Supreme court judge warns legal aid cuts will hit poorest – The Guardian

Posted June 28th, 2011 in judges, law centres, legal aid, news, speeches by sally

“The only female justice on the supreme court, Lady Hale, has highlighted the impact of the proposed cuts in legal aid, declaring that they would have a ‘disproportionate effect upon the poorest and most vulnerable in society’.”

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The Guardian, 28th June 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 28th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Joujou & Ors v Masri [2011] EWCA Civ 746 (28 June 2011)

MG & Anor v A Local Authority & Ors [2011] EWCA Civ 745 (28 June 2011)

White v Davenham Trust Ltd [2011] EWCA Civ 747 (28 June 2011)

High Court (Queen’s Bench Division)

Broxbourne Borough Council v Robb & Ors [2011] EWHC 1626 (QB) (27 June 2011)

AAH Pharmaceuticals Ltd v Birdi & Ors [2011] EWHC 1625 (QB) (20 June 2011)

High Court (Administrative Court)

Minter, R (on the application of) v Chief Constable of Hampshire Constabulary & Anor [2011] EWHC 1610 (Admin) (28 June 2011)

Source: www.bailii.org

More rights for children and vulnerable adults in court – Ministry of Justice

Posted June 28th, 2011 in children, news, witnesses by sally

“New laws to help make it easier for children and vulnerable victims and witnesses to give evidence in court come into force today.”

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Ministry of Justice, 27th June 2011

Source: www.justice.gov.uk

One nasty surprise in the legal aid bill escaped the headlines – The Guardian

Posted June 28th, 2011 in bills, fees, legal aid, legal representation, news, personal injuries by sally

“The bill all but removes sweeteners introduced in the 1990s when legal aid was abolished in most personal injury claims.”

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The Guardian, 28th June 2011

Source: www.guardian.co.uk

Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen v Akdas and others – WLR Daily

Posted June 28th, 2011 in benefits, EC law, law reports, social security by sally

Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen v Akdas and others Case C-485/07; [2011] WLR (D) 209

“The first sub-paragraph of article 6(1) of the EEC-Turkey Association Council Decision 3/80 of 19 September 1980 on the application of the social security schemes of the member states of the European Communities to Turkish workers and members of their families (OJ 1983 C 110, p 60), which provided for the export of certain specified benefits, was directly effective. That provision precluded national legislation which withdrew the award of a benefit, such as the supplement to invalidity benefit, from former Turkish migrant workers when they had returned to Turkey after losing their right to remain in the host member state after becoming incapacitated in the that member state.”

WLR Daily, 26th May 2011

Source: www.iclr.co.uk

New rules on giving evidence aimed at protecting vulnerable – Law Society’s Gazette

Posted June 28th, 2011 in children, news, witnesses by sally

“New laws designed to make it easier for children and vulnerable people to give evidence in court came into force today (27 June).”

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Law Society’s Gazette, 27th June 2011

Source: www.lawgazette.co.uk

Celebrities can be given hacking surveillance notes, High Court rules – Daily Telegraph

Posted June 28th, 2011 in disclosure, documents, interception, news, telecommunications by sally

“Lawyers of celebrities who suspect that phone messages were intercepted by News of the World journalists can be given material from ‘surveillance’ notes seized by police, a High Court judge said today (27 June).”

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Daily Telegraph, 27th June 2011

Source: www.telegraph.co.uk

Levi Bellfield defence was a charade driven by hatred, victim’s family claims – The Guardian

Posted June 28th, 2011 in cross-examination, defence, news, trials, witnesses by sally

“The family of one of Levi Bellfield’s murder victims has hit out at the way his defence was handled during his trial for the killing of Milly Dowler.”

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The Guardian, 27th June 2011

Source: www.guardian.co.uk

EAT allows barrister to pursue further claims against 4 New Square – The Lawyer

Posted June 28th, 2011 in appeals, barristers, barristers' clerks, employment tribunals, news, racism by sally

“The Employment Appeal Tribunal (EAT) has given permission for barrister Aisha Bijlani to pursue a racial and disability discrimination claim against four named individuals at her chambers, 4 New Square (4NS).”

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The Lawyer, 27th June 2011

Source: www.thelawyer.com

Penlee Nursing Home workers sentenced for neglect – BBC News

“Two nursing home workers who were found guilty of wilfully neglecting a man who broke his hip have been sentenced to community service.”

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BBC News, 27th June 2011

Source: www.bbc.co.uk

OFT publishes guide on how businesses can comply with competition laws – OUT-LAW.com

Posted June 27th, 2011 in company law, competition, news by sally

“UK businesses should identify and change behaviour that may be deemed to be anti-competitive, the Office of Fair Trading (OFT) has said.”

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OUT-LAW.com, 27th June 2011

Source: www.out-law.com

The Dowler family’s ordeal is no case for silent witnesses – The Guardian

Posted June 27th, 2011 in bad character, cross-examination, media, news, trials, witnesses by sally

“The judge in Levi Bellfield’s trial could not spare Milly Dowler’s parents the trauma of giving evidence.”

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The Guardian, 27th June 2011

Source: www.guardian.co.uk

Bank of Scotland plc v Zinda – WLR Daily

Posted June 27th, 2011 in appeals, law reports, mortgages, repossession by sally

Bank of Scotland plc v Zinda [2011 EWCA Civ 706; [2011] WLR (D) 208

“An agreement between the mortgagor and mortgagee consolidating the unpaid instalments leading up to a suspended possession order and the future mortgage instalments thereby enlarging the total amount of loan did not have the effect of creating a new contract of loan displacing the original contract of loan. Nor did the agreement affect the survival of the suspended possession order entitling the mortgagee to take immediate possession of the mortgaged property without any further order based on the new contract.”

WLR Daily, 23rd June 2011

Source: www.iclr.co.uk

Regina v McKenzie – WLR Daily

Posted June 27th, 2011 in appeals, criminal procedure, indictments, law reports, sexual offences by sally

Regina v McKenzie [2011] EWCA Crim 1550; [2011] WLR (D) 207

“Where the counts in an indictment referred to offences contrary to a specific statutory provision but the particulars referred to acts which would be contrary to a different statutory provision, findings of a jury could not be upheld on the basis that the requirements of section 4A(2)(b) of the Criminal Procedure (Insanity) Act 1964 were met, or that the defects could be cured by application of section 3 of the Criminal Appeal Act 1968.”

WLR Daily, 23rd June 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 27th, 2011 in legislation by sally

The Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011

The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 1) (England) Order 2011

The Immigration (Passenger Transit Visa)(Amendment) Order 2011

The NHS Foundation Trusts and Primary Care Trusts (Transfer of Trust Property) Order 2011

The Care Quality Commission (Additional Functions) Regulations 2011

The African Development Bank (Further Payments to Capital Stock) Order 2011

The African Development Fund (Multilateral Debt Relief Initiative) (Amendment) Order 2011

The Lowestoft (Pilotage) Harbour Revision Order 1988

The African Development Bank (Twelfth Replenishment of the African Development Fund) Order 2011

The Weights and Measures (Miscellaneous Foods) Order 1988

The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 1) (England) Order 2011

Source: www.legislation.gov.uk

Government seeks appeal in Sharon Shoesmith case – The Guardian

Posted June 27th, 2011 in appeals, child abuse, news, social services, unfair dismissal by sally

“The Department for Education has confirmed that it is seeking an appeal at the supreme court against the court of appeal ruling that Sharon Shoesmith was unfairly sacked following the death of Baby P.”

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The Guardian, 24th June 2011

Source: www.guardian.co.uk

EU migration law changes rejected – The Independent

Posted June 27th, 2011 in asylum, EC law, news by sally

“Prime Minister David Cameron today (24 June) said he had seen off attempts to change European laws on migration which could have stopped the UK from sending asylum seekers back to other EU countries.”

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The Independent, 24th June 2011

Source: www.independent.co.uk

Criminalising squatting will hit homeless, charities warn – The Guardian

Posted June 27th, 2011 in news, prosecutions, squatting by sally

“Leading charities are warning that proposals to make squatting a criminal offence risk dragging some of the country’s most vulnerable people through the justice system.”

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The Guardian, 24th June 2011

Source: www.guardian.co.uk

Court orders trader to repay customers after late deliveries and failure to refund purchases – OUT-LAW.com

Posted June 27th, 2011 in consumer protection, electronic commerce, internet, news by sally

“A court has ordered an online trader to refund consumers that he failed to deliver goods or pay refunds to, the UK’s consumer protection regulator the Office of Fair Trading (OFT) has said.”

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OUT-LAW.com, 24th June 2011

Source: www.out-law.com

Fast-track for second reading of legal aid and sentencing bill condemned – Law Society’s Gazette

Posted June 27th, 2011 in bills, legal aid, news, parliament, sentencing by sally

“Lawyers and MPs have expressed outrage at the government’s attempt to fast track the Legal Aid, Sentencing and Punishment of Offenders Bill through Parliament.”

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Law Society’s Gazette, 24th June 2011

Source: www.lawgazette.co.uk