Lasting powers of attorney applications to be made simpler and easier – Ministry of Justice

Posted August 22nd, 2014 in internet, powers of attorney, press releases by tracey

‘Lasting powers of attorney will be easier and simpler for people to make, Justice Minister Simon Hughes announces.’

Full press release

Ministry of Justice, 21st August 2014

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

Carter-Ruck granted relief from sanctions after solicitor “misread” CPR – Litigation Futures

Posted August 22nd, 2014 in case management, civil procedure rules, costs, news, solicitors, time limits by tracey

‘The High Court this week granted libel specialists Carter-Ruck relief from sanctions after an assistant solicitor “misread” the Civil Procedure Rules and was almost four months late in sending out a funding notice.’

Full story

Litigation Futures, 22nd August 2014

Source: www.litigationfutures.com

Barristers’ clerks leader condemns “scandalous” local authority portal scheme – Legal Futures

Posted August 22nd, 2014 in barristers, barristers' clerks, fees, local government, news, tenders by tracey

‘A barrister portal scheme operated by the North West Legal Consortium, a group of over 30 local authorities, has been condemned as “scandalous” by the Institute of Barristers’ Clerks (IBC).’

Full story

Legal Futures, 22nd August 2014

Source: www.legalfutures.co.uk

New guidance for instruction of experts in civil claims 2014 – Judiciary of England and Wales

Posted August 22nd, 2014 in expert witnesses, press releases by tracey

‘New guidance for instruction of experts in civil claims 2014 – 15 August 2014

The Civil Justice Council guidance for the instruction of experts in civil claims has been published – 21 August 2014 update

Some minor additions have been made to this new CJC Guidance (with new paragraphs 31, 61 and 87 added).’

Full press release

Judiciary of England and Wales, 21st August 2014

Source: www.judiciary.gov.uk

In re P (A Child) (Adoption: Step-Parent’s Application) – WLR Daily

Posted August 22nd, 2014 in adoption, children, consent, human rights, law reports, proportionality by tracey

In re P (A Child) (Adoption: Step-Parent’s Application); [2014] EWCA Civ 1174; [2014] WLR (D) 381

‘In an adoption application, the key to the approach both to evaluating the needs of a child’s welfare throughout his or her life and to dispensing with parental consent was proportionality. Although the same statutory provisions in respect of welfare and consent, namely sections 1 and 52 of the Adoption and Children Act 2002, applied to an application to adopt by a step-parent, a distinction was to be drawn between adoption in the context of compulsory and permanent placement outside the family against the wishes of the child’s parents, and a step-parent adoption where the child was remaining in the care of one or other of his parents.’

WLR Daily, 15th August 2014

Source: www.iclr.co.uk

Beezadhur v Independent Commission against Corruption and another – WLR Daily

Posted August 22nd, 2014 in banking, constitutional law, law reports, money laundering by tracey

Beezadhur v Independent Commission against Corruption and another; [2014] UKPC 27; [2014] WLR (D) 380

‘Where a statute aimed at the prevention of money-laundering prohibited the depositing of cash sums above a specified limit save where it was “commensurate with the lawful business activities of the customer”, a customer could not claim that cash sums above the limited regularly deposited by him from his pension were deposits from his “business activities”.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Charity Commission for England and Wales v Framjee and another – WLR Daily

Posted August 22nd, 2014 in charities, Charity Commission, internet, law reports, trusts by tracey

Charity Commission for England and Wales v Framjee and another; [2014] EWHC 2507 (Ch); [2014] WLR (D) 340

‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk

Regina (Panesar) v Central Criminal Court and another – WLR Daily

Regina (Panesar) v Central Criminal Court and another; [2014] EWHC 2821 (Admin); [2014] WLR (D) 382

‘Notwithstanding that the material in question had been seized without good grounds and that the relevant warrants had been quashed, the Crown Court enjoyed jurisdiction to hear an application that material held subsequent to seizure in execution of search warrants should be retained by an investigating authority.’

WLR Daily, 14th August 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 22nd, 2014 in law reports by tracey

High Court (Chancery Division)

Tadros & Anor v Barratt & Ors [2014] EWHC 2860 (Ch) (21 August 2014)

The Co-Operative Bank Plc v Phillips [2014] EWHC 2862 (Ch) (21 August 2014)

High Court (Queen’s Bench Division)

Yeo MP v Times Newspapers Ltd [2014] EWHC 2853 (QB) (20 August 2014)

Source: www.bailii.org 

Lawyers critical of free mediation scheme – Law Society’s Gazette

Posted August 22nd, 2014 in budgets, dispute resolution, divorce, legal aid, news, solicitors by tracey

‘The government’s scheme to fund a free mediation session for separating couples will do little to increase the number of people resolving disputes out of court, lawyers have claimed.’

Full story

Law Society’s Gazette, 21st August 2014

Source: www.lawgazette.co.uk

Derby Moor teacher David Foster banned for punching and swearing at pupils – BBC News

‘A teacher has been banned indefinitely after he swore at pupils, punched them and called them offensive names.’

Full story

BBC News, 21st August 2014

Source: www.bbc.co.uk

Sentence given to killer of former girlfriend’s baby to be reviewed – The Guardian

‘A nine-year jail term given to the killer of his then girlfriend’s baby will be reviewed by the court of appeal amid complaints the sentence was not long enough.’

Full story

The Guardian, 22nd August 2014

Source: www.guardian.co.uk

Doctors who harm patients face ‘tougher sanctions’ – BBC News

Posted August 22nd, 2014 in disciplinary procedures, doctors, news, professional conduct by tracey

‘Doctors who make mistakes in the care of their patients could face tougher sanctions, under plans being considered by the General Medical Council.’

Full story

BBC News, 22nd August 2014

Source: www.bbc.co.uk

Gang jailed for stealing bank card details worth £16m – The Guardian

Posted August 21st, 2014 in conspiracy, fraud, gangs, guilty pleas, news, sentencing, theft by tracey

‘A gang of fraudsters have been jailed for between 21 and 64 months for stealing bank card details potentially worth up to £16m from more than 60,000 people in the UK and abroad.’

Full story

The Guardian, 21st August 2014

Source: www.guardian.co.uk

Policeman told girlfriend of confidential drugs top-off – BBC News

Posted August 21st, 2014 in misfeasance in public office, news, police, sentencing by tracey

‘An ex-police officer who used confidential information to tip off his girlfriend about her brother being reported for drug offences has been jailed for 17 months.’

Full story

BBC News, 21st August 2014

Source: www.bbc.co.uk

Undercover police officers will not face sex charges – BBC News

Posted August 21st, 2014 in evidence, news, police, prosecutions, psychiatric damage, sexual offences, women by tracey

‘Four undercover police officers accused of starting relationships with women will not face sexual offence charges, prosecutors have said.’

Full story

BBC News, 21st August 2014

Source: www.bbc.co.uk

Charging decision concerning MPS Special Demonstration Squad – Crown Prosecution Service

Posted August 21st, 2014 in press releases by tracey

‘The CPS received a file in relation to a number of police officers under Operation Aubusson, a subset of Operation Herne, which is an investigation into the activities of the Metropolitan Police Service’s Special Demonstration Squad. The evidence in this case relates to alleged sexual misconduct. In reviewing the case we have considered whether there is sufficient evidence to allow charges of rape, indecent assault, procuring a woman to have sexual intercourse by false pretences, misconduct in public office and breaches of the Official Secrets Act.’

Full press release

Crown Prosecution Service, 21st August 2014

Source: www.cps.gov.uk

Costs and forfeiture – NearlyLegal

Posted August 21st, 2014 in costs, forfeiture, landlord & tenant, news, tribunals by tracey

‘Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber).’

Full story

NearlyLegal, 21st August 2014

Source: www.nearlylegal.co.uk/blog/

Tribunals to rule on disputes over re-use of public sector information – OUT-LAW.com

Posted August 21st, 2014 in data protection, EC law, news, tribunals by tracey

‘Information rights tribunals will be able to provide binding rulings on public bodies’ re-use of non-personal information under new plans unveiled by the UK government’

Full story

OUT-LAW.com, 20th August 2014

Source: www.out-law.com

What’s happened since the Family Justice Review: a brighter future for family justice – Ministry of Justice

Posted August 21st, 2014 in civil justice, family courts, reports by tracey

‘This update from the government sets out the progress made since the family justice review was published in 2011.’

Full update

Ministry of Justice, 20th August 2014

Source: www.justice.gov.uk