seats. We learned this new criteria has meant a lot fewer people are being busted for drug violations.

From coke to weed, State Police see it all on Washington highways.
But, troopers now need much more than their senses to make an arrest. They’re required to get a search warrant, or your consent, to look in a suspicious vehicle.
"We don't necessarily stumble across things like we used to,” said Trooper Paul Woodside. “Now, we have to put more effort into it."
And that additional effort of getting a warrant can take anywhere from ten minutes to well over an hour. That’s time that can keep a trooper off the road even longer while making a stop.
KIMA/KEPR learned the changes have severely impacted arrests in Yakima County and the Tri Cities.
As for the Yakima, back in 2009 when warrants weren't required, nearly 88 people were thrown in jail on felony drug charges. The following year, that number dropped a third to 60 arrests. And for just January and February of 2011, there have been only three.
We found a similar trend in the Tri-Cities. In 2009, WSP made nearly 60 felony drug arrests. By 2010, that number was down roughly 80% just 13. As for January and February of 2011, there have only been two.
Still, WSP told Action News the public doesn’t need to worry.
"I don't think there are more drugs on the streets necessarily,” said Woodside. “I think the same people are using drugs out there. I don't think the number has increased. It's just tougher to find it."
Tougher, but definitely still possible. State police rely heavily on drug dogs. They also undergo additional training to help detect suspicious behaviors. They’re committed to doing whatever they can to catching the bad guys.
"We aren't giving up. We're still doing out doing our jobs."
That job will just take a little longer.
State police must also suspend a search if they come across any illegal item not specified in the warrant. They have to call back a judge and get a new one. An entire case can get thrown out if the warrant is not executed correctly.

Changes to "no win, no fee" arrangements will be at the heart of a shake-up of civil justice in England and Wales

Changes to "no win, no fee" arrangements will be at the heart of a shake-up of civil justice in England and Wales being announced later.

Justice Secretary Ken Clarke told the BBC he favoured a system where lawyers received a share of the damages, rather than an additional "success fee".

In 2008-9 the NHS paid out £312m in damages but £456m in legal costs, he pointed out.

The change follows a review carried out by Lord Justice Jackson in 2010.

Lord Justice Jackson's review of the system said lawyers in "no-win, no-fee" civil cases should no longer have a "success fee" which has to be paid by the defendants, but should get a share of damages.

The judge found huge rises in civil litigation costs in England and Wales in recent years and said reforms could save people millions.

According to the BBC's legal correspondent, Clive Coleman, critics say the scheme can encourage unscrupulous lawyers to take frivolous accusations to court.

He said the plan was to increase the amount of damages across the board by 10% to offset the loss of the "success fee".


Mr Clarke told the Today programme Lord Justice Jackson's report was "on his desk" when he took over from Jack Straw after the election last year.

He said: "If you say to someone 'you should go to a lawyer' they tend to go pale, not because they fear lawyers, but because they know there are a great deal of costs involved and they are daunted by our legal system."

Mr Clarke said legal costs should be "reasonable" but they should also be high enough that people treat going to court as a "last resort".

Tuesday 15 March 2011

Troubled security firm Reliance has lost its £2million a month contract to escort prisoners between custody and court appearances.

Troubled security firm Reliance has lost its £2million a month contract to escort prisoners between custody and court appearances.

Around 700 jobs are affected by the Scottish Prison Service’s decision to ask rivals G4S Care and Justice Services to transfer around 180,000 inmates a year.

The move follows blunders by Reliance in its handling of prisoners during its seven-year contract, which is due to end in January.

They include an inmate escaping from a prison van in Edinburgh last year and three years ago a pregnant prisoner being chained to an officer for three days as she was treated in hospital.

The company has defended its record and declined to comment on the decision.

G4S manages the immigration detention centre at Dungavel in South Lanarkshire and large private prisons south of the Border.

Its managing director Russell Hobbs said: “G4S has unrivalled expertise in the care and transport of prisoners.

“We are delighted to be providing court services for Scotland.”

It is understood the 700 staff employed by Reliance to handle its prisoner escort service will be covered by Transfer of Undertakings (Protection of Employment) laws to protect workers when a contract or business changes hands.

In 2008, Reliance apologised to pregnant Donna McLeish, an inmate at Cornton Vale women’s prison in Stirling, who was chained to a security officer 24-hours a day while being treated at Stirling Royal Infirmary.

Changes were later made to the way pregnant prisoners are handled.

In April 2009, 28-year-old Brian Lamb vaulted out of the dock after hearing he was to be jailed and in April last year, a prisoner broke free from a prison van stopped at traffic lights in West Lothian.

Labour’s justice spokesman Richard Baker MSP said the award of the major long-term contract should not have been approved by Justice Secretary Kenny MacAskill so close to May’s Scottish Parliament elections.

He said. “This is a decision that should have been taken by an incoming administration.”

Gay couples on the Isle of Man will get the right to a civil partnership after a new law

Gay couples on the Isle of Man will get the right to a civil partnership after a new law was signed in Tynwald, the island's parliament.

It gives them the same rights as married couples regarding inheritance, pensions and tax allowances.

The law comes into effect on 6 April. Civil partnerships gained legal recognition in the UK in 2006.

Allan Bell, MHK, Minister for Economic Development, who tabled the bill says gay rights have been brought in line with the UK after a 20-year battle.

Oxford University will charge reduced tuition fees of £3,500 for first-year students from the poorest backgrounds from 2012 under funding proposals announced on Tuesday.

Oxford University will charge reduced tuition fees of £3,500 for first-year students from the poorest backgrounds from 2012 under funding proposals announced on Tuesday.
Although the institution plans to charge the full £9,000 a year for undergraduates whose parents and guardians earn more than £25,001, it has put forward a sliding scale of fees for lower-income families.
A student from a household earning less than £16,000 per annum would be charged £3,500 for the first year and £6,000 for subsequent years. Currently, the maximum charge is £3,000 per year.
They would also qualify for the highest tier of bursary offered by the university to cover student living costs, of £4,300 in the first year and £3,300 afterwards.
But those from households earning between £16,001 and £20,000 would be charged £7,000 for every year of study, and the annual cost would be £8,000 for families with an income of £20,001 to £25,000.
Tuition fees would not need to be paid back until the student has graduated and is earning a salary of at least £21,000.
On Monday, Oxford University's council approved proposals to offer income-dependent bursaries to all students whose parents earn less than £42,600 a year, ranging from £4,300 to £1,000 in the first year and £3,300 to £500 for following years.
Vice-chancellor Andrew Hamilton said in a letter to parents and staff that "about one in six" students would benefit from the tuition fee waivers.
"The total value of the package of waivers and bursaries is more than £12 million a year, nearly double what we spend at present," he said.
The university - which estimates each undergraduate costs £16,000 a year to educate - has until mid-April to submit its tuition fee plans to the government's Office for Fair Access (OFFA) for approval. An OFFA spokesman said all proposals would be approved or rejected by July 11.

shake-up of libel laws in England and Wales will ensure people can state honest opinions and facts in confidence,

shake-up of libel laws in England and Wales will ensure people can state honest opinions and facts in confidence, the justice secretary says.

The draft Defamation Bill, published on Tuesday, also aims to reduce "libel tourism" by overseas claimants.

Protections from libel - absolute and qualified privilege - will be extended.

But Ken Clarke said the bill would balance the needs of both sides, as it was never acceptable to harm someone's reputation without just cause.

He said in recent years the increased threat of costly libel actions had had a "chilling effect" on scientific and academic debate, and investigative journalism.

"The right to speak freely and debate issues without fear of censure is a vital cornerstone of a democratic society."

Mr Clarke added: "However it is never acceptable to harm someone's reputation without just cause, so the bill will ensure defamation law continues to balance the needs of both sides and encourage a just outcome in libel cases."

Substantial harm
The draft bill introduces new statutory defences to protect those writing about issues of public interest.

The current common law defences of "justification" and "fair comment" will be scrapped, replaced with new statutory defences of "truth" and "honest opinion".

There will be a new requirement in the bill that a statement must have caused, or be likely to cause, substantial harm to someone's reputation, if it is to be considered defamatory.


We cannot continue to tolerate a culture in which scientists, journalists and bloggers are afraid to tackle issues of public importance for fear of being sued”

Nick Clegg
Deputy PM
The government says the new laws will make it tougher for people to bring overseas claims which have little connection to the UK.

And the proposals include a "single publication rule" - to prevent claims being brought more than one year after publication. It could stop repeat claims being made related to material published on the internet. Libel actions can currently be brought years after a story is placed in an archive, as publication is considered to be continuous.

The bill also removes the presumption that defamation cases will be heard by a jury trial - instead the judge will be given discretion to order a jury trial when it is "in the interests of justice".

The government says the right to trial by jury is rare in civil cases and there are concerns that it can mean issues which could have been resolved by a judge early on instead cannot be resolved until the trial.

'Devil in the detail'
Lord Phillips, President of the Supreme Court, has said defamation cases can be so complex that a jury trial "simply invites expensive interlocutory battles".

But Mr Clarke said in exceptional cases there should be jury trials - as they were still one of the best ways to tell which one of two witnesses was telling the truth.

Deputy PM Nick Clegg said current "outdated" libel laws had "made it easy for the powerful and the wealthy to stifle fair criticism" and the proposals would restore "a sense of proportion to the law".

"We cannot continue to tolerate a culture in which scientists, journalists and bloggers are afraid to tackle issues of public importance for fear of being sued."

However, calls to give "secondary publishers" like internet service providers, internet discussion forums and booksellers greater protection has been put out to consultation, as have suggestions that specific restrictions should be put on the ability of corporations to bring defamation actions.

Shadow justice minister Rob Flello said the draft bill built on work that had begun under the previous Labour government.

"It is important we bring to an end libel tourism which damages Britain's reputation. Protection under the law must be available to everyone, whatever their means, while ensuring the public interest is served by a free press."

He added: "The devil will be in the detail of this bill and how it will bring libel laws up to date and in line with a growing online media."

Monday 14 March 2011

consumers are skeptical about offers for extra protection. Nevertheless, industry analysts say big banks will consider making fee-based protection services a bigger part of their business model, as other sources of revenue decline under new federal regulations.

The basic pitch from banks and credit card companies has been around awhile: We’ll monitor your credit, alert you if we see fraud, and help you recover if your identity is stolen–all for a low monthly fee.

But fewer consumers are signing up, likely because they are less scared and a bit smarter about protecting themselves.

Identity theft and fraud incidents dropped in 2010, and more consumers are shredding documents, watching for strange charges on their accounts and checking credit reports regularly.

Many consumers are skeptical about offers for extra protection. Nevertheless, industry analysts say big banks will consider making fee-based protection services a bigger part of their business model, as other sources of revenue decline under new federal regulations.

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