New ‘watchdog’ and ‘monitor’ will hold reformed Highways Agency to account, says UK government – OUT-LAW.com

Posted October 30th, 2014 in bills, enforcement, fines, government departments, news, road traffic by sally

‘New bodies which will monitor the performance of the strategic road network and champion the needs of its users will be created as part of plans to hold a reconstituted Highways Agency to account, the UK government has announced.’

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OUT-LAW.com, 29th October 2014

Source: www.out-law.com

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Caresse Navigation Ltd v Office National de l’Electricité and others – WLR Daily

Posted October 28th, 2014 in appeals, bills, charterparties, contracts, law reports, shipping law by sally

Caresse Navigation Ltd v Office National de l’Electricité and others [2014] EWCA Civ 1366; [2014] WLR (D) 444

‘The rules which applied to the construction of contracts generally were applicable to the construction of a bill of lading and required the words of the bill to be looked at as a whole in their context. Applying that approach, a clause in the printed conditions of carriage in a bill of lading which expressly incorporated “all terms and conditions, liberties and exceptions of the charterparty … including the law and arbitration clause” had the effect of incorporating into the bill an English law and exclusive jurisdiction clause in the charterparty.’

WLR Daily, 21st October 2014

Source: www.iclr.co.uk

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Standard Chartered Bank v Dorchester LNG (2) Ltd – WLR Daily

Posted October 28th, 2014 in banking, bills, carriage of goods, contracts, documents, law reports, shipping law by sally

Standard Chartered Bank v Dorchester LNG (2) Ltd [2014] EWCA Civ 1382; [2014] WLR (D) 440

‘The expression “completion, by delivery of the bill, of any indorsement of the bill” in section 5(2)(b) of the Carriage of Goods by Sea Act 1992 meant that completion of an indorsement by delivery required the voluntary and unconditional transfer of possession by the holder to the indorsee and an unconditional acceptance by the indorsee.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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Three strikes and out? Major defeats for Government Judicial Review reform plans in the Lords – UK Human Rights Blog

Posted October 28th, 2014 in bills, judicial review, news, parliament by sally

‘Last night saw the important Report Stage consideration of Part 4 of the Criminal Justice and Courts Bill in the House of Lords. Angela Patrick, Director of Human Rights Policy at JUSTICE provides a summary.’

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UK Human Rights Blog, 28th October 2014

Source: www.ukhumanrightsblog.com

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House of Lords votes against Grayling’s plans to restrict judicial review access – The Guardian

Posted October 28th, 2014 in bills, judicial review, news, parliament by sally

‘The justice secretary, Chris Grayling, has suffered a defeat in a key House of Lords vote on his plans to curtail access to judicial review, which would have made it harder to challenge government decisions in court.’

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The Guardian, 27th October 2014

Source: www.guardian.co.uk

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Move to introduce jail time as potential punishment for UK data protection breaches stalls – OUT-LAW.com

‘Another attempt to introduce jail sentences as a possible punishment to individuals who access or disclose personal data in breach of data protection rules has stalled in the UK parliament.

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24th October 2014

Source: www.out-law.com

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Insurance surgery: A new regime – New Law Journal

Posted October 23rd, 2014 in bills, contracts, damages, disclosure, fraud, insurance, news, warranties by sally

‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’

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New Law Journal, 23rd October 2014

Source: www.newlawjournal.co.uk

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New laws to support Good Samaritans move forward – Ministry of Justice

Posted October 22nd, 2014 in bills, employment, insurance, news, volunteers by sally

‘Law changes designed to support Good Samaritans and community heroes yesterday moved a step forward.’

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Ministry of Justice, 21st October 2014

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

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Cameron takes action on terrorism funding in charity sector through new law – The Independent

Posted October 22nd, 2014 in bills, charities, fraud, news, tax avoidance, terrorism by sally

‘David Cameron has awarded extra powers and £8 million to a charity watchdog in an effort to “confront the menace of extremism” posed by bogus charities that divert cash to terrorism and other criminal activity.’

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The Independent, 22nd October 2014

Source: www.independent.co.uk

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Passport confiscation plan to stop ‘FGM’ – Daily Telegraph

Posted October 21st, 2014 in anonymity, bills, female genital mutilation, news, passports by sally

‘Government sets out new measures to combat female genital mutilation, including confiscating travel documents of girls who may be at risk.’

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Daily Telegraph, 20th October 2014

Source: www.telegraph.co.uk

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Professional bodies unite to attack “chilling effect” of judicial review reforms – Local Government Lawyer

‘The Bar Council, the Law Society and the Chartered Institute of Legal Executives have urged peers to amend the judicial review provisions in the Criminal Justice and Courts Bill, saying the measures would have a “chilling effect”.’

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Local Government Lawyer, 20th October 2014

Source: www.localgovernmentlawyer.co.uk

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New minicab law ‘would put women at risk’ – The Independent

‘Ministers will come under fresh pressure this week not to ease rules on minicabs, a relaxation that safety campaigners say would endanger vulnerable women.’

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The Independent, 19th October 2014

Source: www.independent.co.uk

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Building a super-prison for children is a terrible idea – The Guardian

‘he Ministry of Justice’s bizarre plan includes a regime of physical punishment and restraint that would be a recipe for child abuse.’

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The Guardian, 17th October 2014

Source: www.guardian.co.uk

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Internet trolls face four times longer in jail, Chris Grayling pledges – The Guardian

‘Internet trolls who spread “venom” on social media could be jailed for up to two years, the justice secretary Chris Grayling has said as he announced plans to quadruple the maximum prison sentence.’

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The Guardian, 19th October 2014

Source: www.guardian.co.uk

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Grayling gives green light for staff to use force against inmates in new jail – The Guardian

‘Chris Grayling is to defy an appeal court judgement and order that staff should be able to use force to restrain teenage inmates for “the purposes of good order and discipline” at his proposed £85m privately run “super-child jail.” The proposed rule for the justice secretary’s 320-place “secure college” comes despite a court of appeal ruling in 2008 which banned the use of force after it was linked to the deaths and injury of several children in custody, including the death of a 14-year-old Gareth Myatt.’

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The Guardian, 16th October 2014

Source: www.guardian.co.uk

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The need to reform whistleblowing laws – OUP Blog

‘“Why didn’t anyone in the know say something about it?” That’s the natural reaction of the public when some shocking new scandal – financial wrongdoing, patient neglect, child abuse – comes to light. The question highlights the role of the whistleblower. He or she can play a vital role in ensuring that something is done about activity which is illegal or dangerous. But the price which the whistleblower pays may be high – ostracism by colleagues, victimisation by the employer, dismissal, informal blacklisting by other employers who fear taking on a “troublemaker”.’

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OUP Blog, 11th October 2014

Source: www.blog.oup.com

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Revenge porn to be criminal offence with threat of two years in jail – The Guardian

Posted October 13th, 2014 in bills, blackmail, consent, internet, news, obscenity, pornography, privacy, prosecutions by sally

‘Revenge pornography – sharing sexually explicit images of former partners without their consent – is to become a criminal offence punishable by up to two years in prison.’

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The Guardian, 12th October 2014

Source: www.guardian.co.uk

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Ian Cram: Penalising the googling juror? – Reflections on the futility of Part 3 of the Criminal Justice and Courts Bill (2013-14) – UK Constitutional Law Association

Posted October 2nd, 2014 in bills, crime, internet, juries, news by tracey

‘The hotchpotch of measures that comprises the Criminal Justice and Courts Bill is about to reach Report Stage in the House of Lords. The Bill sets out a panoply of new and controversial measures to deal with dangerous offenders, young offenders, drugs-testing in prisons, wilful neglect or ill-treatment by care workers, reforms to criminal proceedings (including the use of cautions), the possession of extreme pornographic images, civil proceedings involving judicial review (B. Jaffey & T. Hickman), personal injury cases and challenges to planning decisions. The adequacy of this miscellaneous approach to law reform will doubtless come under the fuller scrutiny that it deserves elsewhere. This blog takes as its focus provisions in Part 3 of the Bill which seeks to put on a statutory footing offences connected with private research by jurors. I suggest that resort to the criminal law constitutes a clumsy, impractical and unnecessarily punitive attempt to regulate the extra-curial activities of the modern, online juror. It is incumbent on our lawmakers to explore more imaginative responses to the undoubted problem of jurors’ access to untested, internet materials – responses that might be more obviously premised upon an appreciation of jurors’ dutiful efforts to arrive at just verdicts.’

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UK Constitutional Law Association, 2nd October 2014

Source: www.ukconstitutionallaw.org/blog

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The Right to Die: A Moral or Legal question? Or Both? – No. 5 Chambers

Posted September 24th, 2014 in appeals, assisted suicide, bills, euthanasia, medical ethics, news, Supreme Court by sally

‘Late last month the Supreme Court of the UK handed down a judgment on the cases of two severely disabled men who want other people to help them to die.’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

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Developments in fundamental dishonesty – Hardwicke Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, damages, medical treatment, news, personal injuries by sally

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

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Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

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