Legal professional privilege can protect businesses that fall victim to cyber attacks, say experts – OUT-LAW.com

Posted February 21st, 2017 in news by sally

‘Businesses risk the disclosure of damaging IT forensics reports if they fail to take advantage of legal professional privilege in light of a cyber attack.’

Full story

OUT-LAW.com, 17th February 2017

Source: www.out-law.com

Comments Off on Legal professional privilege can protect businesses that fall victim to cyber attacks, say experts – OUT-LAW.com

The Judgement of Others – How Should a Disciplinary Panel Deal with the Findings of Another Professional Disciplinary Tribunal’s Decision: Analysis and Comment on Peckitt v GDC [2016] EWHC 1803 (Admin) – Drystone Chambers

Posted February 21st, 2017 in news by sally

‘What happens if a registrant is registered with two or more professional bodies and is then disciplined by one and is later disciplined by his or her other professional body? I recently appeared for the NMC, in the case of NMC v Benyu, where this situation arose. Ms Benyu was both a practising solicitor and nurse. She was struck off by the Solicitors Disciplinary Tribunal (SDT) for the mishandling of client funds. The client had mental health issues and originally was referred to her through her work as a nurse. Following the decision of the SDT, Ms Benyu was referred to the NMC.’

Full story (PDF)

Drystone Chambers, 30th January 2017

Source: www.drystone.com

Comments Off on The Judgement of Others – How Should a Disciplinary Panel Deal with the Findings of Another Professional Disciplinary Tribunal’s Decision: Analysis and Comment on Peckitt v GDC [2016] EWHC 1803 (Admin) – Drystone Chambers

Watts v Stewart – leases and licences revisited – Hardwicke Chambers

Posted February 21st, 2017 in news by sally

‘On 29th September 2004 the Trustees of the Ashtead United Charity allocated Mrs Janet Watts accommodation in an almshouse, in fact one of 14 residential flats the Charity owned at Ashstead in Surrey. In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had acted in an anti-social manner, swearing, spitting, and aggression. This was a breach of the terms of the Appointments Letter under which she was allocated the property. At the first directions hearing the District Judge ordered a trial of the issue of whether Mrs Watts occupied as a licensee of the Charity or a tenant. If the former of course it would be relatively easy for the Charity to evict her; if the latter, much less so.’

Full story

Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

Comments Off on Watts v Stewart – leases and licences revisited – Hardwicke Chambers

Introducing the litigant in person network – Legal Voice

Posted February 21st, 2017 in news by sally

‘The Litigant in Person Network is an online platform which aims to connect a wide range of people with a common goal of improving access to justice. Coordinated by the Litigant in Person Support Strategy, and supported by The Legal Education Foundation, the network is a place for interested professionals to share, discussion and collaborate across sectors on issues relating to both actual and potential Litigants in Person (LiPs).’

Full story

Legal Voice, 20th February 2017

Source: www.legalvoice.org.uk

Comments Off on Introducing the litigant in person network – Legal Voice

When One Purchaser Signs the Contract for Sale and the Other Does Not … – Radcliffe Chambers

Posted February 21st, 2017 in news by sally

‘And indeed never authorised the co-purchaser to enter into a contract on her behalf without her consent, did not know that he was entering into a contract, or consent to his doing so on her behalf. That was the remarkable situation in the case of Rabiu v. Marlbray Ltd [2016] 1 WLR 5147. At first blush one might have thought, in line with the decision in Suleman v. Shahsavari [1998] 1 WLR 1181, that in the absence of the signature of one of the co-purchasers, there was no binding contract and that that would be the end of the matter. So the trial judge concluded, but the Court of Appeal held that on the facts of the case the purchaser who had signed had rendered himself liable as between himself and the vendor of the property, notwithstanding the absence of the signature of his co-purchaser. In so doing it distinguished Suleman. The decision of the Court of Appeal, which runs to 111 paragraphs, considers a number of issues and repays careful study. This casenote will consider the questions of the validity of the contract between the vendor and the copurchaser and the formalities required by s.2 of the Law of Property (Miscellaneous Provisions) Act 1989. A second casenote (to follow) will consider whether, on the assumption that there was no valid contract as between the vendor and the co-purchaser (either because the contract had not been signed by the other co-purchaser, or because of want of the formalities required by s.2), the vendor was required to return the co-purchaser’s deposit or could retain it.’

Part One (PDF)
Part Two (PDF)

Radcliffe Chambers, February 2017

Source: www.radcliffechambers.com

Comments Off on When One Purchaser Signs the Contract for Sale and the Other Does Not … – Radcliffe Chambers

Solicitors speak out over plight of jailed 71-year-old – Law Society’s Gazette

Posted February 21st, 2017 in news by sally

‘Practitioners involved in a high-profile Court of Protection case have spoken out after it emerged that a 71-year-old woman jailed for contempt had been fighting to let her brother spend his remaining months in his country of birth.’

Full story

Law Society’s Gazette, 20th February 2017

Source: www.lawgazette.co.uk

Comments Off on Solicitors speak out over plight of jailed 71-year-old – Law Society’s Gazette

New MIB Untraced and Uninsured Drivers Agreements – Zenith PI Blog

Posted February 21st, 2017 in news by sally

‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:

MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.

Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’

Full story

Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

Comments Off on New MIB Untraced and Uninsured Drivers Agreements – Zenith PI Blog

What is the no recourse to public funds condition? – Free Movement

Posted February 21st, 2017 in news by sally

‘The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds. A person who claims public funds despite such a condition is committing a criminal offence and there may well be future immigration consequences as well, as any existing leave can be curtailed or a future application refused.’

Full story

Free Movement, 21st February 2017

Source: www.freemovement.org.uk

Comments Off on What is the no recourse to public funds condition? – Free Movement

Five Ways Human Rights Help The Fight For Social Justice – RightsInfo

Posted February 21st, 2017 in news by sally

‘The 20th of February is World Day of Social Justice and in honour of this day, we look at five ways human rights can help to achieve social justice.’

Full story

RightsInfo, 19th February 2017

Source: www.rightsinfo.org

Comments Off on Five Ways Human Rights Help The Fight For Social Justice – RightsInfo

Bar Council: shared leave plan will help women reach top – Law Society’s Gazette

Posted February 21st, 2017 in news by sally

‘The Bar Council has backed proposals by the regulator to amend rules on shared parental leave, claiming this could encourage more women to stay at the bar.’

Full story

Law Society’s Gazette, 20th February 2017

Source: www.lawgazette.co.uk

Comments Off on Bar Council: shared leave plan will help women reach top – Law Society’s Gazette

Whole of split bill, less additional liabilities, subject to proportionality test, rules regional costs judge – Litigation Futures

Posted February 21st, 2017 in news by sally

‘A court faced with a bill of costs that straddles the Jackson reforms should consider both the pre and post April 2013 costs when deciding whether it is proportionate, but ignore any additional liabilities, a regional costs judge has ruled.’

Full story

Litigation Futures, 20th February 2017

Source: www.litigationfutures.com

Comments Off on Whole of split bill, less additional liabilities, subject to proportionality test, rules regional costs judge – Litigation Futures

Two jailed for ‘brutal’ killing of man with learning difficulties – BBC News

Posted February 21st, 2017 in news by sally

‘Two men who used their phones to film themselves brutally attacking a man with learning difficulties have been jailed for his murder.’

Full story

BBC News, 20th February 2017

Source: www.bbc.co.uk

Comments Off on Two jailed for ‘brutal’ killing of man with learning difficulties – BBC News

Leading terror trial QC to be counter-terror laws watchdog – The Guardian

Posted February 21st, 2017 in news by sally

‘Max Hill QC, a leading prosecutor in many of the most serious terrorism trials, has been named the new independent reviewer of terrorism legislation.’

Full story

The Guardian, 20th February 2017

Source: www.guardian.co.uk

Comments Off on Leading terror trial QC to be counter-terror laws watchdog – The Guardian

Moors murderer Ian Brady loses court fight over legal representation – The Guardian

Posted February 21st, 2017 in news by sally

‘Moors murderer Ian Brady has been refused permission to launch a high court battle to get a lawyer of his choice to represent him at a tribunal.’

Full story

The Guardian, 20th February 2017

Source: www.guardian.co.uk

Comments Off on Moors murderer Ian Brady loses court fight over legal representation – The Guardian

Directors could face ‘disciplinary action’ for financial reporting breaches, under FRC plans -OUT-LAW.com

Posted February 21st, 2017 in news by sally

‘Company directors could face “disciplinary action” over breaches of financial reporting rules under new plans announced by the Financial Reporting Council (FRC).’

Full story

OUT-LAW.com, 17th February 2017

Source: www.out-law.com

Comments Off on Directors could face ‘disciplinary action’ for financial reporting breaches, under FRC plans -OUT-LAW.com

Lord Chief Justice “strongly opposes” accountants’ bid to handle litigation and advocacy work – Legal Futures

Posted February 21st, 2017 in news by sally

‘The Lord Chief Justice has outlined his “strong opposition” to a bid to allow accountants to handle tax litigation and advocacy work – and in return come under fire from the body that would regulate them.’

Full story

Legal Futures, 21st February 2017

Source: www.legalfutures.co.uk

Comments Off on Lord Chief Justice “strongly opposes” accountants’ bid to handle litigation and advocacy work – Legal Futures

IPCC advises separating police officers after fatal incidents – BBC News

Posted February 21st, 2017 in news by sally

‘Police officers directly involved in fatal incidents should be separated as quickly as possible to prevent conferring, a watchdog has said.’

Full story

BBC News, 21st February 2017

Source: www.bbc.co.uk

Comments Off on IPCC advises separating police officers after fatal incidents – BBC News

Appeal court to rule on civil partnerships for heterosexual couples – The Guardian

Posted February 21st, 2017 in news by sally

‘The appeal court is to decide whether opposite-sex couples can enter civil partnerships – without running away to the Isle of Man.’

Full story

The Guardian, 21st February 2017

Source: www.guardian.co.uk

Comments Off on Appeal court to rule on civil partnerships for heterosexual couples – The Guardian

TalkTalk scam victims say it’s time for answers – The Guardian

Posted February 20th, 2017 in banking, data protection, fraud, news, telecommunications, theft by sally

‘As another customer explains how he was conned out of £6,300 after the firm’s security breach, the ICO is seemingly stalling while a class action moves closer.’

Full story

The Guardian, 18th February 2017

Source: www.guardian.co.uk

Comments Off on TalkTalk scam victims say it’s time for answers – The Guardian

Triggering Article 50 TEU: A Positive Result for the Government? By Prof Erika Szyszczak – Littleton Chambers

Posted February 20th, 2017 in EC law, news, referendums, Supreme Court, treaties by sally

‘It is a monumental decision for a Member State to leave the European Union, not least when it will have a major impact on the economic, political and social future, not only of the exiting Member State, but also of the global trading regime. It is thus befitting that on 24 January 2017 the Supreme Court came of age by delivering one of its most important rulings, on the nature and future shape of the UK constitution. What started as a case concerning acquired rights became a wider ranging analysis of the role of the executive vis-a-vis Parliament. As befits a monumental constitutional decision, taking place in the digital age, the responses to the ruling have been prolific and focused upon the constitutional dimension to the litigation.’

Full story

Littleton Chambers, 27th January 2017

Source: www.littletonchambers.com

Comments Off on Triggering Article 50 TEU: A Positive Result for the Government? By Prof Erika Szyszczak – Littleton Chambers