Will scrapping the CPD requirement reduce the quality of lawyers? – The Futures of Law

‘The Solicitors Regulation Authority (SRA) has pledged to scrap its requirement for solicitors to complete 16 hours of continuing professional development (CPD), describing its existing system as little more than a “box ticking” exercise. The SRA believes revoking the current system will provide greater flexibility, but Nicholas Lakeland, partner and head of the employment and pensions team at Silverman Sherliker LLP, fears it may well lead to a real reduction in training.’

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The Future of Law, 22nd October 2014

Source: www.blogs.lexisnexis.co.uk

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Companies should not wait to apply to set aside default judgments, says expert, after court makes clear ‘Mitchell’ principles apply – OUT-LAW.com

Posted October 23rd, 2014 in appeals, civil procedure rules, default judgments, delay, news, setting aside by sally

‘Companies hoping to have a default judgment against them set aside must be sure to act quickly, an expert has said, after a recent court decision confirmed what courts must consider when considering an application.’

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OUT-LAW.com, 22nd October 2014

Source: www.out-law.com

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Anorexia, alcoholism and the right to autonomy – UK Human Rights Blog

‘The issues that arose before the Court of Protection in this case encapsulate the difficulties involved in applying legal tools to the organic swamp of human pathology. Everything that one may envisage, for example, in planning a “living will” (or, more precisely, an Advance Decision under the Mental Capacity Act), may have no application at the critical time because the human body – or rather the way it falls apart – does not fit in to neat legal categories. In such a situation it is often the right to autonomy that is most at risk, since what you plan for your own medical and physiological future may not square with what the authorities you decide you were capable of planning. Cobb J’s sensitive and humane judgement in this sad case is a very encouraging sign that courts are beginning to resist the tyrannous claims of Article 2 and the obligation to preserve life at all costs.’

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UK Human Rights Blog, 22nd October 2014

Source: www.ukhumanrightsblog.com

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Lady Gaga the polo pony in High Court libel battle – Daily Telegraph

Posted October 23rd, 2014 in animals, costs, damages, defamation, news by sally

‘A polo pony called Lady Gaga was at the centre of a High Court libel battle after her ‘reputation was slurred’ on YouTube.’

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Daily Telegraph, 22nd October 2014

Source: www.telegraph.co.uk

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A very unlawful eviction – NearlyLegal

Posted October 23rd, 2014 in damages, housing, local government, news, repossession by sally

‘This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended with findings against Southwark that were as bad as they could possibly be (and just perhaps even worse than the available evidence would support).’

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NearlyLegal, 22nd October 2014

Source: www.nearlylegal.co.uk

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Grayling ‘has no understanding of his role’ – Falconer – Law Society’s Gazette

‘Former lord chancellor Lord Falconer has attacked successor Chris Grayling for failing to view his commitment to the rule of law as different to that of any other government minister.’

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Law Society’s Gazette, 22nd October 2014

Source: www.lawgazette.co.uk

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Hollie Robinson loses father murder appeal bid – BBC News

Posted October 23rd, 2014 in appeals, joint enterprise, murder, news by sally

‘A Colwyn Bay woman who teamed up with others to kill her own father in a knife attack must accept her murder conviction, top judges have ruled.’

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BBC News, 22nd October 2014

Source: www.bbc.co.uk

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Supreme Court extends protection for asbestos victims – Litigation Futures

Posted October 23rd, 2014 in appeals, asbestos, news, regulations, Supreme Court, victims by sally

‘The Supreme Court has extended protection for victims of asbestos-related diseases, by ruling that the Asbestos Industry Regulations 1931 applied to all workers in factories where asbestos was being processed.’

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Litigation Futures, 23rd October 2014

Source: www.litigationfutures.com

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Fake Chelsea footballer Medi Abalimba jailed for posing as Gael Kakuta – The Independent

Posted October 23rd, 2014 in fraud, news, sentencing, sport by sally

‘A failed footballer who enjoyed a champagne lifestyle by pretending to be a Chelsea player has been jailed for four years for a £163,000 fraud.’

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The Independent, 22nd October 2014

Source: www.independent.co.uk

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The cost of dying with an outdated will is ‘£9,700′ – Daily Telegraph

Posted October 23rd, 2014 in costs, fees, intestacy, news, wills by sally

‘Research suggests that a combined £175 million in assets is lost each year to bereaved families if a relative dies intestate or with an outdated will.’

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Daily Telegraph, 22nd October 2014

Source: www.telegraph.co.uk

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Disability hate crime convictions drop, says CPS – BBC News

Posted October 23rd, 2014 in crime, disabled persons, harassment, news, prosecutions, reports by sally

‘Prosecutors have pledged to do more to tackle disability hate crime after a drop in the number of convictions.’

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BBC News, 23rd October 2014

Source: www.bbc.co.uk

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Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm – The Guardian

Posted October 23rd, 2014 in employment, equality, news, race discrimination, self-employment, taxis by sally

‘Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm.’

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The Guardian, 22nd October 2014

Source: www.guardian.co.uk

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Judge rules pregnant paranoid schizophrenic woman must undergo Caesarean section – The Independent

Posted October 23rd, 2014 in birth, Court of Protection, medical treatment, mental health, news by sally

‘A judge has ruled a pregnant woman who suffers from paranoid schizophrenia will undergo a Caesarean section.’

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The Independent, 22nd October 2014

Source: www.independent.co.uk

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UZ (Pakistan) v Secretary of State for the Home Department – WLR Daily

Posted October 22nd, 2014 in appeals, immigration, judicial review, jurisdiction, law reports, tribunals by sally

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319; [2014] WLR (D) 429

‘The Upper Tribunal (Immigration and Asylum Chamber) did not have jurisdiction to determine an application for permission to proceed with a claim for judicial review where the application had been advanced by reference to the Secretary of State’s decisions to reject the application under the Legacy Programme.’

WLR Daily, 15th October 2014

Source: www.iclr.co.uk

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Vice Prosecutor, Magistrate of the Judicial Order, France v Charbit – WLR Daily

Posted October 22nd, 2014 in extradition, fraud, law reports by sally

Vice Prosecutor, Magistrate of the Judicial Order, France v Charbit [2014] WLR (D) 425

‘An annex could not form part of a European arrest warrant for the purposes of section 2 of the Extradition Act 2003.’

WLR Daily, 14th October 2014

Source: www.iclr.co.uk

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Bizunowicz and another v District Court in Koszalin, Poland and another – WLR Daily

Posted October 22nd, 2014 in appeals, costs, extradition, law reports by sally

Bizunowicz and another v District Court in Koszalin, Poland and another [2014] EWHC 3238 (Admin); [2014] WLR (D) 430

‘Once a district judge’s decision to order a person’s extradition had been successfully appealed under Part 1 of the Extradition Act 2003, the High Court enjoyed a supervisory jurisdiction to quash or vary any costs order made against the appellant, since the basis on which the costs order had been made no longer existed. However, the High Court did not have jurisdiction to determine an appeal from a costs order made by a district judge who had ordered extradition, in circumstances where the costs order was challenged as a part of unsuccessfully pursuing an appeal against the extradition order.’

WLR Daily, 10th October 2014

Source: www.iclr.co.uk

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Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others – WLR Daily

Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others [2014] EWHC 3343 (Admin); [2014] WLR (D) 431

‘A conclusion of lawful killing made by a coroner’s court meant that a death was recognised as one that would amount to the crime of murder, manslaughter or infanticide but for the presence of an additional factor which justified it.’

WLR Daily, 14th October 2014

Source: www.iclr.co.uk

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Parkwell Investments Ltd and another v Revenue and Customs Commissioners – WLR Daily

Posted October 22nd, 2014 in insolvency, law reports, tribunals, VAT, winding up by sally

Parkwell Investments Ltd and another v Revenue and Customs Commissioners [2014] EWHC 3381 (Ch); [2014] WLR (D) 432

‘The High Court had jurisdiction to appoint a provisional liquidator notwithstanding the fact that appeals by the company in respect of disputed VAT assessments were pending in the First-tier Tax Tribunal.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG – WLR Daily

Posted October 22nd, 2014 in appeals, fraud, insurance, law reports, proportionality by sally

Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG [2014] EWCA Civ 1349; [2014] WLR (D) 433

‘The rule that a fraudulent insurance claim deprived the insured of any right to recover anything applied also to fraudulent devices, namely, the making of statements which were known by the insured to be untrue or which were made recklessly, not caring whether they were true or false, in support of a claim honestly believed by him to be good both as to liability and amount.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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Flos putting us all through the Mill – NIPC Law

Posted October 22nd, 2014 in copyright, EC law, intellectual property, Italy, news by sally

‘In 1962 Achille and Pier Giacomo Castiglioni designed a floor lamp with a marble base and a curved lead to a bowl shaped reflector. Those lamps, known as the Arco lamp and you can see a picture of one of those lamps in Achille Castiglioni’s studio in Quick History: The Arco Lamp in Apartment Therapy. Original Arco lamps retail for £1,373 but it is possible to buy a reproduction for a fraction of that price as the Prime Minister’s wife did recently (see “Samantha Cameron counts the cost of her repro lamp” 3 Oct 2011 The Guardian).’

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NIPC Law, 17th October 2014

Source: www.nipclaw.blogspot.co.uk

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