Lawyers to get tablet computers in move towards paperless courts – The Guardian

Posted December 2nd, 2011 in criminal justice, Crown Prosecution Service, electronic filing, news by tracey

“Judges, jurors and barristers are set to replace their traditional bundles of papers with iPad-style devices in an attempt to create paperless courts. Prosecutors will be given tablet devices that will contain all the evidence and documentation needed to conduct court hearings.”

Full story

The Guardian, 2nd December 2011

Source: www.guardian.co.uk

Lecturer spared jail after schoolgirl died taking drugs at his home – Daily Telegraph

Posted December 2nd, 2011 in drug abuse, drug offences, news, sentencing by tracey

“University lecturer Brian Dodgeon, who admitted possessing a hoard of Class A drugs at his house where a schoolgirl died, was spared jail today.”

Full story

Daily Telegraph, 2nd December 2011

Source: www.telegraph.co.uk

Groupon to be investigated by Office of Fair Trading – The Guardian

Posted December 2nd, 2011 in advertising, consumer protection, internet, news by tracey

“The Office of Fair Trading is to launch an investigation into Groupon after the daily deals website was found to have broken UK advertising regulations almost 50 times in less than a year.”

Full story

The Guardian, 2nd December 2011

Source: www.guardian.co.uk

Katie Price to pay Peter Andre damages for libel – BBC News

Posted December 2nd, 2011 in damages, defamation, news by tracey

“Model Katie Price has agreed to pay undisclosed libel damages to her ex-husband, the singer Peter Andre, over claims that he was unfaithful to her.”

Full story

BBC News, 2nd December 2011

Source: www.bbc.co.uk

Kenneth Clarke delays £350m legal aid cuts – The Guardian

Posted December 2nd, 2011 in budgets, legal aid, news by tracey

“Kenneth Clarke’s plans to slice £350m out of the annual legal aid budget appear to be losing momentum after the justice secretary unexpectedly announced a six-month delay to the programme.”

Full story

The Guardian, 1st December 2011

Source: www.guardian.co.uk

Priest who witnessed Iraqi detention could face prosecution – The Guardian

Posted December 2nd, 2011 in armed forces, clergy, Iraq, misfeasance in public office, news, torture, witnesses by tracey

“The director of public prosecutions has been asked to consider bringing criminal charges against a Roman Catholic priest who was found to have witnessed the shocking condition of a group of prisoners in Iraq, which included Baha Mousa, who was tortured to death, but did nothing to raise the alarm.”

Full story

The Guardian, 1st December 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 2nd, 2011 in law reports by tracey

Supreme Court

McGowan (Procurator Fiscal) v B (Scotland) [2011] UKSC 54 (23 November 2011)

Jude v Her Majesty’s Advocate (Scotland) (Rev 1) [2011] UKSC 55 (23 November 2011)

Court of Appeal (Civil Division)

Samarenko v Dawn Hill House Ltd [2011] EWCA civ 1445 (01 December 2011)

Oso v Newham University Hospital NHS Trust [2011] EWCA Civ 1423 (01 December 2011)

Francis v London Borough of Southwark [2011] EWCA Civ 1418 (01 December 2011)

Proactive Sports Management Ltd v Rooney & Ors [2011] EWCA Civ 1444 (01 December 2011)

MA & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 1446 (01 December 2011)

Court of Appeal (Criminal Division)

Aslam v R. [2011] EWCA Crim 2797 (01 December 2011)

Brown, R. v [2011] EWCA Crim 2796 (01 December 2011)

Gill, R. v [2011] EWCA Crim 2795 (01 December 2011)

Lyons v R [2011] EWCA Crim 2808 (01 December 2011)

High Court (Administrative Court)

Preston, R (on the application of) v Wandsworth Borough Council & Anor [2011] EWHC 3174 (Admin) (01 December 2011)

High Court (Chancery Division)

K/S Victoria Street (A Danish Partnership) v House of Fraser (Stores Management) Ltd & Ors [2011] EWHC 3179 (Ch) (01 December 2011)

High Court (Patents Court)

ITV Broadcasting Ltd & Ors v TVcatchup Ltd & Anor [2011] EWHC 2977 (Pat) (14 November 2011)

Source: www.bailii.org

 

 

Bar aiming to bypass ‘superfluous’ solicitors – Law Society’s Gazette

Posted December 2nd, 2011 in barristers, consultations, news, solicitors by tracey

“Solicitors are dismissed as ‘superfluous intermediaries’ in a new bar consultation paper which recommends making it easier for the public to bypass them and instruct barristers directly.”

Full story

Law Society’s Gazette, 2nd December 2011

Source: www.lawgazette.co.uk

Legal Services Commission v Henthorn – WLR Daily

Posted December 2nd, 2011 in barristers, fees, law reports, legal aid, limitations, repayment by tracey

Legal Services Commission v Henthorn: [2011] EWCA Civ 1415;  [2011] WLR (D)  343

” A claim for recoupment of alleged overpayment of money paid on account to counsel, in respect of work done under a civil legal aid certificate, was governed by regulation 100(8) of the Civil Legal Aid Regulations 1989, and the cause of action accrued from the date of the ‘assessment’ there referred to, and time did not start to run until that date, not when the work was completed by counsel.”

WLR Daily, 30th November 2011

Source: www.iclr.co.uk

Abdulla and others v Birmingham City Council – WLR Daily

Abdulla and others v Birmingham City Council: [2011] EWCA Civ 1412;  [2011] WLR (D)  342

“Where an equal pay claim under the Equal Pay Act 1970 was brought in an ordinary court within the six-year limitation period for bringing contract claims, the claim could not be struck out under section 2(3) of the 1970 Act on the grounds that it could be ‘more conveniently disposed of’ by an employment tribunal in circumstances where it was known to the court that the tribunal would have to decline jurisdiction to deal with the claim on the basis that it had been brought outside the six-month time limit for presenting an unequal pay complaint to the tribunal.”

WLR Daily, 29th November 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 2nd, 2011 in legislation by tracey

The Occupational Pensions (Revaluation) Order 2011

The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) (No.2) Order 2011

The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (No.2) Order 2011

The Black Country (Coroner’s District) Order 2011

Source: www.legislation.gov.uk

Government outlines plans for deregulation of consent regimes – OUT-LAW.com

Posted December 2nd, 2011 in news, planning by tracey

“The Government has announced new changes to the application procedure for consent regimes that fall outside the planning system, as suggested in a 2009 review of consents in England and Wales.”

Full story

OUT-LAW.com, 1st December 2011

Source: www.out-law.com

CPS statement on R v Mouncher and Others – Crown Prosecution Service

Posted December 2nd, 2011 in conspiracy, perverting the course of justice, police, press releases by tracey

“The CPS has today decided to discontinue proceedings in the trial of eight former police officers accused of conspiracy to pervert the course of justice.”

Full press release

Crown Prosecution Service, 1st December 2011

Source: www.cps.gov.uk

Bar Standards Board seeks to make it easier for members of the public to instruct barristers directly – Bar Standards Board

Posted December 2nd, 2011 in barristers, press releases, professional conduct by tracey

“The Bar Standards Board (BSB), the regulatory body for barristers in England and Wales, is consulting on amendments to its Code of Conduct for barristers following a review of its public access rules.”

Full press release

Bar Standards Board, 1st December 2011

Source: www.barstandardsboard.org.uk

Bar Council Welcomes Postponement of Competition Reforms but Urges Swift Settlement of Outstanding Advocates’ Fees – The Bar Council

Posted December 2nd, 2011 in barristers, competition, fees, press releases by tracey

“The Bar Council, which represents barristers in England and Wales, has welcomed much of today’s Written Ministerial Statement published by the Ministry of Justice (MoJ), which has announced substantial postponement of the implementation of planned price-based competition for the Criminal Defence Service.”

Full press release with link to the statement

The Bar Council, 1st December 2011

Source: www.barcouncil.org.uk

NHS watchdog under fire for ‘putting patient care at risk’ – The Guardian

Posted December 2nd, 2011 in health, hospitals, inquiries, news by tracey

“The watchdog responsible for overseeing the NHS has come under fire on multiple fronts, with counsel for the public inquiry into the Mid Staffs hospital scandal calling into question its leadership and ‘unhealthy organisational culture’ while the National Audit Office said its failures had risked ‘unsafe or poor quality (patient) care.’ ”

Full story

The Guardian, 2nd December 2011

Source: www.guardian.co.uk

Attorney General: Contempt – a balancing act – Attorney General’s Office

Posted December 2nd, 2011 in contempt of court, freedom of expression, media, speeches by tracey

“Attorney General Dominic Grieve QC MP at City University London: ‘Contempt – A Balancing Act.
Balancing the freedom of the press with the fair administration of justice.’ ”

Full speech

Attorney General’s Office, 1st December 2011

Source: www.attorneygeneral.gov.uk

Press has lost self-restraint on criminal cases, says attorney general – The Guardian

Posted December 2nd, 2011 in contempt of court, media, news by tracey

“Newspapers have lost any sense of self-restraint and are ignoring their responsibilities, the attorney general has warned in a speech on the risks of contempt of court.”

Full story

The Guardian, 2nd December 2011

Source: www.guardian.co.uk

 

‘Concerns’ over Kristiana Logina, killed by scalding shower – BBC News

“Health workers had been concerned about a mother who went on to kill her toddler by holding her under a scalding hot shower during the girl’s early life, a report has said.”

Full story

BBC News, 1st December 2011

Source: www.bbc.co.uk

 

John Dillon jailed for rape of grandmother in 1982 – BBC News

Posted December 2nd, 2011 in double jeopardy, news, rape, sentencing by tracey

“A man has been jailed for life under the double jeopardy law three decades after raping his own grandmother.”

Full story

BBC News, 1st December 2011

Source: www.bbc.co.uk