Category Archives: Law

Southport killer will be treated as a terrorist in jail, Yvette Cooper tells MPs – as it happened

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Home secretary also says inquiry into the attack will cover wider threat posed by youth violence

Starmer says nothing will be off the table in the inquiry.

There are also questions about the accountability of the Whitehall and Westminster system – a system that is far too often driven by circling the institutional wagons, that does not react until justice is either hard won by campaigners, or until appalling tragedies like this [take place].

Time and again we see this pattern, and people are right to be angry about it. I’m angry about it.

There are also bigger questions, questions such as how we protect our children from the tidal wave of violence freely available online.

Because you can’t tell me that the material this individual viewed before committing these murders should be accessible on mainstream social media platforms, but with just a few clicks, people can watch video after horrific video – videos that, in some cases, are never taken down,

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Hong Kong chief justice claims overseas judges have left due to ‘orchestrated harassment’

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Andrew Cheung defends city’s legal processes as ‘transparent, fair and independent’ despite mounting concerns from departing legal officers

Hong Kong’s top judge has claimed the exodus of foreign judges from the judiciary’s benches since the introduction of the national security law is due to escalating geopolitical tensions and “orchestrated harassment”.

The city’s chief justice, Andrew Cheung, made the remarks at the ceremonial opening of the city’s legal year on Monday evening in a speech which acknowledged the changing political environment but otherwise stridently defended the judiciary. Hong Kong has a common law system separate from the Chinese mainland’s, but observers say it is under growing political pressure.

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Prisons minister aims to close one women’s jail in England and Wales

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Exclusive: Timpson says government plans to reverse rise in female inmates and use alternative forms of punishment

A women’s jail in England or Wales should be closed by diverting offenders to alternative forms of punishment and rehabilitation, the prisons minister, James Timpson has said.

In an interview with the Guardian, the former head of the shoe repair chain said the government planned to reverse the rise in the number of women being sent to jail, around half of whom are mothers.

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CNN defamation case foreshadows Trump media crackdown, experts say

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Contractor Zachary Young wins damages over Afghanistan story in trial notable for prosecution’s aggressive stance

A combative defamation trial in Florida, involving CNN and a former US security contractor in Afghanistan, is providing a roadmap for a crackdown on media independence during the second Trump administration, experts believe.

The case was already unusual because CNN chose to defend itself and risk millions in damages, while other media giants such as ABC News and the Washington Post have opted to back down in the face of threats of persecution from the incoming president. Ultimately, after 18 hours of deliberation, the jury found that CNN defamed the contractor and awarded Zachary Young $4m in lost business and $1m in personal damages.

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Labour considering ban on use of NDAs to hush up sexual misconduct at work

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Ministers prepared to back change in law to prohibit misuse of gagging clauses by employers, it is understood

A ban on UK employers using non-disclosure agreements to hush up cases of sexual misconduct and harassment is being considered as part of the government’s overhaul of employment rights.

After a slew of high-profile cases and years of campaigning by activists, it is understood that ministers are prepared to back a change in the law to prohibit the misuse of gagging clauses.

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Andrew Malkinson calls miscarriage of justice watchdog’s ex-head ‘shameless’

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Helen Pitcher resigned from the CCRC saying she had been ‘scapegoated’ over Malkinson’s case

Andrew Malkinson has called the former head of the miscarriage of justice watchdog “shameless” as she resigned from the job saying she had been “scapegoated for entirely legitimate decisions” taken over his case.

Helen Pitcher handed in her resignation as chair of the Criminal Cases Review Commission (CCRC) on Tuesday afternoon after learning that an independent panel had concluded by a majority of two to one that she was no longer fit to be chair.

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Ban on naming Sara Sharif care case judges would have ‘corrosive impact’, court told

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Media organisations are challenging ruling that they cannot name three judges involved in proceedings relating to 10-year-old who was later murdered

A unprecedented ban on naming judges who oversaw proceedings related to the care of Sara Sharif before she was murdered is likely to have a “corrosive impact” on public confidence in the justice system, the court of appeal has been told.

Mr Justice Williams ruled in December that the media could not name three judges who oversaw three sets of family court proceedings relating to the 10-year-old schoolgirl over concerns they would be subject to a “virtual lynch mob”. He also said he did not believe the media could be trusted to report matters in a fair, accurate and responsible way.

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Frasers Group says two-thirds of retail staff are still on zero-hours contracts

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MPs examining plans for legislation were told 11,500 staff on the contracts, which do not guarantee weekly shifts

The owner of Sports Direct has confirmed that two-thirds of its retail workforce remain on zero-hours contracts ahead of new legislation designed to limit their use.

Frasers Group told MPs who are examining plans to strengthen protection for employees that 11,500 staff were on the contracts, which do not guarantee any weekly working shifts, and did not receive compensation even if shifts were changed at the last minute.

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Tory police cuts are only part of the ongoing crisis affecting victims of crime

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Austerity affected courts, prisons and public services while rates of poverty surged, creating the conditions for more crime

The period in which clear-up rates for the most serious crimes collapsed coincided with big cuts to police budgets, and the subsequent fall in police officer numbers of about 20,000.

The last Conservative government, responsible for the cuts after 2010 in the name of austerity, spent its time denying they would have any damaging effect on crime fighting in England and Wales. Then, in its final years, it started to reverse the cuts, and pretended “wokery” among law enforcement had diverted officers’ attention.

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Kenya court rules that criminalising attempted suicide is unconstitutional

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The judgment has been welcomed as an important shift in perceptions by human rights and mental health groups

A Kenyan judge has declared as unconstitutional sections of the country’s laws that criminalise attempted suicide. In a landmark ruling on Thursday, Judge Lawrence Mugambi of the country’s high court stated that section 226 of the penal code contradicts the constitution by punishing those with mental health issues over which they may have little or no control.

While the constitution says in article 43 that a person has the right to the “highest attainable standard of health”, criminal law states that “any person who attempts to kill himself is guilty of a misdemeanour and is subject to imprisonment of up to two years, a fine, or both”, with the minimum age of prosecution for the offence set at eight years old.

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Strasbourg court finds Greece guilty of ‘systematic’ pushback of asylum seekers

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In ‘potentially trailblazing’ decision, European court of human rights finds country engaging in illicit deportations

The European court of human rights has found Greece guilty of conducting “systematic” pushbacks of would-be asylum seekers, ordering it to compensate a woman forcibly expelled back to Turkey despite her attempts to seek protection in the country.

In a judgment described as potentially trailblazing, the Strasbourg-based tribunal awarded the complainant damages of €20,000 (£16,500), citing evidence that the frontline EU state was engaging in the illicit deportations when she was removed.

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New year, new deal: the buyout boom poised to take over City lawyers’ lives

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Around-the-clock work will be commonplace to tackle an M&A surge fuelled by tax changes, activist investors … and the Trump factor

Whether they’re on skis or a sunlounger, there is no beach, mountain or fireside that can spare lawyers from the urgent calls of zealous, dealmaking executives and private equity bosses. After a breathless 2024, the City’s army of corporate lawyers are set for another year of masking their poolside backgrounds on video calls, braced for an even busier 2025.

“Sadly, we were incredibly busy in July and August. We were both on holiday and working up to 14 hours a day,” says Patrick Sarch, partner at law firm White & Case and head of its public mergers and acquisitions (M&A) division. He and Sonica Tolani, another partner at the same firm, specialise in advising activist investors.

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Invasion Day marcher stripped of $800,000 compensation as police duty of care ruling overturned

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Laura Cullen was among 5,000 people at a 2017 Sydney protest when she was knocked down and injured as NSW police tried to arrest a man

A landmark legal ruling that set out the duty of care New South Wales police owe people attending protests has been overturned on appeal, stripping an Invasion Day marcher of an $800,000 compensation claim and forcing her to repay $103,00 in legal costs.

The NSW court of appeal handed down the decision shortly before Christmas, overturning an earlier ruling that found police had a duty of care to a woman who attended a protest where she was a bystander to an arrest, and who was knocked down and injured during the arrest.

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Labour goes slow on rape courts pledge amid fears over shortage of lawyers

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Election manifesto promise to set up specialist tribunals to deal with huge backlog of cases has been put on hold

The government appears to have stalled on plans to set up dozens of specialist rape courts to deal with a huge backlog of cases, amid warnings there are not enough lawyers to make the proposals work.

Labour pledged during the election campaign to use vacant rooms and buildings on crown court sites to fast-track rape cases and reduce the numbers awaiting trial.

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Man on the run after being recalled to UK prison indefinitely makes plea to minister

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Matthew Booth, from Bolton, is facing further time in jail after claims he has restarted a relationship with an ex

A Bolton man who is on the run after being recalled to prison indefinitely has made a direct plea to the justice secretary to intervene in his case.

Matthew Booth, 33, is wanted by police on recall to prison for a crime he committed when he was 15 and for which he has served a sentence.

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Dominique Pelicot will not appeal against conviction for drugging and raping ex-wife

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Lawyer says he wishes to spare Gisèle Pelicot a new ordeal after marathon trial convicted all 51 accused

Dominique Pelicot will not appeal against his conviction for drugging and raping his wife and inviting strangers to rape her, his lawyer has said.

Béatrice Zavarro said the former electrician, 72, who was jailed for the maximum 20 years this month, wished to spare his now ex-wife, Gisèle Pelicot, a new ordeal but admitted there was also the risk a new trial in front of a public jury could mean a longer prison sentence.

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Up to 30 MPs who backed assisted dying bill could withdraw support at next vote

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Several MPs preparing to suggest amendments on key concerns including coercion and role of medics

Up to 30 MPs who backed assisted dying could withdraw support at the next parliamentary vote, MPs have said, as several prepare to suggest amendments on coercion and the role of medics.

The committee that will examine the next stage of Kim Leadbeater’s assisted dying bill will begin hearings in the new year, with MPs coalescing around several demands for changes to the legislation.

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Cancer patient fears dying without justice as tribunal date repeatedly delayed

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IT technician Joe Mezgebe arrived at unfair dismissal hearing to find no judge available – for the second time

A disabled man with prostate cancer has had his employment tribunal for unfair dismissal postponed the day before it was due to take place because a judge was not available – 13 months after exactly the same thing happened.

Joe Mezgebe, an IT technician, who first presented his claim against Christ’s College, Finchley academy in June 2021, has lost £15,300 in fees to his barrister as a result of the cancellations, and fears he may not live to see justice done.

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Israel’s war in Gaza amounts to genocide, Amnesty International report finds

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Human rights group says Israel ‘brazenly, continuously and with total impunity … unleashed hell’ on strip’s 2.3m population

A report from Amnesty International alleges that Israel’s war against Hamas in the Gaza Strip constitutes the crime of genocide under international law, the first such determination by a major human rights organisation in the 14-month-old conflict.

The 32-page report examining events in Gaza between October 2023 to July 2024, published on Thursday, found that Israel had “brazenly, continuously and with total impunity … unleashed hell” on the strip’s 2.3 million population, noting that the “atrocity crimes” against Israelis by Hamas on 7 October 2023, which triggered the war, “do not justify genocide”.

The unprecedented scale and magnitude of the military offensive, which has caused death and destruction at a speed and level unmatched in any other 21st-century conflict;

Intent to destroy, after considering and discounting arguments such as Israeli recklessness and callous disregard for civilian life in the pursuit of Hamas;

Killing and causing serious bodily or mental harm in repeated direct attacks on civilians and civilian infrastructure, or deliberately indiscriminate attacks; and

Inflicting conditions of life calculated to bring about physical destruction, such as destroying medical infrastructure, the obstruction of aid, and repeated use of arbitrary and sweeping “evacuation orders” for 90% of the population to unsuitable areas.

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New plan would ‘transform’ end of life care for 100,000 in England and Wales

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Palliative care commission set up to provide high-quality, holistic support following assisted dying vote

MPs, doctors and charities have drawn up a blueprint to deliver an “unprecedented transformation” of care for 100,000 people a year in the final stages of their lives.

After parliament’s historic vote last week to legalise assisted dying in England and Wales, a commission on palliative care has been set up to help improve end-of-life care.

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