Rule out notion of costly, one-size-fits-all super-regulator, says Bar Council Chairman – The Bar Council

‘Constantly changing the regulatory regime for legal services is costly and lawyers need time to let the current regime bed in, the Bar Council chairman has said in a speech to regulators and prominent members of the legal sector.’

Full story

The Bar Council, 25th November 2014

Source: www.barcouncil.org.uk

Careers for the 21st century law student – The Guardian

‘Even in a profession as traditional as law, technology is powerful enough to kill and create a range of roles.’

Full story

The Guardian, 25th November 2014

Source: www.guardian.co.uk

Doctor Lam Hoe Yeoh jailed for secretly filming patients – BBC News

‘A doctor who secretly filmed hundreds of patients, colleagues and hospital visitors has been jailed for five years.’

Full story

BBC News, 26th November 2014

Source: www.bbc.co.uk

FCA report on complaint handling more optimistic than many feared – RPC Financial Services Blog

Posted November 26th, 2014 in complaints, consumer protection, financial regulation, news by sally

‘The FCA has finally published its report on its review of consumer complaint handling at 15 major retail financial services firms. Despite the expressed intention at the launch of the review last year for phase 2 to “consider firms’ approach to redress and root cause analysis”, the report is explicitly and determinedly forward-looking and does not – as some feared – criticise firms’ failures to root out systemic historic failings and proactively provide redress. In the end, the FCA’s stated aim was to uncover potential barriers to effective complaints handling and developing solutions going forward.’

Full story

RPC Financial Services Blog, 24th November 2014

Source: www.rpc.co.uk

Statelessness, deprivation of nationality, and EU Citizenship…what is B2 in the Supreme Court really all about? – Free Movement

Posted November 26th, 2014 in citizenship, EC law, news, terrorism, United Nations by sally

‘Many practitioners are concerned about the increasing use of draconian powers to deprive people of their citizenship and the related “evil of statelessness” (which is the subject of the UNCHR’s latest campaign.) Last week, a 7-member Supreme Court panel heard the latest round of arguments on these issues in the case of Secretary of State for the Home Department v B2. The appeal comes in the wake of government proposals to limit the right of British Citizens to return to the UK following suspected terrorist activity abroad. It could have profound implications for the government’s approach to “British jihadis”.’

Full story

Free Movement, 26th November 2014

Source: www.freemovement.org.uk

HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz (Appellant) v Apex Global Management Ltd and Faisal Abdel Hafiz Almhairat (Respondents) – Supreme Court

HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz (Appellant) v Apex Global Management Ltd and Faisal Abdel Hafiz Almhairat (Respondents) [2014] UKSC 64 (YouTube)

Supreme Court, 26th November 2014

Source: www.youtube.com/user/UKSupremeCourt

What makes a good Youth Court advocate? Have your say – Bar Standards Board

Posted November 26th, 2014 in advocacy, barristers, news, regulations, youth courts by sally

‘The Bar Standards Board (BSB) and Ilex Professional Standards (IPS) have today called on barristers’ and chartered legal executives’ experiences and expertise to help the regulators establish the skills and knowledge required to work effectively and competently in the Youth Justice System.’

Full story

Bar Standards Board, 24th November 2014

Source: www.barstandardsboard.org.uk

Cohabiting pitfalls: is it time the law caught up? – Halsbury’s Law Exchange

Posted November 26th, 2014 in bills, cohabitation, married persons, mortgages, news by sally

‘The law on relationship breakdown differs between couples who are cohabiting and married couples. Under English Law the concept of common-law wife/husband does not exist. If an unmarried couple live together in a property owned by both of them, they need to be careful to express at the outset what they intend as to property ownership. If they intend it to be an equal ownership they should state this or differing percentages.’

Full story

Halsbury’s Law Exchange, 25th November 2014

Source: www.halsburyslawexchange.co.uk

EVENT: UCL – Mishcon Lecture 2014: The Criminal Justice Response to Victims: Time for a shift in thinking

Posted November 26th, 2014 in Forthcoming events by sally

‘Speaker: Sir Keir Starmer, KCB, QC, Barrister, Doughty Street Chambers, and former Director of Public Prosecutions and Head of the Crown Prosecution Service
Chair: The Rt Hon. Lord Dyson, Master of the Rolls

The Mishcon Lectures were established at UCL in 1990 in honour of Lord Mishcon to mark his 75th birthday and in recognition of his achievements and service in the fields of law, education, religion, government and politics, both central and local.’

Date: 26th November 2014, 6.00-8.15pm

Location: UCL Cruciform Lecture Theatre, Gower Street WC1E 6BT

Charge: Free, registration required

More information can be found here.

Drive to end Winterbourne View-style care going backwards, official report shows – Daily Telegraph

‘Report commissioned by NHS calls for closure of all Winterbourne View-style institutions for disabled patients but Chief Nursing Officer insists complexity of cases leading to slow progress.’

Full story

Daily Telegraph, 26th November 2014

Source: www.telegraph.co.uk

Theresa May to publish new anti-terror powers – BBC News

‘New measures to tackle terrorism are to be unveiled by the home secretary, days after she said the UK faces a “greater” terror threat than ever before.’

Full story

BBC News, 26th November 2014

Source: www.bbc.co.uk

Southwark: Not appealing – NearlyLegal

‘It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB Southwark [our report here], the senior officers of Southwark Council have chosen to do neither. Instead, Southwark’s Housing and Communities Strategic Director has chosen to publicly announce that the judgment was ‘unjust’ and ‘clearly wrong’, but that Southwark aren’t going to appeal it.’

Full story

NearlyLegal, 25th November 2014

Source: www.nearlylegal.co.uk

Iraqi Civilians v Ministry of Defence – WLR Daily

Posted November 26th, 2014 in armed forces, detention, human rights, Iraq, law reports by sally

Iraqi Civilians v Ministry of Defence [2014] EWHC 3686 (QB); [2014] WLR (D) 496

‘The legal effect of UN Security Council Resolutions 1483 of 22 May 2003 and 1511 of 16 October 2003 was that they imposed a duty on the United Kingdom in its role as an occupying power in Iraq to detain individuals where to do so was necessary for imperative reasons of security. However, nothing in the language of the Resolutions authorised the taking of such a measure in so far as doing so violated the United Kingdom’s obligation to secure rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

DD v Secretary of State for the Home Department – WLR Daily

DD v Secretary of State for the Home Department [2014] EWHC 3820 (Admin); [2014 ] WLR (D) 495

‘A judgment as to whether article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms had been breached in a case of alleged inhuman or degrading treatment was reached not simply by reference to the impact of the treatment complained of on the individual, but by also having regard to the necessity and proportionality of the underlying treatment, and the possible alternatives, in the manner of its execution.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk

Teekay Tankers Ltd v STX Offshore & Shipping Co – WLR Daily

Posted November 26th, 2014 in damages, documents, foreign companies, foreign jurisdictions, law reports by sally

Teekay Tankers Ltd v STX Offshore & Shipping Co [2014] EWHC 3612 (Comm); [2014] WLR (D) 492

‘Service of a claim on an overseas company’s registered United Kingdom’s establishment was valid service, even if the claim did not concern the United Kingdom establishment itself, for the purposes of regulation 7 of the Overseas Companies Regulations 2009 and section 1139(2) of the Companies Act 2006.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

County loses appeal over support for disabled Roma child who moves out of area – Local Government Lawyer

Posted November 26th, 2014 in appeals, children, disabled persons, local government, news, travellers by sally

‘A county council has lost a Court of Appeal bid to overturn a ruling that the authority had the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside its borders.’

Full story

Local Government Lawyer, 25th November 2014

Source: www.localgovernmentlawyer.co.uk

A spectacularly Misleading Case – nested in a real one – UK Human Rights Blog

‘Hamblen J observed that “the facts…are so extraordinary that they could have come from one of A.P. Herbert’s “Misleading Cases”. Yes indeed. A solicitor decided to make up three years of litigation, writing some fake judgments, pretending to instruct barristers, and churning out fictitious correspondence.’

Full story

UK Human Rights Blog, 25th November 2014

Source: www.ukhumanrightsblog.com

Counter-Terrorism Bill – the proposals in a nutshell – Halsbury’s Law Exchange

‘Whatever else can be said about the war on terrorism, it has been hugely influential in the shaping of the law (statutory, common law and European). The latest proposal to come from the Coalition is a “Temporary Exclusion Order”, announced in the press in September. It was “re-booted” in November and we are told that these will feature in the new Counter-Terrorism and Security Bill (name not confirmed) due before Christmas. The Bill is in fact scheduled to be published later this week, but these things sometimes slip.’

Full story

Halsbury’s Law Exchange, 25th November 2014

Source: www.halsburyslawexchange.co.uk

Rise in number of violent homophobic crimes being reported to police – The Guardian

Posted November 26th, 2014 in crime, harassment, homosexuality, news, police, victims, violence, young persons by sally

‘Some of the UK’s biggest police forces have recorded a rise in the number of violent homophobic crimes this year, according to new figures.’

Full story

The Guardian, 26th November 2014

Source: www.guardian.co.uk