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  • Phone hacking: offences, and other legal issues

    Carl Gardner
    July 10, 2009

    If the Guardian’s right that News Group Newspapers have illegally hacked, or paid investigators to illegally hack, the mobile phone messages of celebrities, then those investigators and journalists may have committed the offence of unlawful interception under section […]

    Tags: crime, litigation, media law
  • Mrinal Patel case dropped

    Carl Gardner
    July 3, 2009

    Harrow Council has abandoned its prosecution of Mrinal Patel today. No surprise there, then. I expressed myself in moderate terms while criminal proceedings were under way, but summonsing her under the Fraud Act 2006 always looked dodgy – […]

    Tags: crime, education, fraud, local government
  • Ronald Biggs, and the real ale of English freedom

    Carl Gardner
    July 3, 2009

    It’s been widely reported that Jack Straw has turned down parole for Ronald Biggs.

    For the parole board to recommend his release may be humane in the individual case, but it would not be right in the broader […]

    Tags: crime, human rights, prisons
  • German Constitutional Court approves Lisbon – with provisos

    Carl Gardner
    July 2, 2009

    On Tuesday the Federal Constitutional Court ruled that the Lisbon Treaty is fundamentally compatible with the German Constitution – the Grundgesetz or Basic Law. The judgment is vast and verbose (German/English) but here’s a (still quite […]

    Tags: eu law, europe, german consitutional court, germany, lisbon treaty
  • Baroness Deech and the Cohabitation Bill

    Carl Gardner
    July 1, 2009

    I’m grateful to John Bolch (again) for his reminder last week about what happened to Lord Lester’s Cohabitation Bill: it ran out of time, basically, after committee stage in the Lords on 30 April, and since the government […]

    Tags: family, lord lester
  • Parliamentary Standards Bill: crying wolf about human rights

    Carl Gardner
    June 30, 2009

    I’m always amused when anyone – often it’s some kind of campaign group – claims that this or that Parliamentary bill “could” breach human rights. As often as not, it’s simply a tactical claim: whoever it is opposes the measure […]

    Tags: article 6, human rights, parliament
  • Lords judgment: AG’s reference no. 3 of 1999 – application by the BBC

    Carl Gardner
    June 28, 2009

    I don’t propose to comment at any length on this Lords judgment from the week before last. It has interesting facts, and signals that the BBC are planning to screen an interesting programme about possible “wrong acquittals”, which in […]

    Tags: crime, dna, human rights, media law, rape
  • Lords judgment: Gray v Thames Trains

    Carl Gardner
    June 18, 2009

    Yesterday’s judgment in this case is interesting: their Lordships have decided that Kerrie Gray, who was injured in the Ladbroke Grove rail crash of 1999, cannot recover damages in negligence from Thames Trains and Network Rail for the consequences […]

    Tags: crime, damages, mental health, negligence, tort
  • NightJack: the Times should be ashamed

    Carl Gardner
    June 17, 2009

    I admire and respect the professional mainstream press; but the behaviour of the Times in “outing” the Orwell Prize winning blogger NightJack has dented that respect considerably. Here’s Eady J’s judgment, refusing the injunction the blogger sought.

    Tags: blogging, breach of confidence, freedom of expression, media law, newspapers
  • Lords judgment: Home Secretary v AF

    Carl Gardner
    June 17, 2009

    I said I’d write about the case; and now, finally, I am doing. Here’s last week’s judgment about control order. There’s also the podcast I recorded with Charon QC about it, don’t forget.

    I must admit, I […]

    Tags: control orders, human rights, interpretation, terrorism
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