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13 August 2021 / Nicholas Dobson
Issue: 7945 / Categories: Features , Public
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Norman v The United Kingdom: a wilful neglect of duty?

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Despite recent criticism, the offence of Misconduct in Public Office can hold its own under rigorous judicial scrutiny, as Nicholas Dobson reports
  • There was no violation of Arts 7 or 10 of the European Convention on Human Rights when a prison officer was convicted and sentenced for providing prison information to the press in return for payment.

What is the role of a prison officer? Does it involve or allow passing on to the press for payment information obtained in the course of the officer’s duties? Er, no. For, according to the government, a prison officer is ‘responsible for supervising and managing prisoners decently, lawfully, safely and securely, ensuring that the routines of the prison operate effectively’. And to assist with this, s 8 of the Prison Act 1952 provides that: ‘Every prison officer while acting as such shall have all the powers, authority, protection and privileges of a constable.’

According to Keene J in the High Court in Secretary of State for the Home Department

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NEWS
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

The Financial Conduct Authority (FCA) has become ‘a very different organisation’ under its new enforcement leadership, writes James Tyler, of counsel at Peters & Peters LLP, in the latest issue of NLJ
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament
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