no Punishment Without Law in UK Law
Legislation
Books & Journal Articles
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Challenging behaviour: a human rights‐based approach
When the behaviour of people with intellectual disabilities challenges carers and services, complex and competing human rights issues may emerge. This article explores the human rights issues raise...
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Indeterminacy, Disagreement and the Human Rights Act: An Empirical Study of Litigation in the UK House of Lords and Supreme Court 1997–2017
This article explores the impact of the Human Rights Act 1998 on the decision making of the House of Lords (UKHL) and the UK Supreme Court (UKSC). How does Convention rights content vary across are...
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Inhuman and Degrading Punishment, Dignity, and the Limits of Retribution
The recent judgment of the Grand Chamber of the European Court of Human Rights (ECtHR) in Vinter and others v United Kingdom provides a much needed clarification of the parameters of the prohibitio...
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TINKERING WITH THE CONSTITUTION
The Noble Lie. The British Constitution and the Rule of Law. By Ian Harden and Norman Lewis.
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Law Firm Commentaries
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Unlimited fines may now be imposed by UK Magistrates’ Court Data Protection offences
Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 came into force 12 March 2015, the Magistrates’ Court has had the ability to impo......Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 came ... a criminal offence if he or she obtains or discloses personal data without the consent of the data controller. Before 12 March, a £5,000 fine cap ......
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ANY SHADE OF GREY: UK COURT RULING AFFIRMS TOUGH EU FREE MOVEMENT OF GOODS RULES
IP owners continue to get punishment dished out to them, and not on a consensual basis. A recent decision of the UK’s Court of Appeal has reviewed the rules that dictate when parallel (or “grey”)......IP owners continue to get punishment dished out to them, and not on a consensual basis. A recent decision ... that the fact that D’s product could access 90% of the market without rebranding meant that it had effective access. However, the Court of ......
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Litigation Funding: A Possible Return of the Damages-Based Agreement
In July 2018, the U.K. Ministry of Justice (MoJ) published its initial assessment of the post-implementation review (PIR) of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012......... review (PIR) of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which is currently being undertaken. The ... form of funding to increase options available to litigants without driving up costs. They were introduced by section 45 of LASPO with effect ......
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Maximum Fines Available To Magistrates To Increase The Impact On Organisations?
...... is the Government's view that financial penalties, set at a level without the current maximums, are an effective way of deterring and punishing e. One of the aims of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the Act) is to remove elements of the law that ......
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