Fraudulent claims – The net continues to close – Hardwicke Chambers

Posted April 23rd, 2013 in costs, fraud, insurance, news, personal injuries, solicitors, striking out by sally

“It seems that the courts – and in particular Central London Court – are taking an increasingly intolerant approach to fraudulent and exaggerated claims, and are visiting the consequences of such claims on the solicitors, as well as the unsuccessful claimant.”

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Hardwicke Chambers, 18th April 2013

Source: www.hardwicke.co.uk

Daejan Investment Limited v Benson et al [2013] UKSC 14 – Zenith Chambers

Posted April 23rd, 2013 in consultations, landlord & tenant, news, Supreme Court, tribunals, valuation by sally

“This important case deals with the approach a leasehold valuation tribunal (LVT) should take in relation to applications for dispensation from complying with the consultation requirements.”

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Zenith Chambers, 23rd April 2013

Source: www.zenithchambers.co.uk

Expert evidence and the amendments to CPR 35 – Hardwicke Chambers

Posted April 23rd, 2013 in civil procedure rules, costs, evidence, expert witnesses, news by sally

“The case of the Ikarian Reefer 1993 2 LILR 68, 81-82 is still the definitive case in respect of the duties and role of an expert witness and the introduction of the Civil Procedure Rules in 1999 was in part designed to reinforce that. In 2000 HHJ Toulmin further refined the definition in Anglo Group plc v Winther Brown & Co Ltd but in the last 10 or so years we have slipped back into old ways with partisan experts being allowed to provide wide ranging reports and encouraged by the parties to give opinions outside their actual remit.”

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Hardwicke Chambers, 18th April 2013

Source: www.hardwicke.co.uk

‘I’m sure that’s him’: Considering the Rules of Recognition Evidence – One Inner Temple Lane

Posted April 23rd, 2013 in closed circuit television, evidence, news, witnesses by sally

“Given the prevalence of CCTV cameras, it is perhaps of little surprise that recognition evidence is on the rise. This article will consider the relevant authorities, the ACPO Guidelines and PACE Code D, which together govern this form of evidence. Put simply, recognition evidence is the assertion by a police officer that they know an individual captured by CCTV, or still images, in the commission of an offence. This kind of evidence is potentially very dangerous, and, as such is only right that its use should be rigorously scrutinised and subject to strict regulation. This issue is common to a great many cases, but can be illustrated by the following example.”

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One Inner Temple Lane, 23rd April 2013

Source: www.1itl.com

Update from the Chairman: legal aid consultation – The Bar Council

Posted April 23rd, 2013 in barristers, consultations, fees, legal aid, news by sally

“Bar Council met on Saturday 20 April, for the first time since the consultation was published. It was attended by all the Circuit Leaders and the Criminal Bar Association’s Chairman and Vice-Chairman.”

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The Bar Council, 23rd April 2013

Source: www.barcouncil.org.uk

Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice

Posted April 23rd, 2013 in consultations, delay, fees, immigration, judicial review, news, planning by sally

“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today by Justice Secretary Chris Grayling.”

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Ministry of Justice, 23rd April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Dale Farm protester awarded damages – Daily Telegraph

Posted April 23rd, 2013 in assault, damages, demonstrations, detention, false imprisonment, human rights, news by sally

“A protester arrested at the Dale Farm traveller eviction will receive undisclosed damages after she complained she was left in a police van for too long.”

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Daily Telegraph, 23rd April 2013

Source: www.telegraph.co.uk

Bar Council welcomes House of Lords report on EU Opt-out – The Bar Council

Posted April 23rd, 2013 in barristers, EC law, intelligence services, news, parliament, police, reports by sally

“The Bar Council, which represents barristers in England and Wales, has welcomed the finding of the House of Lords EU Committee that the Government has not made a convincing case to opt-out of about 130 EU police and criminal justice measures and that to do so would have significant negative repercussions for the UK’s internal security.”

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The Bar Council, 23rd April 2013

Source: www.barcouncil.org.uk

UK Government begins legal challenge to European financial transaction tax – OUT-LAW.com

Posted April 23rd, 2013 in banking, EC law, news, taxation by sally

“The UK Government is challenging a proposed financial transaction tax (FTT) between 11 EU member states, saying that the plans do not respect the rights of countries not participating in the regime.”

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OUT-LAW.com, 22nd April 2013

Source: www.out-law.com

Teacher Russell Singleton jailed for spying on girls in bathroom – BBC News

“A teacher who filmed girls and women, using a hidden camera in the bathroom at his home, has been jailed.”

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BBC News, 22nd April 2013

Source: www.bbc.co.uk

Domestic Violence – Breaking the Cycle, Prevention and Supporting Victims – Ministry of Justice

Posted April 23rd, 2013 in crime prevention, domestic violence, news, speeches, victims by sally

“Speech by Helen Grant MP, Parliamentary Under Secretary of State Originally given at Capita Conference, London. This is a transcript of the speech, exactly as it was delivered.”

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Ministry of Justice, 22nd April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Rochdale care homes to sue council leader for suggesting children not safe after grooming scandal – Daily Telegraph

Posted April 23rd, 2013 in care homes, children, defamation, local government, news by sally

“Two private care home operators are attempting to sue the leader of the council at the centre of the Rochdale child grooming scandal for libel after he suggested vulnerable children would not be safe in the area.”

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Daily Telegraph, 22nd April 2013

Source: www.telegraph.co.uk

Cost budget revisions to fix mistakes unlikely to be allowed, says judge – OUT-LAW.com

Posted April 23rd, 2013 in budgets, costs, mistake, news by sally

“Parties to civil litigation must be able to properly justify the need to make any changes to an approved costs budget, a High Court judge has warned.”

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OUT-LAW.com, 22nd April 2013

Source: www.out-law.com

Iraq Inquiry: Inject urgency to complete report, peers urge – BBC News

Posted April 23rd, 2013 in armed forces, delay, inquiries, Iraq, news, reports by sally

“Peers have called for a speedy conclusion to the Iraq Inquiry amid growing dissatisfaction with the length of time it is taking to report.”

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BBC News, 22nd April 2013

Source: www.bbc.co.uk

Teacher’s human rights breached by unproven allegations disclosure – Daily Telegraph

Posted April 23rd, 2013 in criminal records, disclosure, human rights, news, police, teachers, vetting by sally

“The PE teacher has not worked for more than two years because the allegation remained on his record even though police investigated and took no action.”

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Daily Telegraph, 22nd April 2013

Source: www.telegraph.co.uk

The spanner of “human dignity” in the wheels of modern medicine – UK Human Rights Blog

Posted April 23rd, 2013 in EC law, embryology, news, patents by sally

“The EU bans the patenting of human embryos for commercial purposes. This ban is implemented in national law via the 1977 Patents Act. But what precisely is a ‘human embryo’ for the purposes of the Biotech Directive? Or, put another way, must the process involving embryonic stem cells be capable of developing into a human being, before the ban can bite?”

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UK Human Rights Blog, 22nd April 2013

Source: www.ukhumanrightsblog.co.uk

Government will be mightily relieved at decision to uphold political ads ban – The Guardian

“The court’s decision turned on the judges’ assessment of what restrictions are necessary in a democratic society.”

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The Guardian, 22nd April 2013

Source: www.guardian.co.uk

Judicial review controls unveiled – BBC News

Posted April 23rd, 2013 in civil justice, fees, immigration, judicial review, news, planning by sally

“Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions.”

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BBC News, 23rd April 2013

Source: www.bbc.co.uk

Government U-turn on defamation bill heralds libel reform victory – The Guardian

Posted April 23rd, 2013 in bills, defamation, news, whistleblowers by sally

“A three-year campaign to reform Britain’s ‘chilling’ libel laws is days away from victory after the government did a U-turn on a key proposal which would prevent companies using defamation laws to silence their critics.”

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The Guardian, 22nd April 2013

Source: www.guardian.co.uk

15 trials and 42 court hearings adjourned as barristers boycott crown courts in protest at plans to slash legal aid bill – The Independent

Posted April 23rd, 2013 in barristers, Crown Court, demonstrations, industrial action, legal aid, news by sally

“More than 400 barristers boycotted crown courts in northern England today in what was described as the first militant action against Government plans to slash the criminal legal aid bill by millions.”

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The Independent, 22nd April 2013

Source: www.independent.co.uk