Conflicts of interest – Law Society’s Gazette

‘In the recent decision of W Ltd v M SDN BHD [2016] EWHC 422, Knowles J considered a challenge by the claimant of an arbitral award on the grounds of ‘serious irregularity’ under section 68(2) of the Arbitration Act 1996. That section provides that ‘serious irregularity’ means an irregularity ‘which the court considers has caused or will cause substantial injustice to the applicant’. The claimant alleged apparent bias on behalf of the sole arbitrator, H, based on alleged conflict of interest.’

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Law Society’s Gazette, 27th June 2016

Source: www.lawgazette.co.uk

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Code of Practice Issued Under the Proceeds of Crime Act 2002 – Attorney General’s Office

Posted June 16th, 2016 in codes of practice, proceeds of crime by tracey

‘The operation by prosecutors of investigation powers within POCA are subject to guidance issued by the Attorney General and the Advocate General for Northern Ireland in a code of practice. This code of practice has been revised to take account of certain provisions in the Serious Crime Act 2015 and the full extension of POCA powers to Northern Ireland.’

Full text

Attorney General’s Office, 10th June 2016

Source: www.gov.uk/ago

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New protocol for criminal defence on prosecution ‘failures’ – Law Society’s Gazette

‘A practitioner group is challenging what it claims to be ‘repeated’ failures by prosecutors to disclose information on time by issuing a step-by-step guide for criminal defence solicitors.’

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Law Society’s Gazette, 8th June 2016

Source: www.lawgazette.co.uk

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Relatives campaign for ‘Robin’s law’ to oblige care homes to inform family if a loved one is ill – The Guardian

‘As a new inquest approaches into the death of their autistic sister, family continues to fight for a law to boost the rights of relatives.’

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The Guardian, 1st June 2016

Source: www.guardian.co.uk

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Censorship or justified Concern? – UK Human Rights Blog

‘Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further claim, in respect of decisions made by Southampton University regarding a proposed conference on the legality of the existence of Israel under international law. She held that the University had lawfully withdrawn its permission to hold the conference in April 2015, and refused permission to challenge the University’s subsequent decision to require the conference organisers to meet the conference’s security costs as a condition of allowing the conference to take place at a later date. The conference organisers had claimed that both decisions represented an unlawful interference with their Article 10 right to free expression and Article 11 right to free assembly.’

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UK Human Rights Blog, 24th May 2016

Source: www.ukhumanrightsblog.com

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New drainage guidance for lawyers published – Legal Futures

‘New guidance is released today [24 May] for lawyers on drainage requirements for new build developments.’

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Legal Futures, 24th May 2016

Source: www.legalfutures.co.uk

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Senior judges oppose singling out clin neg for fixed costs as consultation nears – Litigation Futures

‘The senior judiciary agrees with Lord Justice Jackson that fixed recoverable costs should not be introduced in clinical negligence cases in isolation, but as part of their extension across the entire fast-track and ‘lower’ end of the multi-track, it has emerged.’

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Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

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Children in care: Call to cut prosecutions for minor offences – BBC News

‘Children in care should not be prosecuted for minor offences, a report looking at their over-representation in the criminal justice system says.’

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BBC News, 23rd May 2016

Source: www.bbc.co.uk

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A New Sentencing Code for England and Wales Transition – Final Report and Recommendations – official-documents.gov.uk

Posted May 20th, 2016 in codes of practice, Law Commission, reports, sentencing by tracey

‘This report contains the Law Commission’s formal recommendations on transition to the New Sentencing Code.’

Full report

Official-documents.gov.uk, 20th May 2015

Source: official-documents.gov.uk

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NHSLA ordered to pay indemnity costs for surveillance video “ambush” – Litigation Futures

‘The NHS Litigation Authority (NHSLA) has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated.’

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Litigation Futures, 16th May 2016

Source: www.litigationfutures.com

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Barristers unhappy with BSB warning on commercial pressures – Legal Futures

‘Barristers have complained that the decision of their regulator to make public the risk of commercial pressures damaging the Bar could on its own have a negative impact on the profession’s reputation.’

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Legal Futures, 18th May 2016

Source: www.legalfutures.co.uk

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Home Secretary’s Police Federation Conference 2016 speech – Home Office

‘Speech given by Theresa May at the Police Federation Annual Conference 2016 in Bournemouth.’

Full speech

Home Office, 17th May 2016

Source: www.gov.uk/home-office

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Hillsborough verdict sparks call to rebalance police and criminal justice system – The Guardian

‘A cross-party campaign for radical reform of the police and criminal justice system in light of the Hillsborough inquests verdict has been launched by the shadow home secretary, Andy Burnham.’

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The Guardian, 11th May 2016

Source: www.guardian.co.uk

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New Home Office instruction on risk assessment for immigration detainees – Free Movement

Posted May 11th, 2016 in codes of practice, detention, immigration, news by sally

‘A new Detention Services Order, DSO 03/2016, has been issued by the Home Office. The name is innocuous — Considering detainee placement — but we can hope that it will have a significant impact because what it really requires is a proper risk assessment before a person is accepted into immigration detention. And about time too. We have in recent years seen some appalling and utterly in humane detention decisions, at least one of which appears directly to have led to the death of a very vulnerable elderly man, Alois Dvorcak.’

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Free Movement, 9th May 2016

Source: www.freemovement.org.uk

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Reducing women’s imprisonment: sentencing of mothers – Halsbury’s Law Exchange

‘Ciara O’Neill wrote recently on the Halsbury’s Law Exchange about Michael Gove’s talk on 4 November at the AGM of the Howard League for Penal Reform: “He believes that our sentencing framework needs a complete overhaul…Gove recognised that evidence shows short sentences are more likely than not to lead to recidivism, and that the system needs a more appropriate sentencing framework. This will be based on extensive research into the effectiveness of current sentencing practices.” (“Gove admits the UK sentencing framework needs to be more sensitive, & 7 more things we learned at the 2015 Howard League AGM“).’

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Halsbury’s Law Exchange, 3rd May 2016

Source: www.halsburyslawexchange.co.uk

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Allocation schemes and unlawful discrimination – LAG Housing Law

‘Sam Madge-Wyld looks at challenges to housing allocation schemes.’

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LAG Housing Law, 26th April 2016

Source: www.laghousinglaw.com

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Jackson proposes decoupling new bill of costs from J-Codes in bid to break “deadlock” – Litigation Futures

Posted April 25th, 2016 in civil procedure rules, codes of practice, costs, delay, electronic filing, news by sally

‘The new format bill of costs developed by the Hutton committee needs to be brought into use – perhaps from October 2017 – but should be decoupled from the J-Codes to make it more palatable to the profession, Lord Justice Jackson said last week in a bid to restart momentum towards one of the unfinished elements of his reforms.’

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Litigation Futures, 25th April 2016

Source: www.litigationfutures.com

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Fears over credit for guilty plea – Law Society’s Gazette

‘Criminal defence solicitors are expected to oppose proposed replacement guidelines on sentence reductions for early guilty pleas.’

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Law Society’s Gazette, 25th April 2016

Source: www.lawgazette.co.uk

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Testamentary capacity and the not-so golden rule: Burns v Burns [2016] EWCA Civ 37 – Park Square Barristers

Posted April 13th, 2016 in appeals, codes of practice, doctors, news, probate, solicitors, wills by sally

‘David Rose reviews the recent Court of Appeal decision in Burns v Burns [2016] EWCA Civ 37, which contains an up-to-date summary of the law relating to testamentary capacity and knowledge & approval.’

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Park Square Barristers, 31st March 2016

Source: www.parksquarebarristers.co.uk

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Plans to change animal welfare codes abandoned by government – BBC News

Posted April 8th, 2016 in animal cruelty, animals, codes of practice, consultations, news, standards by tracey

‘The government has abandoned a controversial plan to repeal animal welfare codes.’

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BBC News, 7th April 2016

Source: www.bbc.co.uk

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