July 2011 – Page 20 – Current Awareness

“The public asked for the release of more information from public bodies at the start of this year than at any time since the immediate aftermath of the enactment of freedom of information (FOI) laws, the Government has said.”

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OUT-LAW.com, 7th July 2011

Source: www.out-law.com

NML Capital Ltd v Republic of Argentina – WLR Daily

Posted July 7th, 2011 in enforcement, international law, law reports, state immunity, Supreme Court by sally

NML Capital Ltd v Republic of Argentina [2011] UKSC 31; [2011] WLR (D) 220

“The Republic of Argentina was not entitled, by virtue of section 31 of the Civil Jurisdiction and Judgments Act 1982, to state immunity in respect of proceedings brought in England for the enforcement of a judgment obtained in New York. In addition, the terms of the agreement between the republic and the claimant, amounted to a waiver of immunity and a submission to the jurisdiction of the English court.”

WLR Daily, 6th July 2011

Source: www.iclr.co.uk

Joujou and others v Masri – WLR Daily

Posted July 7th, 2011 in appeals, conflict of interest, enforcement, jurisdiction, law reports by sally

Joujou and others v Masri [2011] EWCA Civ 746; [2011] WLR (D) 219

“Judicial comity prevented the court from threatening contempt proceedings against judicial administrators who were refusing on instructions from the foreign court which appointed them to comply with a order of a High Court judge.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Regina (McDonald) v Kensington and Chelsea Royal London Borough Council – WLR Daily

Posted July 7th, 2011 in care workers, law reports, social services, Supreme Court by sally

Regina (McDonald) v Kensington and Chelsea Royal London Borough Council [2011] UKSC 33; [2011] WLR (D) 218

“A local authority had been entitled to withdraw the funding for a night-time carer to assist a disabled person to use a commode when required, and to instead provide her with incontinence pads to wear at night.”

WLR Daily, 6th July 2011

Source: www.iclr.co.uk

Mereworth v Ministry of Justice – WLR Daily

Posted July 7th, 2011 in jurisdiction, law reports, parliament, peerages & dignities by sally

Mereworth v Ministry of Justice [2011] EWHC 1589 (Ch); [2011] WLR (D) 217

“The court did not have jurisdiction to decide whether a hereditary peer was entitled to a writ of summons thereby entitling him to sit and vote in the House of Lords. That question fell within the exclusive cognisance of Parliament and was a matter for the Committee for Privileges.”

WLR Daily, 23rd May 2011

Source: www.iclr.co.uk

Criminal Bar Association Calls for Further Engagement Over the Treatment of Families Bereaved by Homicide – The Bar Council

Posted July 7th, 2011 in barristers, bereavement, families, homicide, news, victims by sally

“The Criminal Bar Association, which represents criminal barristers in England and Wales, has marked the release of the Victim Commissioner’s Review into the Needs of Families Bereaved by Homicide by urging fair treatment for all involved in the criminal justice system.”

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The Bar Council, 6th July 2011

Source: www.barcouncil.org.uk

JAG submits QASA application to the Legal Services Board – Bar Standards Board

Posted July 7th, 2011 in advocacy, barristers, legal executives, news, quality assurance, solicitors by sally

“The Joint Advocacy Group (JAG) – made up of the Bar Standards Board, Solicitors Regulatory Authority and ILEX Professional Standards – has submitted an application to the Legal Services Board (LSB) for consideration of the Quality Assurance Scheme for Advocates (crime) – QASA.”

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Bar Standards Board, 6th July 2011

Source: www.barstandardsboard.org.uk

Judicial response to Victims Commissioner’s Report, Review into the Needs of Families Bereaved by Homicide – Judiciary of England and Wales

Posted July 7th, 2011 in bereavement, homicide, judiciary, news, reports, victims by sally

“This review by the Commissioner for Victims and Witnesses raises issues that need debating, especially in the light of recent cases. The judiciary will give this report close attention alongside the draft Directive on victims issued by the Commission in May which they are already considering carefully.”

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Judiciary of England and Wales, 6th July 2011

Source: www.judiciary.gov.uk

Choosing the right judges – Law Society’s Gazette

Posted July 7th, 2011 in judiciary, news by sally

“There are many mysterious features of the legal world that baffle clients.

But there is perhaps none quite so surprising as when they discover that the judge about to hear their case has little experience in the field of law with which their case is concerned.”

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Law Society’s Gazette, 7th July 2011

Source: www.lawgazette.co.uk

Court to decide Catholic church liability for priest abuse – The Guardian

Posted July 7th, 2011 in clergy, employment, news by sally

“The Roman Catholic church’s liability for the wrongdoings of its priests is being tested in a high court hearing that could have a significant impact on clerical sexual abuse cases.”

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The Guardian, 6th July 2011

Source: www.guardian.co.uk

Solicitors and others remain divided over desirability of the government’s civil justice reforms – Law Society’s Gazette

Posted July 7th, 2011 in civil justice, consultations, legislation, news by sally

“In The Legal Aid, Sentencing and Punishment of Offenders Bill, the government conceded remarkably little following extensive – though hardly protracted – periods of consultation.”

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Law Society’s Gazette, 7th July 2011

Source: www.lawgazette.co.uk

Judge fears for elderly after former ballerina denied night care – The Guardian

Posted July 7th, 2011 in care workers, elderly, judges, news, social services by sally

“A judge said she was troubled by the implications of a supreme court decision against a former ballerina which campaigners say could lead to the elderly being ‘warehoused’ at home ‘without regard to their quality of life’.”

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The Guardian, 6th July 2011

Source: www.guardian.co.uk

Human rights blamed for sharp rise in prisoner legal aid – Daily Telegraph

Posted July 7th, 2011 in human rights, legal aid, news by sally

“Taxpayers are funding almost £70,000 a day on legal aid for prisoners after a 25-fold increase in the last decade.”

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Daily Telegraph, 7th July 2011

Source: www.telegraph.co.uk

Man sentenced to 10 years for trying to kill wife with electric chair – The Guardian

Posted July 7th, 2011 in attempted murder, attempts, murder, news, sentencing by sally

“When Andrew Castle’s wife of 18 years asked him for a divorce, his response was to rig up a homemade electric chair in his garage and try to kill her.”

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The Guardian, 6th July 2011

Source: www.guardian.co.uk

NHS ‘above the law’ in legal aid reforms – Law Society’s Gazette

Posted July 7th, 2011 in legal aid, medical treatment, negligence, news by sally

“The government is putting the NHS ‘above the law’ with its proposed legal aid reforms and changes to the ‘no win, no fee’ arrangements, the Gazette has been told.”

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Law Society’s Gazette, 7th July 2011

Source: www.lawgazette.co.uk

Lawyers to boycott UK torture inquiry as rights groups label it a sham – The Guardian

Posted July 7th, 2011 in inquiries, intelligence services, news, rendition, torture, victims by sally

“The government’s plans for an inquiry into the UK’s role in torture and rendition after 9/11 are in disarray after human rights groups queued up to denounce it as a sham and lawyers for the victims said they were boycotting the hearings.”

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The Guardian, 6th July 2011

Source: www.guardian.co.uk

‘Gold-digger’ jailed over OAP con – The Independent

Posted July 7th, 2011 in fraud, news, recidivists, sentencing by sally

“A serial conwoman was back behind bars tonight after getting up to her ‘old tricks’ of befriending elderly men through lonely hearts columns before fleecing them of their savings.”

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The Independent, 6th July 2011

Source: www.independent.co.uk

Media needs to get facts straight on immigrants’ rights – The Guardian

Posted July 7th, 2011 in consultations, families, immigration, media, news by sally

“The news that the government is about to undertake a public consultation on family reunion policies for immigrants has been greeted with a barrage of inaccurate media reports. This is especially true when it comes to reporting on the current state of play in UK law and the use of article 8 of the European Convention on Human Rights (ECHR), which sets out a right to privacy and family life.”

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The Guardian, 6th July 2011

Source: www.guardian.co.uk

Top-100 firms concerned by Legal Services Act reforms – Law Society’s Gazette

Posted July 7th, 2011 in alternative business structures, law firms, news by sally

“Top law firms are coming under increasing pressure from clients to reduce fees, a poll has revealed, while a growing number fear that Legal Services Act reforms will pose a risk to profits.”

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Law Society’s Gazette, 6th July 2011

Source: www.lawgazette.co.uk