He was told on Wednesday that he would be released from prison with immediate effect.
Mr Hallam, 24, was jailed in 2005 for the murder of Essayas Kassahun, a trainee chef. He was just 17 years old at the time, and stood accused of being part of a baseball-bat-wielding gang who attacked and killed Mr Kassahun in East London.
]]> Mr Hallam has persistently denied the murder, and both he and his family have campaigned vehemently for his release.Mr Hallam was convicted on the basis of testimony from two witnesses that he was among the group. However, he always maintained that he was half a mile away playing football at the time of the attack.
The Court of Appeal heard yesterday how the police investigation into the killing was fatally flawed. Officers had failed to correctly corroborate his alibi and the prosecution had not disclosed crucial mobile phone and CCTV evidence to the trial court.
Addressing the court, Mr Hallam's lawyer, Henry Blaxland QC said: "(My client) has been the victim of a serious miscarriage of justice brought about by a combination of manifestly unreliable identification evidence, the apparent failure of his own alibi, failure by police properly to investigate his alibi and non-disclosure by the prosecution of material that could have supported his case."
Mr Hallam' s first appeal in 2007 was dismissed, but a subsequent review by the Criminal Cases Review Commission revealed evidence which they felt had been overlooked.
A crucial witness in the case, Phoebe Henville, had changed her account of events several times during the investigation, and later admitted that she had simply picked Mr Hallam for want of someone to blame for the murder. Further investigation revealed nine witnesses who said that Mr Hallam was not at the scene.
Speaking outside the court, a supporter of Mr Hallam's, Penny Millard said: "They all knew he was innocent: he wasn't there. Today is amazing. It should have happened sooner but the wheels of justice are slow. We can't believe this."
Mr Hallam left the Royal Courts of Justice a free man, arm-in-arm with his mother Wendy amidst a champagne shower from longstanding friends and supporters.
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]]>Commentators are taking his assessment seriously: judges at Supreme Court level really do have an influence on the way the law develops in the United Kingdom.
His speech gives us the first idea of his political persuasions. He is one of the few judges in recent decades to have been appointed to the UK's highest court without having previously held a full-time judicial post.
]]> Analysing his speech, Joshua Rozenberg of the Guardian identifies some of his key political opinions. Sumption believes along with many others that the Iraq war lacked legal legitimacy, and he also appears to associate himself with 'judicial revulsion' at the American policy and methods employed against terror suspects at Guatanamo Bay, Cuba.The remit of the courts to intervene in British foreign policy has been under discussion for many years. In the 1984 GCHQ case the majority of law lords decided that UK foreign policy was not susceptible to judicial review. Thus was born the principle of non-justiciability.
However, Lord Sumption's view is that this principle has never been satisfactory.
Several cases over the past decade have demonstrated the willingness of the courts to look again at foreign policy, albeit cautiously.
The case of Al Rawi in 2006 showed that UK judges were prepared to be involved in the review of foreign policy decisions to protect the human rights of detainees at Guatanamo Bay.
Lord Sumption, in fact, represented the Government in the 2010 Binyam Mohamed case. The Court of Appeal there decided not to redact seven paragraphs which summarised intelligence material supplied in confidence by the US intelligence agencies: something which has prompted the Government to seek greater power to render sensitive information beyond the realms of open court.
However, Sumption also fired a word of warning.
"Courts (will not) allow the Human Rights Act to be used as a basis for challenging governmental decisions on major policy choices in foreign affairs," he said in his speech.
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]]>The all-party Pharmacy Group has just announced the findings of a six-month review into the issue and has concluded that the Government is putting EU free-trade law ahead of patient safety.
The group has called for an unequivocal message from law makers that UK patients come first ahead of free and fair trade.
]]> The report conducted by the group found that patients with a variety of ailments, including diabetes, hypertension, epilepsy, Parkinson's and schizophrenia had all on occasion been unable to obtain medicines due to a shortage of supply.The report found that at any given time there were shortages in around 30-40 key medicines, but that these tended to vary.
"There are currently only about 30 drugs reported as difficult to obtain due to parallel exporting out of 16,000 branded and generic medicines," said the report.
The report cites profiteering by smaller wholesalers who buy the drugs in bulk and export them to more expensive markets in mainland Europe.
Labour MP Ken Barron is the report lead.
"The UK has been experiencing shortages of NHS prescription medicines for four years. These shortages are caused principally by the export of medicines intended for the UK market to other EU countries," the report reads.
In an interview with The Times, Mr Barron highlighted the patient suffering that the report uncovered.
"Our report lays to rest the mistaken view that patients are not suffering, and it clearly shows that pharmacists are spending countless hours sourcing medicines that should be readily available," he said.
The Department of Health has responded by saying it will look further into the matter, and will do all it can to protect the interests of UK patients.
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]]>The scheme places students from one European University at another for a year, and aims to breed cultural and social integration across European states, as well as producing more rounded graduates in a variety of subjects, including law.
Kiera Taylor is a law student at Kent University currently studying at the University of Copenhagen.
]]> "I've been out more during my time in Copenhagen than during the rest of my degree combined," she says.The year is expensive, but financial help is available in the form of free tuition and a €4,000 grant towards living expenses.
The expense has paid off, however, as she has secured two offers for vacation schemes from top City law-firms. Ms Taylor feels that studying abroad may have provided her with an edge.
"The partners who have interviewed me have all been very interested in what I have learned from spending time abroad," she added.
As well as learning about another culture and way of life, the Erasmus programme also allows students to experience different approaches to teaching. The Copenhagen University does most of its examinations orally, something which could help in future interviews.
"The oral nature of the exams is fantastic interview practice," added Ms Taylor.
The Erasmus scheme was launched 25 years ago, and has been such a success that the EU is planning its expansion. 'Erasmus for All' is a new scheme designed to extend the notion of Erasmus learning to out-of-work graduates. Under the proposed scheme graduates would be entitled to EU-backed loans of up to €12,000 to study a Masters degree abroad.
Jill Marshall is a senior lecturer in law at Queen Mary.
"At present there is so much competition facing law graduates in particular. Students not getting training contracts or pupillages need something to do in the one or even two years they are increasingly having to wait to secure positions post-graduation," she said.
However, law industry insiders are cautious about the value of the Masters extension programme.
Edward Walker is graduate recruitment manager at corporate law firm Pinsent Masons.
"Chances are, if you haven't met minimum academic requirements by the end of the Legal Practice Course (LPC), you're not going to reach it with a Masters. And if you have reached it, but not got a training contract, then the gap you have is not academic but elsewhere," he said.
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]]>It will run for about 30 minutes and will cover:
For more information and to register, please visit www.lawyermarketinguk.co.uk/firmsite-webinars
Places are limited to ensure we have an appropriate amount of interaction with attendees, so if you're interested please register now. You will receive a reminder email 15 minutes before the webinar starts.
]]>Nicola Brookes is taking legal action against Facebook to reveal the details of those who posted abuse on their site by setting up a fake profile using her name and details and using the rogue site to send explicit messages to underage girls, prompting taunts that she was a paedophile.
If successful, she has said that she will use the information to launch a private prosecution against her online tormentors, referred to in computer jargon as 'trolls'.
]]> Ms Brookes who lives in Brighton had looked at a Facebook page dedicated to shamed X-Factor star Frankie Cocozza. Mr Cocozza was himself subject to online taunts, and Ms Brookes posted a message of support on his page, partially motivated by her daughter who is a fan of the show and of the singer."Keep your chin up, Frankie, they'll move onto someone else soon," she wrote, prophetically.
Within hours Facebook users were targeting Ms Brookes, commenting on her post that she was a paedophile and stating that they wished she was dead.
"I was getting hundreds of these alerts so I couldn't even ignore it or blank it out. It was like a form of torture," she said.
Ms Brookes reveals that the comments soon became more malicious, as trolls targeted her personal page, commenting on her age, her looks, and the fact that she suffers with the inflammatory bowel condition, Crohn's disease.
"They started getting very personal, looking at my Facebook account, and talking about my appearance, my age and my illness. I hadn't invited any of it, but they ganged together and started inciting a sort of public hatred of me," she added.
Latterly the trolls used images of Ms Brookes and personal information from her page to set up a 'fake' account, before posting sexually provocative messages onto the pages of girls, one as young as nine.
In response Ms Brookes has instructed lawyers to bring a High Court action against Facebook, to order them to reveal the IP Addresses of those involved in perpetrating the abuse. This information can then be used to locate the abusers who could then face private prosecution.
Rupinder Bains is a partner at Bains Cohen, the firm bringing the action on behalf of Ms Brookes.
"A criminal offence has been committed and the police should be involved hunting down these perpetrators, but no such assistance is provided," she said.
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Read more on the story (The Telegraph)
Internet and email bullying (FindLaw)
]]>The warning came after a series of high-profile cases involving postings made on micro-blogging sites. In one case a student who mocked football star Fabrice Muamba after he collapsed and nearly died in a game was jailed for 56 days for a racially aggravated public-order offence.
In another, a blogger who threatened to force excrement through the letterbox of a local councillor was handed 80-hours' community service.
]]> Mr Grieve likened posting on Twitter to walking into the pub and handing out flyers with offensive messages on."If somebody goes down to the pub with printed sheets of paper and hands it out, that's no different than if somebody goes and does a tweet. The idea that you have immunity because you're an anonymous tweeter is a big mistake," he said on BBC Radio 1's Newsbeat programme.
"I don't want to take action but if I think it is necessary to prevent crime, such as racially aggravated harassment, then I won't hesitate to do it," he added.
Mr Grieve has been grappling with the legal issues thrown up by wider internet use for some time. Last year he warned that use of the internet could jeopardise trial by jury, after acknowledging that juror's impartiality could be tainted if they were to research a case online whilst doing jury duty. Jurors are now warned by judges about the use of the internet during trials.
The issues raised by the internet were brought into sharp focus after the anonymity of Ryan Giggs was blown by 75,000 Twitter users who revealed that he was the footballer who had had an affair with former Big Brother contestant Imogen Thomas.
Mr Giggs was in possession of a 'super-injunction' at the time, forbidding reporting of his case or mention of his name. His lawyers failed in a bid to force Twitter to reveal the names of those who had breached the injunction after Mr Giggs' name was stated openly in the House of Commons by an MP objecting to the use of super-injunctions in such cases.
Mr Grieve reaffirmed that Twitter users are not beyond the law, and are not exempt from the enforcement of privacy orders.
"I will take action if I think that my intervention is necessary to maintain the rule of law," he said.
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]]>The UK objections centre on French and German desires to alter the way the Basel III capital requirements are implemented in European banks.
Basel III is an internationally agreed set of rules designed to ensure that banks keep enough cash in reserve to protect themselves from a downturn in the market.
]]> The UK argued that the Basel III rules should be implemented in full with a 'leverage ratio' based on balance-sheet numbers, whilst the French, Germans and other EU states wish to implement a softer 'risk-weighting' proposal.The UK argued that if the softer measures were indeed to be used then it would reserve the right to impose stricter capital requirements on individual banks without the need to gain EU approval. The UK stance, Osborne argued, was justified as it is ultimately taxpayers who have to bail out struggling banks.
Talks on the agreement are scheduled for tomorrow, but the news that Mr Osborne may change his stance and sign the deal will baffle some as there have been no substantive changes to the text he was so opposed to signing a fortnight ago.
The deal is far from secure at this stage, with tough negotiations opening with the EU Parliament once the Council of Ministers has signed off on the proposals. It is thought the Parliament will lobby for strict pay curbs on bankers' bonuses, something which is alarming the EU's major investment houses.
It is thought the parliamentary discussions to come form part of the reason for Mr Osborne changing tack. It is also thought that subsequent analysis of the deal brokered two weeks ago has revealed that there is nothing in it to stop the UK implementing the Vickers Banking Reforms, something which the Chancellor is very keen to do.
Some delegates at the stalled talks two weeks ago believe that Mr Osborne's position was driven by nationalism.
EU Commissioner Michel Barnier said: "It boils down to an opt-out. Let's simply reassert our national freedom and have Basel III on a national basis."
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]]>The scheme, which is designed to place the EU at the forefront of global efforts to reduce carbon output over the next few decades by as much as 80%, will see companies forced to pay for the amount of CO2 they produce through a credit trading system.
The scheme is already highly unpopular with the major airlines, who claim that the system will mire them in increased costs and a massive burden of bureaucracy.
]]> Sue Barham is a partner specialising in aviation law at Holman Fenwick Willan."For companies in the business aviation industry, this is going to make things much more expensive," she said.
In future all aircraft operators, large and small, will along with other businesses be forced to buy credits for each tonne of CO2 they emit. If their emissions exceed their credits then they will be forced onto the carbon-trading market to buy additional credits, which will be sold by firms who have either bought extra or who have made their business more carbon efficient and reduced their need.
To soften the blow for major airlines, the EU has offered to hand over 85% of their first-year permits for free. The result is that the EU Commission anticipated that the new law will add around €6-12 onto the price of a transatlantic airfare.
However, smaller aircraft-operators will only receive 4% of their allowance for free in the first year, meaning they must shoulder a far greater burden of the costs.
Fabio Gamba is the chief executive of the European Business Aviation Association.
"We have to pay much, much, more than commercial airlines," he predicts.
The reason for the discrepancy is the formula the EU uses to calculate permit awards. The formula measures the aircraft's capacity against the miles it flies. As a result, a big passenger-aircraft is deemed far more efficient than a small private jet which might only carry a handful of passengers.
The bureaucracy is also proving a problem, with different member states initiating different schemes for the accounting process, meaning that transnational carriers will often have to submit the same data in several different formats.
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]]>Off-duty police officers, university lecturers and border-control staff joined teachers and nurses in walking up Millbank to the Houses of Parliament.
Meanwhile protest meetings were taking place at 80% of the country's prisons according to the Prison Officers Association (POA). They said that they would continue until they were called off by the union's national executive.
]]> The POA General Secretary Steve Gillan said that the union had been warned by the Treasury that they would seek an injunction to stop the meetings which they see as industrial action. Prison officers are banned from striking by law, so instead held the meetings whilst on the job.The day of striking in London was convened by public-sector workers and was led by the Public and Commercial Services (PCS) union, nurses from the Unite union, teachers and lecturers from the University and College Union and Royal Navy support staff from the RMT union.
The Government were claiming something of a victory after claiming that fewer civil servants actually took to strike action compared to last November.
"We can now confirm that far fewer civil servants are on strike than in November, with around 100,000 taking part, down from 146,000 last year," said Cabinet Secretary Francis Maude.
The Government confirmed that the strikes had had minimal impact on the provision of services nationally, with only nine out of 700 Job Centres forced to close.
Sergeant Al Perry of the West Yorkshire Police Federation said: "We are here for one reason: to put our voice against the 20% cuts being imposed by the Home Office. There are around 20,000 officers here today. We want the public to look at us and see that this is the number of officers that will be lost in the next two years," he said.
Shadow Home Secretary Yvette Cooper also took part in the march, and said that the Government cuts have gone too far.
"The Government is going too far and too fast," she said.
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Read more on the story (The Guardian)
Taking part in industrial action (FindLaw)
]]>The amendments are being welcomed by many, who say that UK libel law is out of date and too expensive.
Lord Mawhinney is the chairman of the joint Commons and Lords committee on the draft defamation bill.
]]> "Libel law is far too expensive, which is a barrier to all but the richest," he said.In response to the committee's report the Government agreed to replace the test of 'substantial harm' to reputation which exists at the moment, and replace it with a much stricter test of 'serious harm' which would need to be proven in a defamation case.
"The bill will rebalance the law to ensure that people who have been defamed are able to protect their reputation, but that free speech and freedom of expression are not unjustifiably impeded by actual or threatened libel proceedings," said the Ministry of Justice.
Critics of the existing law have argued it favours the prosecution too heavily, jeopardising legitimate criticism often against large multinationals. In several cases research or investigative journalism has been silenced by companies who threaten libel, knowing that the risk of loss is too great for any publisher, forcing them into a climb down.
The Ministry of Justice added: "The new law will ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism."
The bill will also target so-called 'libel tourism' in which complainants travel round jurisdictions seeking to bring actions in the country offering the most lucrative compensation payouts. The bill will tighten the test to be applied by courts to actions brought against people who are not resident in the UK or another EU member state.
The bill will also limit trials by jury, by allowing judges to determine when they feel it is appropriate for such a trial to go ahead.
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Libel (FindLaw)
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]]>The band was made famous in the late seventies and early eighties by their camp disco classics which included 'Y.M.C.A' and 'Go West'.
Willis won a battle to claim partial ownership of dozens of tracks after a California judge ruled that he could terminate a decades-old publishing deal. The judgment allows Willis to earn royalties on the songs, which for years had been paid to a publisher.
]]> Linda Smith is Victor Willis' publicist."To say this decision will send shockwaves through the record industry is an understatement," she said.
The case dates back to amendments to the US Copyright Act which date back to 1978. According to that American law songwriters have the right to terminate copyright deals with labels and publishers, 35 years after they are signed. The allowance is only made available if they give notice to labels. The law comes into effect next year.
Many artists who were making popular music in the late seventies including Bob Dylan, Tom Waits and the Eagles, are now filing notices of termination to publishers to reclaim copyright ownership.
The publishers in this case were Scorpio Music and Can't Stop Productions. They claimed that Willis was not entitled to terminate the agreement because the songs were written by several artists and therefore the actions of one of the writers could not override the collective agreement. The judge however disagreed.
"One author who gives a grant to a publishing company has the right to recapture the copyright interest he created 35 years ago regardless of what other co-authors do or don't do," he said.
Under the terms of the reclamation of copyright, Willis could also be entitled to additional royalties. He previously was only entitled to 20% of any song he had written. 'Y.M.C.A' had only three authors, so in future he could in theory claim up to one third of any royalty payments.
The UK has no similar clause allowing reversion of copyright, although clauses can be written into agreements which stipulate when copyright will revert back to the author.
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What does copyright cover? (FindLaw)
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]]>Mr Mulcaire is fighting an order stating he must reveal who at the News of the World instructed him to intercept voicemails on behalf of the paper.
He denied that his action to defend the order was motivated in any way by a desire to defend his former employers or to protect former colleagues at the paper.
]]> The case in question concerns a court order demanding that he reveal who at the News of the World ordered him to intercept the voicemails of Nicola Phillips, the former PR consultant to Max Clifford.Mr Mulcaire is claiming privilege against self-incrimination.
In a statement before the case, Mr Mulcaire said: "This appeal is being heard because I have been advised by my legal team from the outset that I should not have to give potentially incriminating answers to questions asked of me in the phone-hacking cases in the high court. I bring it for no other reason."
"All the steps taken by my legal team in respect of the civil claims against me are to protect my legitimate legal interests," he added.
Mr Mulcaire's counsel in the case is Gavin Millar QC. Mr Millar told five Supreme Court justices that the motivation for the action was self-preservation and nothing more.
"The decision to pursue this appeal is Mr Mulcaire's and his alone," Mr Millar said.
He added that Mr Mulcaire would comply with any court order if it is determined that he cannot rely on the defence of legal privilege.
The early part of the hearing has so far heard complex arguments over the content of the voicemails, which could be considered intellectual property under the terms of the Senior Courts Act 1981. If this is found to be the case then Mr Mulcaire would lose his privilege defence.
Mr Mulcaire is challenging three previous rulings, two from the High Court and one from the Court of Appeal who all agreed that the contents of the voicemails are covered by the Senior Courts Act and affirmed the order to reveal who gave him the instruction to intercept them.
The hearing continues.
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Phone hacking and the law (FindLaw)
]]>The speech, which contains details of the legislative programme for the next parliamentary session is widely tipped to offer a much reduced programme of new laws, with the 'squeezed middle' looking unlikely to gain any favour after the recent news that the economy did indeed dip into a second recession in the first quarter of 2012.
The Prime Minister and his deputy were in Essex yesterday, to promote a strengthening of their coalition government, and pledge a fresh commitment to jobs and growth in the wake of the dismal financial outlook.
]]> Many commentators, however, are stating that the crucial bills, including a new enterprise bill and a treasury bill aimed at reforming banking, will not go far enough to create any significant growth.Gavin Kelly is chief executive of the Resolution Foundation, a think tank.
"They will be looking for ways of showing how measures in the Queen's speech will help ease the squeeze on living standards, but anything they can come up with is likely to be small beer compared with the scale of the challenge," said Mr Kelly.
One of the major problems the coalition is facing is the need to trade-off on certain legislative proposals. So whilst the Conservatives have pledged a deregulation agenda aimed at stimulating new employment, there will also be provisions for making businesses more 'family friendly' which could result in more bureaucracy for small firms.
John Cridland is the director general of the Confederation of British Industry.
"If anything, most of the bills expected will add to the regulatory burden," he said.
The compromises made within the coalition will probably mean that many proposals suggested by one of the parties will not make it into the Queen's Speech. A pledge to spend 0.7% of GDP on aid is likely to be dropped to appease right-wing Tories, whilst a shakeup of higher education is likely to be shelved to appease Liberal Democrats battered by the policy of raising tuition fees for university students.
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Read more on the story (The Guardian)
]]>The reports contents, if proven, demonstrate that in many cases the companies may even be breaking the law.
The new report is by AbilityNet, a charity which surveys the web to assess the accessibility of popular websites for disabled users. The charity also helps disabled users to get the most from their online experience.
]]> AbilityNet's latest survey looked at price comparison websites, including confused.com, comparethemarket.com and gocompare.com amongst others.The charity tested the sites using common adaptive technologies favoured by disabled users; these include screen readers and voice recognition software. The charities report found that four of the main comparison sites scored just one star out of five in their survey. This score equates to the site "failing to meet the minimum legal requirements for accessibility".
Robin Christopherson is the Head of Digital Inclusion at AbilityNet.
"The law is clear on this issue. It is just as illegal to bar disabled visitors from accessing your goods and services online as it would be to keep them out of your shop in the 'real world'" he said.
Mr Christopherson admitted that most businesses do not commit these acts knowingly. In many cases they simply do not consider the experience of disabled users when they put websites together, something which is prohibited by the Equality Act 2010.
Pinsent Mason is a law firm which specialises in Equality law.
"If a business has a website, it should be accessible to disabled users. There are ethical and commercial justifications for this, but there is also a legal reason: if the website does not meet certain design standards, then the company could be sued for discrimination," they said in a statement.
Although the legislation came into force in 2010 very few cases have reached court. The Royal National Institute for the Blind did launch legal action in two cases recently, but both were settled by businesses before they reached court.
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Read more on the story (The Telegraph)
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