Expert witness immunity removed – The Independent

Posted March 30th, 2011 in expert witnesses, immunity, news, Supreme Court by sally

“Expert witnesses have lost their 400-year-old immunity from being sued in the civil courts.”

Full story

The Independent, 30th March 2011

Source: www.independent.co.uk

The cost of clamping down on ‘no win, no fee’ legal arrangements – The Guardian

Posted March 30th, 2011 in costs, fees, news, personal injuries by sally

“Ken Clarke’s announcement on Tuesday that the government is to reform the costs of civil litigation has been portrayed as a crackdown on lawyers’ fees. That always makes a pleasing headline but the reality is that the justice secretary wants the public to do it for him.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 30th, 2011 in legislation by sally

The Financial Assistance Scheme (Revaluation and Indexation Amendments) Regulations 2011

The Pension Protection Fund (Pension Compensation Cap) Order 2011

The Apprenticeships (Issue of Apprenticeship Certificates) (England) Regulations 2011

The Immigration (Designation of Travel Bans) (Amendment No.3) Order 2011

The Apprenticeships (Transitional Provision for Existing Vocational Specifications) (England) Order 2011

The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2011

The Greater Manchester Combined Authority Order 2011

The Council Tax (Discount Disregards) (Amendment) Order 2011

The Social Security Benefits Up-rating Order 2011

The Aerodromes (Designation) (Detention and Sale of Aircraft) (England and Wales) (Amendment) Order 2011

The Penalties, Offshore Income etc. (Designation of Territories) Order 2011

Source: www.legislation.gov.uk

Regina (MK (Tunisia)) v Secretary of State for the Home Department – WLR Daily

Posted March 30th, 2011 in appeals, immigration, law reports by sally

Regina (MK (Tunisia)) v Secretary of State for the Home Department [2011] EWCA Civ 333; [2011] WLR (D) 106

“A claimant whose leave to remain in the country was cancelled while he was out of the country did not thereby lose his in-country right of appeal, and he could therefore return to exercise that right of appeal against the cancellation.”

WLR Daily, 25th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 30th, 2011 in appeals, EC law, judicial review, law reports, planning by sally

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another [2011] EWCA Civ 334; [2011] WLR (D) 107

“Demolition works were capable of constituting a project for the purposes of article 1(2) of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.”

WLR Daily, 25th March 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BAILII: Recent Decisions

Posted March 30th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

(H) v R. [2011] EWCA Crim 730 (29 March 2011)

Court of Appeal (Civil Division)

Football Dataco Ltd & Ors v Sportradar GmbH & Anor [2011] EWCA Civ 330 (29 March 2011)

Schütz (UK) Ltd v Werit (UK) Ltd [2011] EWCA Civ 303 (29 March 2011)

Gemstar- Tvguide International Inc & Ors v Virgin Media Ltd & Anor [2011] EWCA Civ 302 (29 March 2011)

Faulkner, R (on the application of) v Secretary of State for Justice the Parole Board [2011] EWCA Civ 349 (29 March 2011)

Brookes v HSBC Bank Plc [2011] EWCA Civ 354 (29 March 2011)

Lee v Secretary of State for the Home Department [2011] EWCA Civ 348 (29 March 2011)

High Court (Administrative Court)

Mehmet, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 741 (Admin) (29 March 2011)

High Court (Chancery Division)

Moore v Williamson & Ors [2011] EWHC 672 (Ch) (29 March 2011)

High Court (Family Division)

DE v AB [2010] EWHC 3792 (Fam) (30 November 2010)

High Court (Commercial Court)

Bank Leumi (UK) Plc v Wachner [2011] EWHC 656 (Comm) (22 March 2011)

Source: www.bailii.org

MPs warn against legal aid reforms in divorce cases – The Guardian

Posted March 30th, 2011 in divorce, domestic violence, legal aid, news by sally

“Making eligibility for legal aid in divorce and custody cases dependent on accusations of domestic violence will create a ‘perverse incentive’ that encourages false allegations, according to a group of MPs.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

Superinjunction scores legal first for nameless financier in libel action – The Guardian

Posted March 30th, 2011 in anonymity, defamation, freedom of expression, injunctions, internet, news by sally

“A wealthy financier involved in a family dispute has made British legal history by winning anonymity in a libel case. This latest court attempt to censor internet material has led to claims that free speech is being further eroded in Britain.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Guidance notes on Bribery Act suggest common sense will rule – The Independent

Posted March 30th, 2011 in bribery, corruption, legislation, news by sally

“The Government’s guidance on the controversial Bribery Act is to offer an olive branch to business as its publication today kicks off the three-month countdown to the act becoming law.”

Full story

The Independent, 30th March 2011

Source: www.independent.co.uk

Forensics cut will be ‘disastrous’ for victims of injustice – The Guardian

“Miscarriages of justice will not be corrected and public confidence in the criminal justice system will be damaged if proposed changes to the forensic science service go ahead, according to Richard Foster, chairman of the criminal cases review commission.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

Legal aid change may hit the vulnerable hardest say MPs – BBC News

Posted March 30th, 2011 in legal aid, news by sally

“MPs say vulnerable groups may be disproportionately affected by a shake-up of civil legal aid in England and Wales and want it to be ‘refined’.”

Full story

BBC News, 30th March 2011

Source: www.bbc.co.uk

UK Uncut arrests threaten future protests, lawyer warns – The Guardian

Posted March 30th, 2011 in criminal damage, demonstrations, detention, news, police, trespass by sally

“A lawyer at a leading civil liberties firm has expressed fears for the future of direct action protest after the mass arrest of UK Uncut activists during last Saturday’s anti-cuts demonstrations in London.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

Naked burglar fails to get jail sentence overturned – BBC News

Posted March 30th, 2011 in appeals, burglary, drug abuse, indecent exposure, news, sentencing, trespass by sally

“A naked burglar who broke into the homes of two families has failed to persuade judges that his indefinite jail term was unfair.”

Full story

BBC News, 29th March 2011

Source: www.bbc.co.uk

Price of suing the NHS too high – The Guardian

Posted March 30th, 2011 in compensation, costs, hospitals, medical treatment, negligence, news by sally

“Suing the NHS for medical negligence may become too costly in the wake of cuts to both legal aid and lawyers’ success fees.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Criminal cases review commission: the last bastion of hope – The Guardian

Posted March 30th, 2011 in Criminal Cases Review Commission, miscarriage of justice, news by sally

“Inside the independent body set up to investigate miscarriages of justice after the court of appeal has thrown them out.”

Full story

The Guardian, 30th March 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted March 30th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General’s Reference No. 125 of 2010 [2011] EWCA Crim 640 (02 March 2011)

Attorney General’s Reference No. 77 of 2010 [2011] EWCA Crim 636 (02 March 2011)

Messent, R. v [2011] EWCA Crim 644 (01 March 2011)

Vasili, R. v [2011] EWCA Crim 615 (23 February 2011)

Court of Appeal (Civil Division)

Co-Operative Group (CWS) Ltd v Pritchard [2011] EWCA Civ 329 (25 March 2011)

High Court (Chancery Division)

Lehman Brothers Special Financing Inc v Carlton Communications Ltd [2011] EWHC 718 (Ch) (28 March 2011)

High Court (Family Division)

Al- Saedy v Musawi [2010] EWHC 3293 (Fam) (29 October 2010)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2011] EWHC 587 (Comm) (28 March 2011)

Source: www.bailii.org

Employment law changes could ‘disproportionately affect women’ – Law Society’s Gazette

Posted March 30th, 2011 in employment, news, small businesses, women by sally

“Changes to employment laws announced in last week’s budget are encouraging for small employers but could disproportionately affect women, solicitors have warned.”

Full story

Law Society’s Gazette, 30th March 2011

Source: www.lawgazette.co.uk

Kenneth Clarke unveils plans to tackle compensation culture – The Guardian

Posted March 30th, 2011 in compensation, costs, fees, lord chancellor, news, small claims by sally

“Proposals to tackle Britain’s ‘damaging compensation culture’, control legal costs and divert cases from courtrooms into online resolution have been unveiled by the justice secretary.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Independent press crucial to the administration of justice, says lord chief justice – The Guardian

Posted March 30th, 2011 in judges, judiciary, lectures, media, news by sally

“An independent press is crucial to the administration of justice, the lord chief justice of England and Wales said during a lecture in Israel on Monday night.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Related link: The Judiciary and the Media (PDF)

Cyber-stalking should be a criminal offence, MPs say – BBC News

Posted March 30th, 2011 in harassment, internet, news by sally

“Cyber-stalking should be made a criminal offence, says a group of MPs calling for an overhaul of the law.”

Full story

BBC News, 30th March 2011

Source: www.bbc.co.uk