MoJ rules out further reform of legal services regulation – Law Society’s Gazette

Posted May 2nd, 2014 in consultations, legal profession, legal services, news by tracey

‘The government has ruled out immediate further changes to the framework for legal services regulation following the wide-ranging review launched by the Ministry of Justice last June.’

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Law Society’s Gazette, 1st May 2014

Source: www.lawgazette.co.uk

Woman guilty of luring ‘vulnerable’ girls into prostitution – BBC News

‘A woman who used drugs and alcohol to lure “weak and vulnerable” girls into a life of prostitution has been found guilty of running a child sex ring.’

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BBC News, 1st May 2014

Source: www.bbc.co.uk

Mentally-ill woman has Caesarean after court ruling – BBC News

Posted May 2nd, 2014 in birth, consent, Court of Protection, mental health, news by tracey

‘A mentally-ill woman has given birth by Caesarean section after a judge ruled doctors could perform the procedure. The woman, who is in her 30s and has a psychotic disorder, had a liver condition which posed a risk to her and her baby, doctors said.’

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BBC News, 1st May 2014

Source: www.bbc.co.uk

Settlements approved for families of 10 children made seriously ill by Godstone Farm E. coli outbreak – The Independent

Posted May 2nd, 2014 in animals, children, compensation, news, personal injuries by tracey

‘Families of the 10 young children most seriously affected by Britain’s worst E. coli farm outbreak were approved settlements today, closing the door on an incident that the parents described as “a living nightmare for all”.’

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The Independent, 1st May 2014

Source: www.independent.co.uk

Man guilty of murdering grandmother in her east London home – BBC News

Posted May 2nd, 2014 in murder, news, sentencing by tracey

‘A gambling addict has been found guilty of murdering a 77-year-old grandmother in east London. Thomas Blazquez, 51, from South Woodford, killed Rosemary Shearman in her Hornchurch home on 3 September.’

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BBC News, 1st May 2014

Source: www.bbc.co.uk

Neo-Nazi terrorist jailed for plotting to blow up Merseyside mosques – The Guardian

Posted May 2nd, 2014 in explosives, news, racism, sentencing, terrorism by tracey

‘A Nazi sympathiser who planned to blow up mosques in Merseyside has been jailed for 10 years. Ian Forman, 42, from Birkenhead, was convicted of engaging in conduct in preparation of terrorist acts following an 11-day trial in March.’

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The Guardian, 1st May 2014

Source: www.guardian.co.uk

Barristers’ legal aid rebellion ‘risks collapse’ of top fraud cases – The Guardian

Posted May 2nd, 2014 in barristers, budgets, fees, fraud, legal aid, news, trials by tracey

‘A series of high-profile fraud prosecutions are at risk of collapse after a crown court judge halted a trial because specialist barristers are refusing to represent defendants in protest at 30% cuts in legal aid fees.’

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The Guardian, 1st May 2014

Source: www.guardian.co.uk

Mother escapes fine for taking children out of school to go on holiday because they were star pupils – Daily Telegraph

Posted May 2nd, 2014 in fines, holidays, news, parental responsibility, school children by tracey

‘The mother of two, who was prosecuted for taking her two children out of school for five days to go to a UK holiday camp, does not have to pay a fine because the children’s education is “well up to standard”, court hears.’

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Daily Telegraph, 2nd May 2014

Source: www.telegraph.co.uk

Constance Briscoe guilty of lying to police in Chris Huhne case – BBC News

Posted May 1st, 2014 in barristers, news, perverting the course of justice, retrials by sally

‘Barrister Constance Briscoe has been found guilty of lying to police probing former cabinet minister Chris Huhne’s speeding points case.’

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BBC News, 1st May 2014

Source: www.bbc.co.uk

Serious fraud trial halted amid legal row – BBC News

Posted May 1st, 2014 in barristers, fraud, legal aid, legal representation, news, trials by sally

‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because of cuts to legal aid.’

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BBC News, 1st May 2014

Source: www.bbc.co.uk

Consultation Paper on Changes to the Guidance on Returning Instructions – Response on Behalf of the Bar Liaison Committee of the Honourable Society of the Inner Temple – The Inner Temple

Posted May 1st, 2014 in barristers, consultations, fees, inns of court, news by sally

Consultation Paper on Changes to the Guidance on Returning Instructions – Response on Behalf of the Bar Liaison Committee of the Honourable Society of the Inner Temple (PDF)

The Inner Temple, April 2014

Source: www.innertemple.org.uk

Evolution or revolution – are we ready for a single legal services regulator? – Legal Services Board

Posted May 1st, 2014 in legal profession, legal services, Legal Services Board, news by sally

Evolution or revolution – are we ready for a single legal services regulator? (PDF)

David Edmonds, Chairman, Legal Services Board

Modern Law Magazine Conference, 29th April 2014

Source: www.legalservicesboard.org.uk

Regina v White (Anthony) – WLR Daily

Regina v White (Anthony) [2014] EWCA Crim 714; [2014] WLR (D) 175

‘If a defendant, wrongly charged with offences contrary to section 16(1) of the Theft Act 1968, rather than under section 15A of the 1968 Act, was prepared to admit his dishonest transactions in relation to mortgage advances, it would be wrong to permit him to evade the consequences of his behaviour by refusing to substitute conviction of the correct offence simply in order to punish the prosecution for its egregious failures in relation to charging.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

Jafri v Lincoln College – WLR Daily

Posted May 1st, 2014 in appeals, employment, employment tribunals, law reports by sally

Jafri v Lincoln College [2014] EWCA Civ 449; [2014] WLR (D) 178

‘When the Employment Appeal Tribunal detected a legal error by an employment tribunal, it had to remit the case unless it was able, without itself making any factual assessment or judgment as to the merits, either to conclude that the error could not have affected the result, or to conclude what different result there must have been without the error.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

Dhooharika v Director of Public Prosecutions (Commonwealth Lawyers Association intervening) – WLR Daily

Posted May 1st, 2014 in contempt of court, crime, law reports, media, Privy Council by sally

Dhooharika v Director of Public Prosecutions (Commonwealth Lawyers Association intervening) [2014] UKPC 11; [2014] WLR (D) 179

‘The common law offence of scandalising the court, a species of contempt of court which although abolished by statute in England and Wales continued to exist in many parts of the common law world, was “reasonably justifiable in a democratic society” within the meaning of section 12 of the Constitution of Mauritius.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

Kásler and another v OTP Jelzálogbank Zrt – WLR Daily

Kásler and another v OTP Jelzálogbank Zrt (Case C‑26/13); [2014] WLR (D) 180

‘The expression the “main subject matter of a contract” in article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts covered a term, incorporated in a loan agreement denominated in foreign currency concluded between a seller or supplier and a consumer and not individually negotiated, pursuant to which the selling rate of exchange of that currency was applied for the purpose of calculating the repayment instalments for the loan, only in so far as it was found, which it was for the national court to ascertain, that that term laid down an essential obligation of that agreement which characterised it. Such a term, in so far as it contained a pecuniary obligation for the consumer to pay, in repayment of instalments of the loan, the difference between the selling rate of exchange and the buying rate of exchange of the foreign currency, could not be considered as “remuneration” the adequacy of which as consideration for a service supplied by the lender could not be the subject of an examination as regards unfairness under article 4(2) of Directive 93/13.’

WLR Daily, 30th April 2014

Source: www.iclr.co.uk

The Nanny State – legislating on health and morality – Halsbury’s Law Exchange

Posted May 1st, 2014 in crime, health, human rights, news, public interest by sally

‘“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant… Over his own body and mind, the individual is sovereign.”

The above principle laid down by John Stuart Mill is a cornerstone of liberal political and jurisprudential thought. Mill argued that, provided you cause no harm to others, you should be free to do what you like with your own body and life. This is what the right to personal autonomy and self-determination means; and it is a right which is being steadily, and quietly, eroded. If liberty, as Mill said, consists in the freedom to do everything which injures no one else, then we are already not free – and if the current trend of legislating on public health and morals continues the residual liberty we do enjoy will be diminished.’

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Halsbury’s Law Exchange, 30th April 2014

Source: www.halsburyslawexchange.co.uk

Disclosure of medical records breached patient’s human rights – Strasbourg – UK Human Rights Blog

Posted May 1st, 2014 in disclosure, human rights, medical records, news, privacy by sally

‘The release of confidential patient details to a state medical institution in the course of her negotiations with a hospital over a lawsuit was an unjustified interference with her right to respect for private life under Article 8.’

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UK Human Rights Blog, 30th April 2014

Source: www.ukhumanrightsblog.com

Stop and search power to be overhauled amid fears is it affront to justice – Daily Telegraph

‘Stop and search powers are to be overhauled after Theresa May warned police abuse of the power was an “unacceptable affront to justice”.’

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Daily Telegraph, 20th April 2014

Source: www.telegraph.co.uk

900,000 crimes, including rape, not pursued by police in 2013 – The Independent

Posted May 1st, 2014 in crime, news, police, rape, reports, statistics by sally

‘Nearly a million criminal offences including rape have gone unrecorded by police in a single year, according to a damning report that could see the 20-year decline in recorded crime reversed when accurate statistics are calculated.’

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The Independent, 1st May 2014

Source: www.independent.co.uk