I came across this on another blog and really liked the idea.

IRREPRESSIBLE.INFO is an Amnesty International campaign, which highlights Internet censorship across the globe.

From the site:

"Chat rooms monitored. Blogs deleted. Websites blocked. Search engines restricted. People imprisoned for simply posting and sharing information.

"The Internet is a new frontier in the struggle for human rights. Governments - with the help of some of the biggest IT companies in the world - are cracking down on freedom of expression."

As you may have noticed at the foot of the right hand column, the site allows you to post a widget on your own website, which displays a random selection of snippets from websites and blogs which have been censored somewhere. The campaign site invites you to "undermine unwarranted censorship by publishing censored material from our database directly onto your site". Count me in!

You'll have to excuse me while I go and lie down for a bit ... I suddenly feel quite ... seditious (and I think I like it).

Labels: Freedom of Information, Human Rights, News

The 83 year old protester who was stopped and searched under the Terrorism Act for wearing an anti-Blair t-shirt has had his complaint against police upheld.

John Catt was searched by police at the Labour Party Conference in 2005 in Brighton armed with nothing more dangerous than a sketch pad and felt tip pens.

Three years later, the Independent Police Complaints Commission has upheld his complaint that Sussex Police acted unlawfully by using the Terrorism Act to stop him.

Labels: Human Rights, News

The UK government has launched a consultation on the Electronic Communications Data Retention (EC Directive) Regulations. Responses should be sent by 31st October by e-mail to commsdata@homeoffice.gsi.gov.uk or by post to Andrew Knight, Home Office, 5th Floor, Peel Building, 2 Marsham Street, London, SW1P 4DF.

See A consultation paper: Transposition of Directive 2006/24/EC or "Final phase of the transposition of Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC." for more detail.

Labels: European Law, News, Privacy

The Scottish Government has stepped in to safeguard advocacy services for parents of children with additional support needs (ASN).

The two main voluntary services that support and represent parents in Scotland challenging their child's ASN educational provision are to receive £110,000 to assist them with this work over this financial year.

Children's Minister Adam Ingram said:

"The Scottish Government wants all our children to receive an education that maximises learning and encourages development. This is particularly relevant when a child has additional support needs to be considered.

"Most local authorities are doing an excellent job in meeting these needs, however there are occasions when a parent disagrees with the approach or education provision that their child is receiving.

"The ASN Tribunal plays a vital role - listening to the two parties and finding a solution that is in the best interests of the child - and it is crucial that parents continue to get the necessary support."

ISEA (Independent Special Education Advice) Scotland will receive £60,000 to continue providing advocacy support and representation for parents at Additional Support Needs Tribunals for Scotland (ASNTS).

Govan Law Centre will be given £50,000 to fund a six month project to build up the voluntary sectors' capacity to support parents at ASNTS. They will also make recommendations on how the Scottish Government can enhance this provision from the voluntary sector in the longer term.

Mr Ingram added:

"For a parent, representing their child at a tribunal hearing can be very difficult, therefore the representation services provided by the ISEA and Govan Law Centre are invaluable.

"The funding announced today will allow these services to develop their support and provision, while longer term we are giving careful consideration to how we can further improve advocacy support to parents at ASNTS."

Under the Education (Additional Support for Learning) (Scotland) Act 2004, local authorities have a duty to give extra help to all children and young people who require additional support with their learning. ASN Tribunals hear and decide on appeals by parents over the co-ordinated support plans education authorities have in place for these children, who often need support from a range of services due to complex or multiple factors.

ISEA Scotland's main grant funder, the Big Lottery Fund, did not renew its grant this year and Ministers have intervened to allow the organisation to continue. The funding will run until the end of March 2009.

Govan Law Centre will provide training and mentoring in ASN legislation and procedure to existing advocacy groups and make recommendations as to how to best address the need for representative advocacy at ASNTS across Scotland.

Labels: Education Law, Law Centres, News

As reported in the Herald today (Court ruling punches a hole in Scottish class size policy) and following on from our earlier Primary School Maths post, another Sheriff Court case casts doubt over the whole class sizes malarky.

In the case of KJD & SED v. East Lothian Council Sheriff Alan Miller (who, in his spare time is also the Scottish Human Rights Commissioner and a convener for the Additional Support Needs Tribunals) found that the "excepted pupils" provisions in the guidance meant that essentially every placing request appeal on class size limits must be granted, up to a maximum of 30 - in fact, probably all the way up to 33.

Some much needed light may soon be cast upon the whole murky affair, as East Lothian Council have lodged a petition for judicial review and seek to challenge the Sheriff's decision. The case is due to be heard in early September.

Unless the Court of Session is prepared to adopt a very generous interpretation of the Regulations and guidance, it is becoming increasingly clear that fresh legislation will be required on the matter.

A peculiar one this, but if it's true then never again will I scoff at the requirement to run money laundering checks on clients who seem unlikely candidates for organised criminals. It seems even our four-legged friends are getting in on the act!

Blogger on the "War on Terror" Minstrel Boy makes the following claim about the 2005 London "7/7" bombings, which I reproduce exactly for you to make of what you will:

"After the July 2005 London transit bombings, police knocked on the door of a sheep farmer in Scotland to inquire about a livestock deal gone sour. The farmer, Blair Duffton, confirmed that he had lost more than £200,000 when he sent several truckloads of sheep to a slaughterhouse in Leeds, England, but never received payment.

"The slaughterhouse specialized in halal meat, or food prepared according to Islamic law. Detectives informed Duffton that the person who had stiffed him for the sheep was an associate of Shehzad Tanweer, one of three bombers who had lived in Leeds.

" "I almost went bankrupt," Duffton recalled in a telephone interview. "I couldn't believe it when they told me that this might have been connected to terrorism."

"British authorities have not commented publicly on the sheep scam or said if any of the proceeds were used to finance the attacks. Three men accused of providing support to the suicide bombers are currently on trial in London."

Labels: criminal law, News

A decision of the Inner House in the case of WA's Legal Representative v. The Highland Council 2008 CSIH 51, considers the role of the Additional Support Needs Tribunal for Scotland.

WA had been refused a Co-ordinated Support Plan (or CSP) and appealed to the Tribunal against this refusal. WA's parents had also requested that assessments be carried out and it appears that the Highland Council had not properly responded to said requests, in terms of Section 8 of the Education (Additional Support for Learning) (Scotland) Act 2004.

The Tribunal found in favour of the Council and the parent appealed to the Court of Session, arguing that "the Tribunal had misdirected themselves in law in failing to ensure that they or the respondents had the information necessary to ascertain WA's additional support needs". Lords Carloway, Eassie and Reed disagreed, holding that in view of the Tribunals expert status, it had been entitled to make the findings it had in refusing WA's appeal.

Labels: Children, Education Law, News

KansasCity.com reports that a woman in Kansa, USA was ordered to serve three days in jail after a judge found her in contempt of court for inappropriate dress.

Kirstie Arnold, 28, wore short shorts in court before Garrard County District Judge Janet Booth. Booth had warned Arnold about her clothes in two previous court appearances, and in the last appearance had fined Arnold 50 dollars.

Booth ordered her to serve the three days "for disregard and disrespect for court proceedings."

Labels: Just for Fun

The Sunday Mail reports that prosecutors will be retrained to improve Scotland's appallingly low conviction rate for sex crimes - one of the worst rates in the western world.

The Sunday Mail blames the figures on inexperienced prosecutors and victims' lack of confidence in the system.

However, by next summer, fiscals will only be allowed to handle rape cases once they have approved training. The two-day course is said to offer refresher training on rape law and will teach lawyers how to support victims. It will include discussions with forensic examiners, senior police officers, victim support workers and High Court prosecutors.

The Lord Advocate Eilish Angiolini is reported as saying: "This training is a vital part of ensuring there is a professional, determined approach to gathering evidence and bringing prosecutions before the court."

The latest figures for Scotland show convictions for rape have dropped to an all-time low of 2.9 per cent. In both Tayside and Dumfries and Galloway the rate was zero.

Sandy Brindley, of Rape Crisis Scotland, is quoted as saying: "The development of this course is an important step in improving responses to rape."

Labels: criminal law, News

A concerning post on William Beck's "SCCRC Deny Justice" website. (Worth visiting if only for the Billy Joel soundtrack!)

By all accounts, Mr. Beck has been informed by the Scottish Criminal Cases Review Commission that in revealing Jurors' Names and Addresses to him (I assume these are same jurors who once tried and convicted Mr. Beck?) they have acted properly as the information is "in the public domain" being held by National Archives of Scotland.

I imagine that this will be both a surprise and a matter of concern for anyone called as a juror. In the meantime, Mr. Beck has taken SCCRC at their word and posted the juror's names and addresses on his Flickr page.

Labels: criminal law, News, Privacy

Tech blawg, Naked Law features some interesting questions on recent cases which have given guidance on who has the rights to a profile on social networking sites.

In some cases, it seems, your profile if used in the course of your employment might not belong to you but to your employer. You (and Facebook) have been warned!

Labels: Employment Law, News

Jonathan Mitchel QC brings us news that Instruct Us Now Ltd are not flavour of the month with the Faculty of Advocates.

His blog entry "Instruct Us Now Ltd" Faculty ban on instructions includes the comment "It is not wholly clear, at least to me, what the point of instructing counsel via an unqualified intermediary might be ... Unless anyone can explain otherwise, it seems obvious that somebody has to pay for the additional middleman, and ultimately that will be the client."

That's them told, then!

Labels: News

Mike Dailly, principal solicitor at the Govan Law Centre, is travelling to Cameroon next week to provide legal assistance to a human rights project.

He will work as a legal adviser in Cameroon alongside an African Human Rights Commissioner.

Mr Dailly, who has recently expanded the Law Centre project to include the Govanhill area, has an extensive track record in assisting in social welfare reform and expanding the rights of disadvantaged individuals under the law.

Good luck and God speed, Mike!

Labels: Human Rights, Law Centres, News

News of an impressive brace of court victories in placing request cases for the Govan Law Centre was reported far and wide today. Thank you - you're very kind.

Court case throws key policy on class sizes into chaos (The Herald)
Why class sizes are the new West Lothian Question (The Herald)
We felt it was unfair because we couldn't get into the school (The Herald)
Landmark case "could jeopardise class size plans" (ATL - the education union)
Mother wins case to send child to school of choice (Scottish Legal)
Court action casts doubt on class size policy (The Journal Online)

So, three cheers for the Education Law Unit!

Labels: Children, Education Law, Law Centres, News

No, it's not the Olympics. Scotland is celebrating another golden prize, as news reaches us from the Scotch Whisky Association (SWA) that the People's Republic of China has agreed to register "Scotch Whisky" as a trademark.

Following an SWA application, the Chinese Trade Mark Office under Administration of Industry & Commerce (AIC) has agreed to protect "Scotch Whisky" as a Geographical Indication (GI) by registering it as a "collective trade mark". As a result, there will be nationwide official protection of the description "Scotch Whisky" and its Chinese translation. It is the highest level protection granted by the Chinese government to a foreign spirit drink as a Geographical Indication (GI) in China.

Scottish distillers will now be able to take more effective legal action in the Chinese courts to ensure that only whisky made in Scotland is sold as "Scotch Whisky".

The SWA reports that the equivalent of 17 million bottles of Scotch Whisky were shipped to China in 2007. Yet in 2006 alone, the SWA and Chinese authorities jointly investigated around 50 suspect products, with stocks subsequently seized and destroyed.

In related news, the Social Travellers Site is reporting that "In Scotland, it will be legal for adults to buy drinks for minors in 2009.". Good news for minors with a taste for Scotch Whisky, but are we sure that this is correct? Anyone know any different?

Labels: Children, IP, News

I learn, from no lesser source than the online Belfast Telegraph that the European Court of Justice has decided in principle that the French government has a right to ban the energy drink Red Bull.

The article states that a study by the French Scientific Committee on Human Nutrition concluded Red Bull contained excessive caffeine. It also raised concerns about taurine and glucuronolactone.

It continues: "The European Commission's Scientific Committee on Food conducted a study last year, and found that while caffeine levels in energy drinks were safe, more studies were needed to assess the dangers of taurine and glucuronolactone. While other toxicology experts had concluded that the caffeine levels in Red Bull are safe, France had a right to ban the drink on the advice of its own experts, the court said."

"The fizzy drink has been linked to several deaths and some experts have criticised its high levels of caffeine and other stimulants."

The advertising claim that Red Bull "gives you wings" was presumably not intended to refer to angelic wings.

Labels: European Law, Health and Safety, News

Indian blawg legal cell (tagline: THIS BLOG IS FOR ALL THE LAW STUDENTS, LAW TEACHER, ADVOCATES AND LEGAL ADVISORS.) has collected an almost useful list of Constitutions of the World.

As well as apparently confusing the constitution of Great Britain for that of Eritrea (easy mistake to make), Ravi (the site's author) is getting a little ahead of himself. Under the heading "the Constitution of Scotland" is a link to the Wikipedia page for the SNP's Policy Paper "A Constitution for a Free Scotland" dated September 2002. Perhaps Ravi knows something the rest of us don't?

PS. aside from these minor quibbles, it's actually quite a useful wee list of links.

Labels: News

Patrick Layden QC will be appointed as Commissioner to the Scottish Law Commission, with effect from September 1, 2008. Mr Layden replaces Professor Gerry Maher, whose appointment ends on August 31, 2008.

Also, we hear news from Milne Media that one Doreen Graham of the Scottish Society for the Prevention of Cruelty to Animals, is to be appointed as Head of Communications with the Scottish Legal Complaints Commission.

Perhaps her press releases will be drafted with a view to preventing cruelty to "legal eagles"?

Labels: Law and Ethics, News

Graham Spiers, writing for the Times Online, reports that Rangers Football Club may soon settle an employment law dispute with 20 former employees over redundancy packages. The case will be heard by an employment tribunal in September, and concerns the agreement that Rangers entered into in March 2006 with JJB Sports over Rangers replica strips and other merchandising, resulting in nearly 200 club employees losing their jobs.

The deal meant the closure of 18 Rangers shops and the redundancy of almost 200 employees. The case appears to turn on how much information Rangers shared with their employees - under employment law, employers are required to consult timeously with their staff about collective redundancies.

One of the staff affected described the redundancy deal offered at the time as "derisory". The anonymous former employee is further quoted as saying: "It was totally insulting, what happened to us. I'm a huge Rangers fan, I'd worked for the club for many years, and I was astounded by the way the JJB deal was handled by the club. Like others, I felt angry at the way Rangers treated those of us who had helped to make their retail arm such a success."

The 20 former Rangers employees who are suing the club are represented by the GMB in Scotland.

Labels: Employment Law, News, Sports Law

Some interesting thoughts on a Scottish independence referendum in this post on the Little Man in a Toque blog. Describing Scotland's membership of the United Kingdom as "conditional" rather than "integral and perpetual", the question is posed: how many referendums (referenda?) would be required to effect independence?

Would there be a requirement for one to begin negotiations (a side issue: with whom would Scotland be negotiating, the United Kingdom? England? England, Wales & Northern Ireland?) and another on the concluded terms of those negotiations?

For what it's worth, it seems to me that there would need to be a second plebiscite, otherwise the first would be the constitutional equivalent of signing a blank cheque.

Labels: Scottish Parliament

I'm off to Aberdeen all next week, so there probably won't be much in the way of updates here, 'til the weekend at least.

Wish me luck ...

Labels: site updates

Kenneth Williamson, the owner of a neighbour nuisance cockerel, was back in Court on Friday. He admitted failing to comply with a court order, issued in November 2007, to prevent it crowing early in the morning.

The five-year-old bird, known as "Charlie" was to have been kept in a lightproof shed, but Mr. Williamson had failed to construct the new dwellings on the correct site. In so doing, he breached the breached the Civic Government (Scotland) Act. Scottish Borders Council had previously applied to Selkirk Sheriff Court for an anti-social behaviour order on the bird, but the current action was raised by neighbours.

Mr Williamson is due to be sentenced on 4th September 2008, but is unlikely to be given a custodial sentence, thereby making him a jailbird!

Labels: News

With the Scottish Premier League kicking off on Saturday 9 August, Strathclyde Police has teamed up with partners across North Lanarkshire to launch a poster campaign aimed at tackling discrimination and hate crime: "We're On The Ball."

Posters will be displayed in public places across North Lanarkshire and will help reinforce key messages of the nation-wide "Show Racism the Red Card" which campaigns against racism in football and society.

But it's not just about racism. The "We're On The Ball" campaign will highlight the fact that discrimination and hate crime might not just be on grounds of race alone; it could also be about age, disability, gender, religious belief or sexual orientation.

The posters, which have been designed by officers from the community safety department at Wishaw, will encourage local communities to report any incidents of this type to the police (via their local police office or the online reporting facility at www.strathclyde.police.uk) or to North Lanarkshire First Stop Shop.

The campaign is backed by North Lanarkshire Council, NHS Lanarkshire, Strathclyde Fire and Rescue, Broadwood Stadium Management, Show Racism the Red Card, Crimestoppers and the four senior football clubs in the area - Motherwell FC, Airdrie United FC, Albion Rovers FC and Clyde FC.

Crime Reduction Officer Dougie Denholm from Wishaw Police Office hopes that the posters will make people think twice about their actions and how they treat others. He said:

"As football is such a huge passion for so many people in the West of Scotland, we thought that it would be a good idea to base the posters on a football theme."

"Football is a marvellous medium for delivering such an important message to local communities and we are therefore extremely thankful that all four senior football clubs in North Lanarkshire are supporting our work."

Labels: criminal law, Discrimination

You may not have known it, but there is already a legal limerick on Absolvitor: Scots Law Online - which was quite a hit on Wikipedia for a while.

So, when I came across a dedicated "absolvitor" limerick, I knew I just had to share:

The absolvitor limerick, by Chris Young

The defender now seeks a decree
Of absolvitor, granting "that he
Be absolved". I ask, coyly,
The court to assoilzie
My client and let him go free.

This limerick was found on the Omnificent English Dictionary In Limerick Form (OEDILF) website.

Labels: Just for Fun

A warm welcome to the most recent firm to be added to our Law Firms Directory. Greenfox Solicitors from Wick specialise in residential conveyancing and are one of the few firms in Scotland to be named after a fictional animal. Nice logo, too!

Labels: site updates

Morag Driscoll, director of the Scottish Child Law Centre has slated plans to "streamline" the children's hearings system. The Herald reports her concerns that amalgamating reporters, safeguarders and panel members is to undermine "essential legal distance".

She is quoted as saying: "We would never do this in an adult system of justice - it would be regarded as unacceptable. The equivalent would be amalgamating a district court with the procurator fiscal and the social workers who provide the reports."

"The safeguarder is often the only person putting the child's view, .. That is often a child whose life experience has been being let down by every adult in sight. They don't trust easily. Under these plans safeguarders won't be independent and they must be. I think many safeguarders would flatly refuse to do it."

"We have a unique system. It is not perfect but it is a darn sight better then what happens in many other areas and we jeopardise it at our peril. Would you ever do this in adult system of justice? Why are children always getting the cheap end of the stick?"

Labels: Children, Law Centres, News

Liberal Democrat Councillor Fraser Macpherson, of Dundee City Council has been in talks with a senior Council legal officer regarding the viability of a legal challenge to the decision to close four Dundee Post Offices, he revealed in the pages of his own blog.

Cllr Macpherson is quoted as saying, "I believe the so called consultation process over the closure proposals was little more than a sham..."

"I think the consultation process was fatally flawed, partly in relation to the inappropriately short consultation period of just six weeks. Although the Greater London Authority's recent attempt to force judicial review in relation to London Post Office closures was rejected by the High Court, what has become clear is that the Cabinet Office's own guidance states that 12 weeks minimum is good practice for public consultations and therefore Post Office Limited's six week consultation falls far short of such good practice.

Absolvitor: Scots Law Online will continue to follow this matter with interest, but notes (for the time being) that many of the complaints regarding the consultation which would be raised by Dundee City Council as part of any judicial process are exactly the same things which the good people of Scotland say about local authorities' own consultations on, for example, school closures. And what's good for the goose ...

Labels: News

The United States Congress passed legislation on Friday that allows Libya to settle all pending lawsuits by victims of terrorism. Under the arrangement, Libya will place money into a fund to compensate victims and their families, including those who have not already been awarded compensation in connection to the 1988 Pan Am bombing over Lockerbie.

Libya is to provide about 800 million dollars for compensation into the fund to settle existing lawsuits and will, in return, be immune from any further legal action.

The agreement is a key part of Libya's rehabilitation into the United States' good books which began in 2003 with an agreement to surrender all of its weapons of mass destruction programmes (Libya's, not the United States').

However, not everyone is happy with the proposal. In particular, the US law firm Crowell & Moring LLP represents a number of families who have already obtained judgements against Libya in the total sum of Six Billion Dollars. Said judgements are effectively overturned when the new law, the "Libyan Claims Resolution Bill", comes into force with President Bush's signature.

Labels: News

The World Socialist Web Site (no, really) poses the question, in the light of the Glasgow East bye-election (sic), "just how long it will be before Tommy Sheridan joins the Scottish Nationalist Party?"

Citing recent public comments made by Mr. Sheridan as an attempt to woo the Scottish Nationalist Party, the author of the piece, Steve James, claims "He [Sheridan] clearly has aspirations to revive his parliamentary career. Initially, he is attempting to do that by aligning Solidarity as close as possible with the SNP and, should circumstances allow, by joining it and acting as its left face."

As we know from recent experience, Mr. Sheridan is not afraid to resort to litigation and therefore, I'll be extra careful with what I say. I must confess, my first reaction was that of surprise and disbelief. Then I had a quick peek at the Solidarity website, only to discover that the home page leads with a quote from Mr. Sheridan which begins: "This is a historic victory in Glasgow East for the SNP and I congratulate John Mason. Let us be clear it is a victory for a party to the left of Labour."

Labels: News, Scottish Parliament