29/10/2013 – Current Awareness

The IALS Think Tank on Law Reform – Institute of Advanced Legal Studies

Posted October 29th, 2013 in consultations, Law Commission, news, universities by sally

“The IALS Think Tank is an initiative aiming to collect the valuable expertise of the many Fellows and staff of the IALS, invite proposals for law reform, selecting the most appropriate one, offering feedback and advice for its refinement, endorsing the final product, and submitting it to the Commission in time for its consideration in the public consultation for its programmes.”

Institute of Advanced Legal Studies, 22nd October 2013

Source: www.ials.sas.ac.uk

BAILII: Recent Decisions

Posted October 29th, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Orwell v Salford Royal NHS Trust Foundation [2013] EWHC 3245 (QB) (28 October 2013)

High Court (Administrative Court)

YA, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3329 (Admin) (28 October 2013)

High Court (Commercial Court)

Equitas Ltd & Anor v Walsham Brothers & Company Ltd [2013] EWHC 3264 (Comm) (28 October 2013)

High Court (Technology and Construction Court)

Brims Construction Ltd v A2M Development Ltd [2013] EWHC 3262 (TCC) (28 October 2013)

Wm Morrison Supermarkets Plc & Ors v Mastercard Inc & Ors [2013] EWHC 3271 (Comm) (08 October 2013)

Source: www.bailii.org

Strengthening the legal duties on financial professionals to act in the best interests of savers – Law Commission

Posted October 29th, 2013 in consultations, fiduciary duty, financial advice, Law Commission, news, pensions, trusts by sally

“Today [22 October] the Law Commission publishes a consultation paper reviewing how ‘fiduciary duties’ apply to investment intermediaries. The paper traces a chain of intermediaries from an individual, saving for a pension, to the registered shareholder of a UK company. It looks at the obligations of those in the chain to act in the interests of savers.”

Law Commission, 22nd October 2013

Source: www.lawcommission.justice.gov.uk

Keynote Address to The Motor Accidents Solicitors Society – Speech by Mr. Justice Foskett

Posted October 29th, 2013 in costs, news, personal injuries, solicitors, speeches by sally

Keynote Address to The Motor Accidents Solicitors Society (PDF)

Speech by Mr. Justice Foskett

The Motor Accidents Solicitors Society, 25th October 2013

Source: www.judiciary.gov.uk

Victims to tell courts impact of crime – Ministry of Justice

Posted October 29th, 2013 in codes of practice, courts, news, victims by sally

“Victims will have a louder voice in the Criminal Justice System as they are given the entitlement for the first time to read their Victim Personal Statement out in court, Victims’ Minister Damian Green announced today.”

Ministry of Justice, 29th October 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

The Sinister Side of Restorative Justice – Criminal Law and Justice Weekly

Posted October 29th, 2013 in costs, fines, news, penalties, rehabilitation, restorative justice by sally

“Restorative justice offers many benefits but is it in danger of being mishandled, asks Tracey McMahon.”

Criminal Law and Justice Weekly, 26th October 2013

Source: www.criminallawandjustice.co.uk

Chemical Weapons and the Law – BBC Law in Action

Posted October 29th, 2013 in chemical weapons, international law, news, treaties, war by sally

“In this week’s programme Law in Action charts the history of laws forbidding the use of chemical weapons, and reveals how they first emerged in India over 2000 years ago. Today, with Syria now signing up to the chemical weapons convention, could we be on the brink of abolishing chemical weapons for good?”

BBC Law in Action, 22nd October 2013

Source: www.bbc.co.uk

Human rights – coming to a private care home near you? – UK Human Rights Blog

Posted October 29th, 2013 in bills, care homes, disabled persons, elderly, news by sally

“The amendment, moved by Lord Low of Dalston and supported by Lord Lester of Herne Hill QC and Lord Pannick QC, makes clear that a person who provides regulated ‘social care’ is to be taken for the purposes of subsection 6(3)(b) of the Human Rights Act 1998 to be exercising a function of a public nature.”

UK Human Rights Blog, 28th October 2013

Source: www.ukhumanrightsblog.com

Children: Public Law Update – Family Law Week

Posted October 29th, 2013 in adoption, appeals, care orders, children, expert witnesses, interpreters, media, news, witnesses by sally

“John Tughan, barrister, of 4 Paper Buildings reviews important recent cases of which all public law practitioners ought to be aware.”

Family Law Week, 25th October 2013

Source: www.familylawweek.co.uk

Barrister to be disbarred for £900,000 fraud – Bar Standards Board

Posted October 29th, 2013 in barristers, disciplinary procedures, disqualification, fraud, news, tribunals by sally

“A public disciplinary tribunal has ordered the disbarment of a barrister for dishonest conduct following convictions for a range of fraud offences amounting to around £900,000.”

Bar Standards Board, 24th October 2013

Source: www.barstandardsboard.org.uk

Failing to inform online consumers about cancellation rights should be criminal offence, say trading standards bodies – OUT-LAW.com

Posted October 29th, 2013 in consultations, consumer protection, crime, internet, news, sale of goods by sally

“Businesses that sell goods and services to consumers over the internet should face criminal penalties if they fail to display details on cancellation rights, the Trading Standards Institute (TSI) and Association of Chief Trading Standards Officers (ACTSO) has said.”

OUT-LAW.com, 28th October 2013

Source: www.out-law.com

Wind farms, birds, and that pesky thing called the rule of law – UK Human Rights Blog

Posted October 29th, 2013 in appeals, EC law, energy, environmental protection, human rights, inquiries, judicial review, news, rule of law, Scotland by sally

“The current storms brought down a turbine in Teignmouth: see here for good pics of this and other mayhem. And the rule of law recently brought down a massive wind farm proposed for Shetland. The Scottish Ministers had waved aside a request for a public inquiry, and ended up drafting reasons which ignored the obligations in the Wild Birds Directive in respect of this bird – the whimbrel. Lady Clark quashed the consent on this ground, and also decided that the wind farmer could not apply for the consent anyway because it had not got the requisite licence which she concluded was a pre-condition for such an application. ”

UK Human Rights Blog, 28th October 2013

Source: www.ukhumanrightsblog.com

Investigations opened into vigilante murder of man mistaken for paedophile – The Guardian

Posted October 29th, 2013 in inquiries, local government, murder, news, photography, police, public order by sally

“Two independent investigations are under way into the murder of an innocent man who was beaten and burned to death after vigilante neighbours mistook him for a paedophile.”

The Guardian, 29th October 2013

Source: www.guardian.co.uk

Threats to modern democracy – why the UK should take note – Halsbury’s Law Exchange

Posted October 29th, 2013 in constitutional law, elections, human rights, news, political parties by sally

“Recent events in the US have made us all aware of the essential vulnerability of modern political and economic systems. For a while it seemed as though the most powerful economy in the world was heading towards self-destruction, owing to the failure of a small number of senior politicians to reach a consensus that would avoid such an outcome. Now that disaster has been at least temporarily averted, it seems appropriate to try to analyse how this situation arose.”

Halsbury’s Law Exchange, 28th October 2013

Source: www.halsburyslawexchange.co.uk

BSB guilty of “misleading conduct” in disciplinary case, says High Court judge – Legal Futures

Posted October 29th, 2013 in appeals, barristers, disciplinary procedures, disqualification, news, professional conduct by sally

“A High Court judge has accused the Bar Standards Board (BSB) of ‘misleading conduct’ in the way it handled a disciplinary matter that led to a barrister being disbarred.”

Legal Futures, 28th October 2013

Source: www.legalfutures.co.uk

NHS complaints procedure needs radical overhaul, report finds – The Guardian

Posted October 29th, 2013 in complaints, health, hospitals, news, reports by sally

“A revolution in the handling of NHS complaints has been proposed in a report co-authored by the MP Ann Clwyd, who has told how her own husband was treated with ‘coldness, resentment, indifference and contempt’ on his hospital deathbed.”

The Guardian, 28th October 2013

Source: www.guardian.co.uk

High Court overturns current practice when calculating one-fifth rule – Litigation Futures

Posted October 29th, 2013 in costs, news, precedent, solicitors by sally

“Costs that are disallowed for want of retainer should not form part of a costs judge’s calculations in applying the one-fifth rule, the High Court has said.”

Litigation Futures, 28th October 2013

Source: www.litigationfutures.com

Newspapers seek injunction over press regulation royal charter – The Guardian

Posted October 29th, 2013 in charters, freedom of expression, injunctions, media, news, Privy Council by sally

“Newspaper and magazine publishers are seeking an injunction to prevent the government’s plan for a new press regulation regime getting the royal seal of approval this week.”

The Guardian, 28th October 2013

Source: www.guardian.co.uk

‘Disastrous’ drop in out-of-court mediation for divorcing couples – Daily Telegraph

Posted October 29th, 2013 in arbitration, courts, divorce, legal aid, litigants in person, news by sally

“The number of divorcing couples using special out-of-court sessions to settle disputes over property and children has collapsed in the wake of legal aid cuts.”

Daily Telegraph, 28th October 2013

Source: www.telegraph.co.uk

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