Posted by: Chad in Legal Issues on April 10th, 2014

HRW criticised UK immigration laws, especially citations regarding foreign domestic worker visas, because it facilitated the abuse and exploitation of foreign domestic workers. According to HRW’s report on UK foreign domestic workers, many have their visas withheld by their employers, including their pay, and are forced to work for many hours with little to no pay.

Interviewees said that their employers have physically, emotionally and sexually abused them and threatened to have them deported if they told authorities or anybody about their situation. Many foreign domestic workers, mostly from Asian and African countries, coped with such suffering to deliver much needed financial help to their families in their respective countries.

Observers have also criticised the new Anti-Modern Slavery Laws passed by UK MPs because it did not cover foreign domestic workers and did not address having workers a multiple-employer visa. Foreign domestic workers are “tied down” to only one employer, who could confiscate their visas.

Many immigrants have risked deportation, running away from their employers. Some have been sent back to their respective countries having failed to provide necessary identification to authorities.

According to the HRW, the new immigrant laws were unfair for many foreign domestic workers, especially because it limits their access to UK justice.

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Posted by: Chad in Legal Issues on March 31st, 2014

According to MP Robert Buckland, UK’s new “Cinderella” law will help children claim justice against abusive parents, who have always shaken-free despite their neglect and irresponsibility. According to charity group Action for Children, their campaign from 2012 to give children better rights have finally born fruit after working with countless MPs and peers.

The Cinderella law focuses on reforming an old child rights law that only focuses on the physical effects of abuse. The child rights law only focuses on virtually all physical damage a parent or an adult can deal to children. However, the existing law does not criminalize emotional or mental abuse. According to Buckland, the existing law is not enough.

Buckland proposed that the new law should provide a “clear and workable definition of child maltreatment that reflects the range of harm done to the children.” He said that it should outlaw emotional neglect, which includes verbal abuse, intentional or unintentional abandonment, or the parent’s lack of fulfilling their family responsibilities, which include spending a specific amount of time with their children per day.

Buckland said that if the law remains as is, it can have negative long-term effects on UK’s social development. These can affect the UK’s productivity in the future, as well as the younger generation’s decision-making process.

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Posted by: Chad in Legal Issues on March 6th, 2014

We all expect that the rule of law in the court will be transparent and objective based on the existing constitutional laws based on morality and public conscience. However, one court in Massachusetts clearly shows the lack of modernity in the state’s constitution by upholding the man’s reveal of a woman’s ‘upskirt’ photo to not violate anything, not even the privacy of the woman.

The story, according to a Guardian article, upheld the defendant who took photos of skirts of women riding the Boston subway on the argument that the women were not nude or partially nude.

A lower court had upheld charges against the man who took the photos of videos of women’ skirts and dresses notably their undergarments. The Supreme Court overruled the decision, which had Beacon Hill lawmakers to pledge to change and modernize the law.

According to the lawmakers, the existing law only protects people in dressing rooms and bathrooms when nude or partially nude, but it does not protect clothed people in public areas. According to the court, not anybody wearing a skirt, dress or the like covering specific parts of her body is considered partially nude.

The Supreme Court of Justice said that it recognizes such conduct to be a form of misbehaviour and illegal, but they are not because of the way state law is written.

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Posted by: Chad in Law on February 17th, 2014

A great chunk of tax, about £2 billion a year, goes to legal aid, which allows taxpayer money to provide barristers, solicitors and other law professionals partial fees, which makes access to the law faster and swifter for people. This also allows reputable claims management companies such as NoWinNoFeeAdviceLine to provide no win no fee claim services for people with injury claims.

Apparently, the UK government plans on cutting the spending of £2 billion yearly by £250 million. Many legal personnel are protesting this because it can affect the quality of legal representation and access in the United Kingdom. However, MPs are saying the effects of the cuts will be very minimal in the entire industry.

In a ‘compensation culture’, which the United Kingdom has right now, it is possible to demand compensation from any construction company who happens to injure even just the skin of your body. Such a case is equivalent to £2000 if proven properly, including pain and suffering. Cutting the budget would reduce petty cases like these, but it also has its consequences.

The appearance of petty cases is a gauge that the UK legal system is working for the people and not just for certain individuals. If this is gone once the legal aid cuts come in, it could mean that only those in the middle to high classes in society will afford the legal help they need.

Posted by: Chad in Legal Issues on February 3rd, 2014

The European Court for Human Rights or ECHR is the last guardian of people who fell victim to many human rights violations either by an individual, companies or criminals. Privacy is declared by international law a basic human need, and defamation is punished by law sternly. However, the ECHR’s previous rulings are impeding on individuals’ and medias’ freedom of expression cases.

I’ve read this in the article here regarding Hugh Tomlinson QC’s reaction regarding the previous rulings of the ECHR are “hampering investigative journalism” in Europe.

Freedom of expression involving investigative journalism can lead journalists to the boundaries of privacy. But in most cases, parties involve agree to expose their own privacy to a certain degree that the journalist can compensate.

However, declaring a person’s fame to be a factor in a human rights defamation case is downright wrong. Speaking in a professional point of view, I would say that a person’s fame has nothing to do with defamation. If the data found by another person is true, then it is true. If it isn’t, then the case can be considered defamation, especially if the other person bred a “media circus” around a falsely-founded issue.

These new criteria of the ECHR could make for ironic twists if they will not change these in the future. Tomlinson was right; the way the information is obtained and the fame of the person have no relevance.

Posted by: Chad in Legal Issues on January 2nd, 2014

Colorado and Washington are the two US states first to declare recreational marijuana as legal. However, experts are concerned about tangled laws. The Controlled Substances Act of 1870 declares that anybody in possession of marijuana, including those who manufacture or sell it, are considered criminals.

According to experts, it names those who use the drug as law-abiding criminals. They said that it was law-breaking done with state regulation and licensing.

Marijuana became legal when Deputy Attorney General James Cole issued a memorandum that advised federal authorities about how to respond to state-permitted marijuana trade, which effectively allowed manufacturers and buyers free trade without having any legal consequence.

Cole had made clear that eight “enforcement priorities” authorities had to make sure buyers and sellers observed to prevent the smuggling of the drug across borders and falling into the hands of cartels and organised crime groups.

It was in 2011 that authorities issued a clarification on licensing marijuana for licensed medical use. Authorities still considered online advertising of the drug as outlawed because it enticed minors to use the drug.

Other unresolved problems about marijuana include employers having the right to sack people who make use of legally-purchased marijuana. Authorities could still consider criminals under parole consuming marijuana to have violated their conditions.

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Posted by: Chad in Legal Issues on December 17th, 2013

The United Kingdom’s strict immigration policies had left the Archbishop of Westminster Vincent Nicholson to comment on the contradicting policies a government who claims to support and value the family had imposed. According to the Archbishop, the new rules are “inhumane” and are splitting apart families.

In reality, the UK government had anticipated that at least 17,000 UK families may be split because of having illegitimate partners.

The new rules indicate that British partners who earn more than £16,000 will be qualified to introduce a non-EU partner in the United Kingdom. The partner must have permanent residence in the country for five years before the government grants them citizenship.

According to a leaked official Home Office document, the government plans to cut down at least 30,000 from the 106,000 a year immigration of people from different countries in the world.

The UK is also concerned about the new EU countries who have a poor start having access to the UK’s network. According to British Prime Minister David Cameron, the new rules will ensure that the new EU countries are first qualified by having at least 75% of UK’s GDP before they are admitted into the country.

According to Hungary’s EU Commissioner for Employment Lazlo Andor, the UK’s new immigration laws are “very selfish and xenophobic”. The UK’s new immigration laws, which may help contribute to its market and economy, also weakens the EU’s spirit of unity.

Posted by: Chad in Legal Issues on November 20th, 2013

The Justices in Texas are sharply split on the subject of removing the abortion law in the state, but the law remains upheld by the court after opponents said that a third of the state’s abortion clinics had stopped providing abortions for women. The justices voted 5-4 to uphold the right of women to have an abortion in Texas

Justice Stephen Breyer said that he expected the issue to return to the Supreme Court after it is heard in the Court of Appeals in New Orleans. The court would hear the arguments of the dissenting justices and the law will remain in effect until the Justices resume to hear about it again.

In the early hearings of the Texas legislature, a trial judge said that blocking the law was blocking the woman’s right to want an abortion. However, three judges overruled the judge on the basis that it would only have women go through more effort to obtain an abortion, but it will not end the procedure or revoke the right.

Planned Parenthood and other Texas abortion clinics said that the measure meant that it would stop a third of the clinics in the state to stop their abortion services. They said in just a few days after the injunction’s lift, one-third of Texas’ facilities for abortion had stopped providing proper healthcare for women and others were forced to reduce the numbers of patients receiving care.

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Posted by: admin in Law on October 17th, 2013

Many Nigerian musicians faced great danger in the loss of profits and copyrighted work as some companies do not reward artists for the use of their media. The problem had been on for many years in Nigerian history. However, the Copyright Society of Nigeria or COSON had promised artists that their works will be protected against the abuse and exploitation of local organisations.

The Head of COSON’s communications, media and strategy Chibueze Okereke said that it will take legal action against organisations who continue such practices that deter the right of Nigerian artists. Copyright infringement is a serious crime according to Okereke and may mean the loss of product copyrights rightfully owned by the artists.

COSON said that the action from their organisation against media companies had been long too late, but it said that it will firmly follow its resolve in ensuring that all organisations obey the laws regarding copyrights to prevent costly legal action against such organisations.

Nigeria’s Laws of the Federation in 1990 had firmly stated that copyrights belong to the artist and any replication or use of the item should be with permission from the artist. However, because of the lack of a regulating and enforcing body, many original music from Nigerian artists have been used indiscriminately by local Nigerian media.

Posted by: admin in Finance on October 1st, 2013

The Financial Conduct Authority said that the results of its investigation were disappointing as 12 out of 18 firms had failed to comply properly to refunding mis sold PPI to customers. The FCA estimates the 18 firms responsible for 16% of the country’s overall mis sold PPI numbers.

One of the firms already investigated was referred to enforcement action and might possibly face a fine for their activities. The remaining 12 firms might face enforcement action or adjustment.

PPI is an insurance policy designed to help you repay a loan and mortgage but because of the manner banks sold them, they became useless throughout the United Kingdom. If you want to know your total recompense for PPI, consult with a PPI compensation calculator for more information.

The Financial Ombudsman Service had confirmed that many firms and financial companies are still “dragging their feet” in addressing PPI claims. The FOS reports that it had received a total of 266,338 PPI claims in the first two quarters of 2013. The 26% increase in claims, still in favour of customers, means banks have not adopted the example set by the FOS.

To avoid difficulty in making your PPI claim, it is highly advised that you seek help from PPICalculatorCo.co.uk‘s claims experts. Under a no win no fee basis, it is highly recommended to help you get started on your claim.

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