Monthly Archives: August 2012

Data Protection Law World Handbook 2012 (DLA Piper)

As the title suggests, this is a document pulled together by the lawyers at DLA Piper on the various Data Protection regimes around the world. Although not great in the fine detail (otherwise the handbook would be a lot larger than its 274 pages), it’s an extremely useful guide to those looking at comparative regimes and needing a way in.

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August 29, 2012 · 8:54 am

Hacking Off Alan Partridge (Macfarlanes)

A note by Geoff Steward on the final part of the Mulcaire litigation.

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August 29, 2012 · 8:51 am

The Fresh Prince – Is there more than just Privacy and Freedom of the Press at stake? (Eversheds)

A small article amongst many others on the subject of Prince Harry but with a focus on a Data Protection aspect of the matter.

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August 29, 2012 · 8:49 am

No duty to lower academic standards for disabled student (Mills & Reeve)

One of the perennial discussions about entry to the Bar as a profession looks at the academic requirements for entering onto the BPTC. It currently sits at a Lower Second class degree, but there is discussion as to whether the BSB should raise this to ensure that people who stand a good chance of passing the course (and of getting pupillage) can do so, while those who do not should not waste their time and a lot of money working towards a profession they will never succeed at. The link above provides a brief summary of a recent case involving the Visitors of the Inns of Court investigating an appeal against the BSB’s decision not to use its discretion to lower the academic standards for the Bar course for a disabled student. Only a small summary, it highlights the point that a competence standard is a proportionate means of ensuring success on the course. Perhaps now there is an argument for raising the entry standard to the next level and doing away with the aptitude test.

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August 17, 2012 · 9:14 am

Carl Gardner on the ‘threat’ by the UK to remove the Ecuadorian embassy’s status

An excellent post by Carl Gardner on whether the UK can actually remove the Ecuadorian emabssy’s status as part of the current wrangling over Julian Assange.

Follow Carl on Twitter at @CarlGardner

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August 16, 2012 · 2:33 pm

The Queen on the application of T Nicklinson v MoJ

What can only be described as a very sad case, Tony Nicklinson has lost his case in the High Court in the latest ‘right to die’ judgment.

The issues in the hearing were as follows:

1. Is voluntary euthanasia a possible defence to murder?
2. Is the DPP under a legal duty to provide further clarification of his policy?
3. Alternatively, is section 2 of the Suicide Act incompatible with article 8 in obstructing Martin or Tony from exercising a right in their circumstances to receive assistance to commit suicide?
4. Are the GMC and the SRA under a legal duty to clarify their positions?
5. Is the mandatory life sentence for murder incompatible with the Convention in a case of genuine voluntary euthanasia?”

The judges were very sympathetic of his plight, and that of the other individual bringing a claim, AM, but in the end decided that they were unable to depart from the law as it stood and that it is for Parliament to decide on changing the law.

The press summary can be found here.

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August 16, 2012 · 2:24 pm

Julian the Asylum Seeker by Francis Fitzgibbon QC

The news that Ecuador has granted political asylum to Julian Assange has been taking up a lot of airwaves and bandwidth since it was announced after 1pm today. A lot of questions are being raised as a result, and a lot is being written on the topic. Francis Fitzgibbon QC has written an excellent post on the law behind Assange’s application for asylum. Although this post is dated from June 2012, it is a good clear explanation of how we got to this point.

 

Follow Francis Fitzgibbon QC on Twitter at @ffgqc

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August 16, 2012 · 2:16 pm