Guide to Judicial Conduct – Revised July 2016 – Courts and Tribunals Judiciary

Posted July 21st, 2016 in codes of practice, judiciary, news by tracey

‘The Judicial HR Committee of the Judges’ Council is in the process of revising the Guide to Judicial Conduct to make it more readily accessible to the whole of the judiciary. It hopes to be able to present a revised draft to the Judges’ Council for publication during the coming year. In the meantime, judges’ attention is drawn to the attached interim revision of the 2013 Guide. This brings the current version up to date with, amongst other things, references to the JCIO etc and the guidance on reporting minor offences (published in July 2015).’

Full text

Courts and Tribunals Judiciary, 21st July 2016

Source: www.judiciary.gov.uk

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Barristers still face flexible working penalty – The Bar Council

‘The Bar Council has launched a new flexible working guide for chambers, which includes proposals for possible rent reductions for those barristers seeking to work reduced hours or away from chambers because of care responsibilities.’

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The Bar Council, 19th July 2016

Source: www.barcouncil.org.uk

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New Digital Economy Bill laid before the UK parliament – OUT-LAW.com

‘Plans for establishing a universal service obligation (USO) on broadband, governing the installation and maintenance of telecoms infrastructure, facilitating public sector data sharing and regulating direct marketing activities have been published before the UK parliament.’

Full story

OUT-LAW.com, 6th July 2016

Source: www.out-law.com

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New tough charity regulator to name and shame bullying ‘chuggers’ – Daily Telegraph

Posted July 7th, 2016 in charities, codes of practice, news, regulations, reports by sally

‘Charity fundraisers who harass the elderly and shoppers in street will be “named and shamed” by a tougher new regulator to be launched today.’

Full story

Daily Telegraph, 7th July 2016

Source: www.telegraph.co.uk

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Breast enlargement ad starring blogger That Pommie Girl banned – The Guardian

Posted July 6th, 2016 in advertising, codes of practice, complaints, cosmetic surgery, news, women by Mark L

‘A TV ad featuring a fashion blogger promoting breast enlargement has been banned for irresponsibly implying to young women that surgery will make them more popular and confident.’

Full story

The Guardian, 6th July 2016

Source: www.guardian.co.uk

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Regina v Walker (Triston) [2016] EWCA Crim 751 – WLR Daily

Regina v Walker (Triston) [2016] EWCA Crim 751

‘The defendant was charged with murder. On 4 August 2007 the crown prosecutor made a decision to charge his co-accused with assisting an offender. That decision was taken employing the threshold test in the Code for Crown Prosecutors issued by the Director of Public Prosecutions (“DPP”) under section 37A of the Police and Criminal Evidence Act 1984 and considering the statutory charging procedures set out in section 37B, namely that when a case was referred by police to the DPP, the DPP should decide whether there was sufficient evidence to charge, decide which offence to charge and notify the police of his decision. The co-accused was charged by police on 21 August and the next day he was sent for trial. On 10 October a crown prosecutor gave written consent to the institution of proceedings against the co-accused. At trial the co-accused gave evidence which was broadly supportive of the defendant’s account but which contradicted that account in some respects. The defendant was convicted of murder. He sought leave to appeal against conviction, contending that the proceedings against the co-accused were a nullity, since the DPP had not given his consent until after he had been sent for trial; that, therefore, the co-accused should not have been on the same indictment as the defendant; that the co-accused’s contradictory evidence had done collateral damage to the defendant’s case; and that the conviction was therefore unsafe.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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Trade bodies publish new market abuse guidance to replace Model Code – OUT- LAW.com

‘Guidance and specimen policy documents to help quoted companies comply with new market abuse rules when dealing in shares have been published by the UK’s main trade bodies for governance professionals and general counsel.’

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OUT-LAW.com, 29th June 2016

Source: www.out-law.com

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Senior judge: bigger fine discounts needed for companies agreeing deferred prosecution agreements – OUT-LAW.com

‘Companies should receive substantial discounts on fines if they enter into deferred prosecution agreements (DPAs) with the Serious Fraud Office (SFO) after uncovering and self-reporting corruption offences, according to one of the UK’s most senior judges.’

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OUT-LAW.com, 30th June 2016

Source: www.out-law.com

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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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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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