Planning policy versus the UN rights of the child – UK Human Rights Blog

Posted April 12th, 2013 in children, environmental protection, human rights, news, planning, travellers by sally

“As the judge explicitly recognised, this case raised the clash of two principles – how to resolve the policy-driven field of planning with the rights of family under Article 8 ECHR and of the child under Article 3 of the UN Convention on the Rights of the Child (UNCRC).”

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UK Human Rights Blog, 11th April 2013

Source: www.ukhumanrightsblog.com

Law firms cannot be held liable for disbursement costs, rules CoA – The Lawyer

Posted April 12th, 2013 in champerty, costs, fees, news, solicitors by sally

“Firms cannot automatically be held liable for costs when they have funded a claimant’s disbursements in a failed claim, the Court of Appeal has ruled.”

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The Lawyer, 11th April 2013

Source: www.thelawyer.com

Sapper Mark Smith death: Coroner calls for inquiry – BBC News

Posted April 12th, 2013 in armed forces, evidence, inquests, inquiries, news by sally

“A coroner has called for an inquiry to look at ‘systemic failures’ in an investigation into the death of a Kent soldier in Afghanistan.”

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BBC News, 11th April 2013

Source: www.bbc.co.uk

Glatt v Sinclair (Glatt and others intervening) – WLR Daily

Glatt v Sinclair (Glatt and others intervening) [2013] EWCA Civ 241; [2013] WLR (D) 134

“A court had power to make an order permitting a receiver appointed by the court under the Criminal Justice Act 1988 to recover remuneration, disbursements and expenses for work done relating to the receivership once the receivership order had been discharged.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

Defamation bill faces fresh attack from Conservatives – The Guardian

Posted April 12th, 2013 in bills, defamation, economic loss, freedom of expression, news by sally

“The defamation bill, which was last month threatened with obliteration after a political row over Leveson press reforms, is once again under attack, but this time by the Tories who want to get rid of two key sections.”

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The Guardian, 11th April 2013

Source: www.guardian.co.uk

Legal Services Board pledges to work better with regulators – Legal Week

Posted April 12th, 2013 in complaints, consumer protection, Legal Services Board, news by sally

“The Legal Services Board (LSB) has restated its intention to work better with industry regulators following a series of criticisms by bodies including the Solicitors Regulation Authority (SRA) and the Bar Standards Board (BSB).”

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Legal Week, 12th April 2013

Source: www.legalweek.com

Stobart lorry chief faces contempt trial – The Guardian

Posted April 12th, 2013 in contempt of court, injunctions, news, whistleblowers by sally

“The chief executive of Stobart Group, one of Britain’s biggest trucking companies, will go on trial for contempt after a whistleblower partially won a high court case against him and another executive.”

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The Guardian, 11th April 2013

Source: www.guardian.co.uk

EastEnders’ Gemma McCluskie murder: Man jailed for threats – BBC News

Posted April 12th, 2013 in malicious communications, news, sentencing by sally

“A man who claimed to have kidnapped a former EastEnders actress, later found to have been murdered by her brother, has been jailed for six months.”

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BBC News, 11th April 2013

Source: www.bbc.co.uk

Secretly-married priest jailed for sex assault on 17-year-old girl – The Independent

Posted April 12th, 2013 in abuse of position of trust, clergy, news, sentencing, sexual offences by sally

“A secretly-married priest who sexually assaulted a teenage girl in what a judge described as an ‘enormous breach of trust’ was today jailed for six months.”

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The Independent, 11th April 2013

Source: www.independent.co.uk

Mid Staffs hospital death prompts criminal investigation – The Guardian

Posted April 12th, 2013 in health & safety, hospitals, news, prosecutions by sally

“A criminal investigation has begun into the death of a diabetic woman at scandal-hit Stafford Hospital, the Health and Safety Executive (HSE) has said.”

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The Guardian, 12th April 2013

Source: www.guardian.co.uk

Teacher Amanda Whitfield who force-fed custard is banned – BBC News

Posted April 12th, 2013 in disciplinary procedures, news, special educational needs, teachers by sally

“A teacher who force-fed custard to a special needs child has been banned following a disciplinary hearing.”

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BBC News, 11th April 2013

Source: www.bbc.co.uk

Smartphone games with costly in-app add-ons prompt OFT scrutiny – The Guardian

Posted April 12th, 2013 in children, consumer protection, internet, news, telecommunications by sally

“Free iPad and smartphone games which can result in children running up hefty bills for their parents through expensive in-game features are to come under scrutiny from the Office of Fair Trading.”

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The Guardian, 12th April 2013

Source: www.guardian.co.uk

Disability discrimination and exclusions in Wales – 11 KBW

Posted April 11th, 2013 in disability discrimination, news, school exclusions, Wales by sally

“This paper sets out an overview of exclusions law, focusing in particular on permanent exclusions from maintained schools and disability discrimination claims.”

Full story (PDF)

11 KBW, 3rd April 2013

Source: www.11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 11th, 2013 in legislation by sally

The Universal Credit (Miscellaneous Amendments) Regulations 2013

The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2013

The General Medical Council (Fitness to Practise and Constitution of Panels and Investigation Committee) (Amendment) Rules Order of Council 2013

The Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013

The Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) Order 2013

The Criminal Justice Act 2003 (Conditional Cautions: Code of Practice) Order 2013

Source: www.legislation.gov.uk

The Future of commercial litigation: Bleak House or Great Expectations? – Littleton Chambers

Posted April 11th, 2013 in barristers, costs, fees, news, solicitors by sally

The Future of commercial litigation: Bleak House or Great Expectations? (PDF)

Littleton Chambers, 2nd April 2013

Source: www.littletonchambers.com

Damages-based agreements – Are you at risk of being sued? – Hardwicke Chambers

Posted April 11th, 2013 in damages, fees, news, solicitors, undersettlement by sally

“Damages-Based Agreements (‘DBAs’) became lawful on 1 April 2013 thanks to the Jackson reforms and more particularly the Damages-Based Agreements Regulations 2013. A DBA is a contingency fee arrangement whereby the lawyers can take a percentage of the damages (up to a maximum of 25% in personal injury cases, 35% in employment cases and 50% in most other cases).”

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Hardwicke Chambers, 2nd April 2013

Source: www.hardwicke.co.uk

Cold-call company ordered to pay £1,000 to man called 90 times in two months – Daily Telegraph

Posted April 11th, 2013 in claims management, compensation, insurance, news, telecommunications by sally

“A cold-call company has been ordered to pay a father £1,000 after it rang him more than 90 times in just two months asking if he wanted to reclaim mis-sold payment protection insurance (PPI).”

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Daily Telegraph, 10th April 2013

Source: www.telegraph.co.uk

It wasn’t my fault! Contributory negligence through the actions of others – Hardwicke Chambers

Posted April 11th, 2013 in agency, fraud, negligence, news, solicitors by sally

“An unresolved issue that has received little attention is whether a solicitor’s conduct could be attributed to his client as contributory negligence by that client in a claim brought against a different professional. If a claimant sues professional A for losses to which professional B also contributed, the normal course of events is for professional A to make a contribution claim against professional B. Professional A does not usually seek to attribute professional B’s conduct to the claimant in order to raise the defence of contributory negligence against the claimant. But it is easy to imagine circumstances in which the latter course would be attractive to professional A if available, for example if professional B is a man of straw whose insurers repudiate liability.”

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Hardwicke Chambers, 2nd April 2013

Source: www.hardwicke.co.uk

Pre-action correspondence and costs following discontinuance: a practical view from the Bar – Littleton Chambers

Posted April 11th, 2013 in civil procedure rules, costs, news, pre-action conduct by sally

“In his monthly column, James Bickford Smith considers the Court of Appeal’s decision in Nelson’s Yard Management Company and others v Eziefula [2013] EWCA Civ 235 and how a failure to respond to pre-action correspondence can justify departure from the default rules on costs following discontinuance.”

Full story (PDF)

Littleton Chambers,

Source: www.littletonchambers.com

Ex-Met PCSO Billy Wheatley jailed after admitting a catalogue of sex offences against children – the Independent

“A former Metropolitan Police community support officer with a history of sexual crime dating back to the age of 12 has been jailed after he secretly filmed himself abusing children.”

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The Independent, 11th April 2013

Source: www.indepedent.co.uk