EVENT: UCL – The Implied Term of Honesty and Fair dealing

Posted July 30th, 2013 in Forthcoming events by sally

“The subject concerns the introduction of implied obligations with respect to the performance of contracts, particularly with respect to types of contracts that are sometimes described as relational contracts (such as agency, distributorship, and employment). In particular I plan to consider the nature of these implied obligations and their relation to the idea of good faith, whether these obligations are terms implied in fact or in law, which in turn raises questions about the category of relational contracts itself.”

Date: Thursday 10th October 2013, 6.00-7.oopm

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free

More information can be found here.

EVENT: Law Society – Financial Transaction Tax Debate

Posted July 30th, 2013 in Forthcoming events by sally

“When Financial Transaction Tax was initially proposed by James Tobin in the early 1970s it seemed unlikely that the plans would materialise. However, current proposals which would see a 0.1% levy on trading shares and bonds and a 0.01% tax on derivatives have been welcomed by 11 countries in the European Union.

The debate will look at the implications and likelihood of imposing Financial Transaction Tax in the UK.

This event is open to both members of the Law Society and the public. This debate is recommended for anyone interested in the debate topic, including:
– Law Society members
– Corporate Counsel
– Academics”

CPD hours: 1.5

Date: Thursday 12th September 2013, 6.30-8.45pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: Free

More information can be found here.

EVENT: IALS – Electronic Evidence in Fraud Cases

Posted July 30th, 2013 in Forthcoming events by sally

“Christopher Docksey, Director of the Office of theEuropean Data Protection Supervisor – Update and current impications of the EU data legislative reforms

Dr Ian Walden, Professor of Information and Communications Law, Head, Institute of Computer and Communications Law – The Challenges of Cloud-derived Evidence

Stephen Mason, Institute of Advanced Legal Studies – Electronic banking and how courts approach the burden of proof

Chair: Dr Simone White, Legal officer on OLAF, European Commission’s Anti-Fraud Office, Associate Fellow at the Institute of Advanced Legal Studies.”

Date: Tuesday 5th November 2013, 2.00-5.30pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

EVENT: IALS – Fighting Economic Crime in the Modern World: The role of the private sector – partners and problems

Posted July 30th, 2013 in Forthcoming events by sally

“This year the Cambridge International Symposium on Economic Crime will celebrate its thirty-first year. It is a testament to the Symposium’s unique blend of relevance, practicality and topicality that over the years it has enjoyed the support of so many institutions and experts around the world. It also attests to the deep concern of governments and financial and other institutions as to the extent of the risks to stability and security thrown up by economic crime and in particular organised crime. The annual Cambridge Symposium is a truly unique event which over the years has made an unrivalled contribution to understanding the real issues involved in preventing and controlling economically motivated serious crime. As a respected and trusted international forum and network, it has also made an impressive and meaningful contribution to fostering international co-operation and promoting mutual understanding and goodwill.”

Date: 1st – 8th September 2013

Location: Jesus College, University of Cambridge

Charge: see website for details

More information can be found here.

EVENT: Birkbeck – Hate Crime Consultation Discussion Forum

Posted July 30th, 2013 in Forthcoming events by sally

“The Law Commission has recently opened a public consultation on whether to expand existing hate crime laws in England and Wales. The proposals would extend laws that currently cover hate based on race and religion to also include disability, sexual orientation and gender identity.

In response to the consultation, Birkbeck School of Law and the Birkbeck Gender & Sexuality Group (BiGS) are hosting a discussion forum to consider the following questions:

– How might we respond to the Law Commission’s proposals?
– Is harsher sentencing an appropriate response to hate-motivated violence and hatred-inciting speech?– Is the consultation’s focus on sentencing too narrow? What issues are missing?
– What strategies should be prioritised in preventing, addressing and responding to hate-motivated violence?”

Date: Thursday 8th August 2013, 3.00-5.30pm

Location: Room G15, Malet St Building, Birkbeck, University of London

Charge: Free, registration required

More information can be found here.

BAILII: Recent Decisions

Posted July 30th, 2013 in law reports by sally

Court of Appeal (Civil Division)

L1 v Secretary of State for the Home Department [2013] EWCA Civ 906 (29 July 2013)

The United Road Transport Union, R (on the application of) v Secretary of State for Transport [2013] EWCA Civ 962 (29 July 2013)

Francis v Brent Housing Partnership Ltd & Ors [2013] EWCA Civ 912 (29 July 2013)

Smith v Bottomley & Anor [2013] EWCA Civ 953 (29 July 2013)

K v London Borough of Brent & Ors [2013] EWCA Civ 926 (29 July 2013)

The Financial Conduct Authority v Hobbs [2013] EWCA Civ 918 (29 July 2013)

High Court (Queen’s Bench Division)

Thomas Cook Tour Operations Ltd & Anor v Louis Hotels S.A [2013] EWHC 2139 (QB) (29 July 2013)

High Court (Administrative Court)

Beech v Timney & Anor [2013] EWHC 2226 (Admin) (29 July 2013)

Irving & Anor v Darbyshire & Ors [2013] EWHC 2301 (Admin) (29 July 2013)

HM Attorney General v Davey [2013] EWHC 2317 (Admin) (29 July 2013)

High Court (Family Division)

Surrey County Council v A-H (Children) & Ors [2013] EWHC 2190 (Fam) (22 July 2013)

K (A Child: Wardship: Publicity) [2013] EWHC B11 (Fam) (25 July 2013)

Surrey County Council v A-H (Children) & Ors [2013] EWHC 2299 (Fam) (26 July 2013)

Source: www.bailii.org

John Stanton: The General Power of Competence and Reshaping Local Public Service Provision – UK Constitutional Law Group

Posted July 30th, 2013 in budgets, government departments, local government, news by sally

“I wrote back in March about the way in which, despite efforts to decentralise autonomy to the local level and to inspire and empower citizens to get involved in local politics, Central Government seems reluctant to ‘let go’ and to give local authorities a free rein in relation to the exercise of local powers. New neighbourhood planning measures provided suitable example.”

Full story

UK Constitutional Law Group, 27th July 2013

Source: www.ukconstitutionallaw.org

Legal Aid cheats to have cars seized to pay costs – Ministry of Justice

Posted July 30th, 2013 in assets recovery, legal aid, news, proceeds of crime by sally

“From today criminals who deliberately cheat the system and leave taxpayers to foot their legal aid bill, despite being able to pay, face having their cars seized.”

Full story

Ministry of Justice, 30th July 2013

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

Fenty and others v Arcadia Group Brands Ltd (trading as Topshop) and another – WLR Daily

Fenty and others v Arcadia Group Brands Ltd (trading as Topshop) and another [2013] EWHC 1945 (Ch); [2013] WLR (D) 310

“Evidence in a trade mark and passing off case of the factual circumstances of a trade by a person in that trade, even when they deployed their experience in that trade to bolster their evidence, was not necessarily expert evidence within the meaning of CPR Pt 35.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Regina (Modaresi) v Secretary of State for Health and others – WLR Daily

Regina (Modaresi) v Secretary of State for Health and others [2013] UKSC 53; [2013] WLR (D) 309

“The Secretary of State for Health had not acted unlawfully in refusing to exercise his statutory discretion to refer the case of a detained patient to a mental health review tribunal for review in circumstances where the patient had a right to make an application to the tribunal herself.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina (HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same [2013] EWCA Civ 920; [2013] WLR (D) 308

“The Government’s proposed strategy for the promotion, construction and operation of a new high speed rail network, as set out in a command paper and followed after consultation by an announcement of decisions and next steps, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) so as to necessitate an environmental assessment within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

South Lanarkshire Council v Scottish Information Commissioner – WLR Daily

South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55; [2013] WLR (D) 307

“Whether processing personal data was ‘necessary’ within the meaning of condition 6 in Schedule 2 to the Data Protection Act 1998 was to be determined as part of the proportionality test established in European Union law so that a measure which interfered with a right protected by such law had to be the least restrictive for the achievement of a legitimate aim.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Barristers to be able to conduct litigation from January 2014 – Local Government Lawyer

Posted July 30th, 2013 in barristers, codes of practice, news, self-employment by sally

“Self-employed barristers will be able to apply for an extension to their practising certificate to conduct litigation from January 2014, the Bar Standards Board has said.”

Full story

Local Government Lawyer, 29th July 2013

Source: www.localgovernmentlawyer.co.uk

Guidelines needed to help lawyers provide a better service to people with learning disabilities

“A lack of experience in dealing with people with learning disabilities means lawyers often struggle to provide this vulnerable client group with the specialist support they need, according to new research published today.”

Full story (PDF)

Legal Services Board, 29th July 2013

Source: www.legalservicesboard.org.uk

New measures to clamp down on legal aid cheats – Ministry of Justice

Posted July 30th, 2013 in assets recovery, enforcement, legal aid, news, proceeds of crime by sally

“New measures launched today will see those criminals who deliberately cheat the system and leave taxpayers to foot their legal aid bill, despite being able to pay, face having their cars seized.”

Full story

Ministry of Justice, 30th July 2013

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

Tough new laws on aggressive bailiffs – Ministry of Justice

Posted July 30th, 2013 in bailiffs, bills, consultations, news, repossession by sally

“Tough new laws designed to protect the public from aggressive bailiffs are being implemented by Government.”

Full story

Ministry of Justice, 30th July 2013

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

South Lanarkshire Council (Appellant) v The Scottish Information Commissioner (Respondent) (Scotland) – Supreme Court

South Lanarkshire Council (Appellant) v The Scottish Information Commissioner (Respondent) (Scotland) [2013] UKSC 55 | UKSC 2012/0126 (YouTube)

Supreme Court, 29th July 2013

Source: www.youtube.com/user/UKSupremeCourt

BSB welcomes QASA approval – Bar Standards Board

Posted July 30th, 2013 in barristers, news, quality assurance by sally

“The Bar Standards Board welcomes the formal approval by the Legal Services Board (LSB) of the Quality Assurance Scheme for Advocates (QASA).”

Full story

Bar Standards Board, 29th July 2013

Source: www.barstandardsboard.org.uk

Making the Most of Direct Access – Criminal Law and Justice Weekly

Posted July 30th, 2013 in barristers, costs, news, solicitors by sally

“Simon Myerson QC explains the benefits of a web site bringing barristers and the public together.”

Full story

Criminal Law and Justice Weekly, 27th July 2013

Source: www.criminallawandjustice.co.uk

Two jurors jailed for contempt of court after misusing internet during trials – The Guardian

Posted July 30th, 2013 in contempt of court, juries, news, sentencing by sally

“Two jurors have both been jailed for two months after being found guilty of contempt of court for misusing the internet during crown court trials.”

Full story

The Guardian, 29th July 2013

Source: www.guardian.co.uk