Independent review shows Bar Standards Board’s complaints handling process “fair, consistent, and well-reasoned” – Bar Standards Board

Posted September 19th, 2014 in barristers, complaints, professional conduct, reports by tracey

‘Decisions made by the Bar Standards Board’s Professional Conduct Department, which deals with complaints about professional misconduct by barristers, are “fair, consistent, and well-reasoned”, according to an independent review of the regulator’s enforcement system.’

Full report

Bar Standards Board, 19th September 2014

Source: www.barstandrdsboard.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 19th, 2014 in legislation by tracey

The Anti-social Behaviour, Crime and Policing Act 2014 (Consequential Amendments) Order 2014

The National Minimum Wage (Amendment) (No. 2) Regulations 2014

The Community Interest Company (Amendment) Regulations 2014

The Enterprise and Regulatory Reform Act 2013 (Commencement No. 7 and Amendment) Order 2014

Source: www.legislation.gov.uk

Gloucester cellar sex attack ‘not preventable’ – BBC News

‘A sex attack by two teenagers on a boy in a cellar in Gloucester could not have been anticipated or prevented, a report has found.’

Full story

BBC News, 18th September 2014

Source: www.bbc.co.uk

Dr Arun Singhal suspended for telling patient to kill herself – BBC News

Posted September 19th, 2014 in disciplinary procedures, doctors, mental health, news, professional conduct, suicide by tracey

‘A doctor who told a patient who was threatening to kill herself to “go and jolly well do it now” has been suspended for three months.’

Full story

BBC News, 18th September 2014

Source: www.bbc.co.uk

Regina (Boots Management Services Ltd) v Central Arbitration Committee (Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Regina (Boots Management Services Ltd) v Central Arbitration Committee (Secretary of State for Business, Innovation and Skills intervening); [2014] EWHC 2930 (Admin); [2014] WLR (D) 398

‘Paragraph 3 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 was not incompatible with article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 12th September 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 19th, 2014 in law reports by tracey

Supreme Court

Marley v. Rawlings & Anor (Rev 1) [2014] UKSC 51 (18 September 2014)

High Court (Chancery Division)

Routier & Anor v Revenue And Customs [2014] EWHC 3010 (Ch) (18 September 2014)

Source: www.bailii.org

Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by tracey

‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’

Full story

Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

NCA refers child protection agency case handling to IPCC – BBC News

‘An organisation which took a year to alert police to information about potential paedophiles in the UK is to be investigated by the Independent Police Complaints Commission (IPCC).’

Full story

BBC News, 18th September 2014

Source: www.bbc.co.uk

Court to decide on domestic abuse legal aid challenge – BBC News

Posted September 19th, 2014 in domestic violence, evidence, family courts, legal aid, news, victims by tracey

‘The High Court is due to decide whether to allow a challenge to rules that determine whether victims of domestic abuse get legal aid in family cases.’

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BBC News, 19th September 2014

Source: www.bbc.co.uk

Former PCSO tipped off the Sun over Naomi Campbell arrest – The Guardian

‘A former police community support officer (PCSO) has avoided jail after he admitted tipping off the Sun that supermodel Naomi Campbell was in custody over an allegation of assault.’

Full story

The Guardian, 18th September 2014

Source: www.guardian.co.uk

Metropolitan police agrees payout over alleged race-discrimination case – The Guardian

‘The Metropolitan police has agreed to pay £120,000 in damages in an alleged race-discrimination case where seven officers were accused of assaulting a black motorist.’

Full story

The Guardian, 18th September 2014

Source: www.guardian.co.uk

‘Pyramid scheme’ operation sees six women convicted – BBC News

Posted September 18th, 2014 in consumer protection, fraud, news, reporting restrictions, women by tracey

‘Six women have been convicted of operating a “pyramid” scheme in which thousands of investors lost money.’

Full story

BBC News, 18th September 2014

Source: www.bbc.co.uk

Rotherham child rapist Lee Pearson has sentence doubled – BBC News

Posted September 18th, 2014 in news, rape, sentencing, sexual offences by tracey

‘A child rapist has had his jail sentence doubled by the Court of Appeal.’

Full story

BBC News, 18th September 2014

Source: www.bbc.co.uk

‘NOWHERE FAST’ – In what circumstances might a bus driver be held liable to a passenger injured as a result of a fall on a bus? – Zenith PI Blog

‘Most personal injury practitioners will have had experience of dealing with a claim made by a passenger, injured as a result of falling whilst on a bus. Many such incidents result in relatively modest injuries. However, in some cases, particular those involving more elderly Claimants, quite significant and long-lasting injuries can be involved, and with associated ongoing claims for care and assistance. Given the multitude of CCTV cameras onboard such vehicles these days, Courts are often uncommonly well served in having before them good quality evidence of the occurrence and cause of the accident itself. Typically the cause is alleged to be the driver accelerating or braking more sharply than usual. In the latter case, the blame for emergency braking is often placed upon a third party vehicle; for example as a result of pulling out into the bus’ path.’

Full story

Zenith PI Blog, 17th September 2014

Source: www.zenithpi.wordpress.com

Fifth of law firms admit to substandard service – LegalFutures

Posted September 18th, 2014 in continuing professional development, law firms, news, reports, solicitors by tracey

‘A fifth of law firms admit to providing a substandard service at some point in the past year, with extra training for staff the common response, Solicitors Regulation Authority (SRA) research has revealed.’

Full story

LegalFutures, 18th September 2014

Source: www.legalfutures.co.uk

Sex Offenders, prison v treatment – CrimeLine

Posted September 18th, 2014 in imprisonment, news, rehabilitation, sentencing, sexual offences by tracey

‘In a recent case the Court of Appeal found fault with a sentence of 2 years imprisonment imposed on a man who had in his possession indecent images of children. The Court thought the appropriate starting point after trial to be in the order of 15-18 months, meaning in this case an actual sentence of 10 – 12 months, of which the offender would serve only half. So be it you might think.’

Full story

CrimeLine, 17th September 2014

Source: www.crimeline.info

Bar Council report claims LASPO 2012 damages access to justice – The Bar Council

Posted September 18th, 2014 in barristers, civil justice, costs, delay, family courts, legal aid, litigants in person, reports by tracey

‘The Bar Council has today published a report, based on interviews and a survey of legal practitioners, assessing the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 on our system of justice a year after implementation in April 2013.’

Full report

The Bar Council, 18th September 2014

Source: www.barcouncil.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 18th, 2014 in legislation by tracey

The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014

The Care Act 2014 (Commencement No.2) Order 2014

Source: www.legislation.gov.uk

Swift (trading as A Swift Move) v Robertson – WLR Daily

Posted September 18th, 2014 in appeals, consumer protection, contracts, law reports, Supreme Court by tracey

Swift (trading as A Swift Move) v Robertson: [2014] UKSC 50; [2014] WLR (D) 396

‘A failure by a trader to give written notice of the right to cancel a contract for the supply of goods or services made during a visit to a consumer’s home did not deprive the consumer of his right to cancel the contract pursuant to regulation 7(1) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 18th, 2014 in law reports by tracey

High Court (Queen’s Bench Division) Decisions

Acer Investment Management Ltd & Anor v The Mansion Group Ltd [2014] EWHC 3011 (QB) (17 September 2014)

Source: www.bailii.org