Weekly Notes: legal news from ICLR, 21 October 2019

The legal has landed: Singapore’s futuristic Supreme Court.

ICLR News

The hard cell.

Public law

“This move by the Met is an unprecedented attempt to curtail peaceful protest. In response to this, we have taken the first steps towards a judicial review — our lawyers have delivered a ‘Letter before Action’ to the Met and asked for an immediate response.

“This erosion of democracy is an assault on our fundamental right to protest…It is during these moments that we must seek strength through coming together.”

“Should the Commissioner seek to defend this proposed claim our clients seek, by way of pre-action disclosure, all documents including risk assessments, minutes of meetings and correspondence (within the MPS and with third parties) which the Commissioner and those acting under her direction and control have considered in connection with the MPS decision to impose the purported s.14 condition under challenge. Such documents should include those upon which the Commissioner relies both in relation to the necessity and proportionality of imposing the conditions and the methods by which they have been communicated to their intended recipients.

Please also confirm the time at which the purported condition was imposed, the methods by which the purported condition have been communicated.”

Media

“While changes to the regulatory system that empower the regulator at the expense of industry control are to be welcomed, the cumulative effect of these changes in most cases does not translate into IPSO satisfying the recommendations set out following the Leveson Report, and do not ameliorate the extensive control the industry can exert through the Regulatory Funding Company and through those aspects of the IPSO Articles and Regulations that present extremely high hurdles for standards investigations and which allow publications to repeatedly intervene in the investigations process. Though outside the scope of this analysis, IPSO’s inability to implement a single standards investigation over five years of operation is one additional key indicator of its lack of regulatory powers and independence.”

Banking

“Fife Council, in Scotland, was supposed to pay the man £59.95 a week, but accidentally paid £59,395 per week instead — and didn’t notice until around £297,000 was paid out. … This is a spectacular example of a butterfly-effect typo; and Irish Legal News has another example today: a judge calculating a half-billion dollar damages award typed $107 million rather than $107 thousand into his calculator.”

“the recipient of a mistaken overpayment must has a duty to make restitution of the mistaken payment; otherwise, retaining and spending the money could result in prosecution for theft.”

Legal Professions

“Remember that you are bound by Core Duty 5 not to behave in a way which is likely to diminish the trust and confidence which the public places in you or the profession at all times.”

“You should also bear in mind your duty to keep your client’s affairs confidential (CD6).”

“Ultimately, though, a professional who behaves online as they would in real life is unlikely to bring their profession into disrepute. Nor does it diminish public trust and confidence to be identifiably a normal human being, who sometimes swears and says dumb things, who does ordinary stuff outside of court, and who doesn’t talk on Twitter as if they were addressing a judge. And those who get the most out of social media and who give the most to the legal and wider communities do all of those things.”

Tweet of the Week

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