Prisoner ‘absconder policy’ is ruled unlawful by High Court – BBC News

Posted April 2nd, 2015 in fugitive offenders, illegality, news, parole, prisons by sally

‘A government policy to ban inmates with a history of absconding from being transferred to open prisons has been declared unlawful by senior judges.’

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BBC News, 1st April 2015

Source: www.bbc.co.uk

Montgomery Rules following the demise of Sidaway – No. 5 Chambers

Posted April 2nd, 2015 in appeals, birth, consent, hospitals, negligence, news, Scotland, Supreme Court by sally

‘The Supreme Court decision in the case of Montgomery v. Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 sounds the death knell for Sidaway. The Supreme Court comprised of 7 Law Lords has now unequivocally said that Sidaway should not be followed in medical cases where consent is in issue. Allowing the appeal from the Scottish courts by a woman whose baby suffered shoulder dystocia in labour, the Supreme Court held that women have a right to information about ‘any material risk’ in order to make autonomous decisions about how to give birth.’

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No. 5 Chambers, 30th March 2015

Source: www.no5.com

The Care Act 2014: Charging for Care and Support – Doughty Street Chambers

Posted April 2nd, 2015 in costs, disabled persons, elderly, news, social services by sally

‘This paper considers the key changes introduced by the Care Act 2014 (“the Act”) in
relation to charging for care and support, including deferred payments. (It does not
set out each element of the charging scheme, much of which is unchanged).’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Benefit figures arising from cannabis plant confiscation – Park Square Barristers

Posted April 2nd, 2015 in benefits, confiscation, drug offences, news, proceeds of crime by sally

‘Ascribing benefit figures to immature plants is an increasingly common feature of cannabis plant confiscation proceedings.’

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Park Square Barristers, 19th March 2015

Source: www.parksquarebarristers.co.uk

Clinical negligence: patients’ wishes are paramount – Park Square Barristers

Posted April 2nd, 2015 in birth, consent, doctors, hospitals, medical treatment, negligence, news by sally

‘Richard Paige discusses 2 recent decisions which are essential reading for any clinical negligence practitioner: they establish that patients’ wishes are paramount. Doctors must ensure that patients are sufficiently informed and must not censor information.’

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Park Square Barristers, 14th March 2015

Source: www.parksquarebarristers.co.uk

Mental Capacity Law Newsletter – 39 Essex Chambers

Posted April 2nd, 2015 in deprivation of liberty safeguards, mental health, news, Scotland by sally

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, March 2015

Source: www.39essex.com

House of Lords (Expulsion and Suspension) Act 2015 – legislation.go.uk

Posted April 2nd, 2015 in constitutional law, legislation, parliament, peerages & dignities by sally

House of Lords (Expulsion and Suspension) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Adjudication in UK Construction Contracts: A Critical Look – 39 Essex Chambers

‘This brief paper arises out of a 39 Essex Chambers seminar on the 19 March 2015. The title of the Seminar was “Adjudication Enforcement: Time for a Change?”. The seminar comprised two debates. The first debate considered the strengths and weaknesses of adjudication as it stands at the moment. The second debate looked afresh at the Human Rights Act and asked whether or not it might yet impact adjudication. Each debate has a short introduction. This paper is an amalgam of the two introductions.’

Full story (PDF)

39 Essex Chambers, 2nd April 2015

Source: www.39essex.com

The Care Act 2014: Carer’s Needs and Eligibility – Doughty Street Chambers

Posted April 2nd, 2015 in carers, disabled persons, elderly, legislation, news, social services by sally

‘This paper considers the eligibility criteria in relation to carers under the Care
Act 2014 (“the Act”), and what duties and powers local authorities are under
to meet eligible needs. The eligibility provisions in the Act are augmented by
the Care and Support Statutory Guidance of October 2014 (“the Guidance”),
Chapter 6, Assessment and eligibility.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

A New English (Leasehold) Reformation? – Tanfield Chambers

Posted April 2nd, 2015 in landlord & tenant, leases, news, Scotland by sally

‘Last time this column discussed the changes introduced to leasehold tenure in Scotland. Nicola Muir examined the long-term package of reforms designed to bring about the demise of the feudal and leasehold system north of the border. To recap, Scotland is about to implement the changes introduced by the Long Leases (Scotland) Act 2012, which follows the imposition in 1974 of a 20 year limit on the term of any new residential lease and the abolition of the feudal system of property ownership in 2004. In 2000 a limit of 175 years was imposed on the term of commercial leases. The final stage of reforms under the 2012 Act will convert qualifying leases into ownership. ‘

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Tanfield Chambers, 20th March 2015

Source: www.tanfieldchambers.co.uk

Serious Injury Cases: Another Example of the Judges Going Back to Basics – Zenith PI Blog

Posted April 2nd, 2015 in birth, damages, hospitals, negligence, news, personal injuries by sally

‘An earlier post looked at several cases this year where judges have considered fairly fundamental principles of damages when assessing serious personal injury claims. This trend can be seen again in a case decided today Robshaw -v-United Lincoln Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Zenith PI Blog, 1st April 2015

Source: www.zenithpi.wordpress.com

McKenzie friends could drive ‘bulldozer’ through Legal Services Act – Law Society’s Gazette

Posted April 2nd, 2015 in criminal justice, fees, legal services, McKenzie friends, news, reports by sally

‘Giving McKenzie friends permission to speak in court would drive a bulldozer through the Legal Services Act, which was intended to regulate reserved activities, criminal barristers have said.’

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Law Society’s Gazette, 1st April 2015

Source: www.lawgazette.co.uk

Widow of property investor Jack Dellal wins round of legal battle over estate – The Guardian

Posted April 2nd, 2015 in evidence, financial provision, news, wills by sally

‘The multi-millionaire widow of a property dealer said to have gambled £1.7m in one night has won the latest round of a legal battle for “reasonable provision”.’

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

Safeguarding and the Care Act 2014 – Doughty Street Chambers

Posted April 2nd, 2015 in disabled persons, elderly, local government, news, social services by sally

‘This paper provides a brief overview of the provisions of the Care Act 2014
(“CA 2014”) and accompanying guidance directed at safeguarding vulnerable
adults.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Ofwat secures water infrastructure remedies from Bristol Water – Zenith Chambers

Posted April 2nd, 2015 in competition, news, water companies by sally

‘Ofwat has confirmed that Bristol Water has committed to change its procedures and structures to address an alleged abuse of dominance in the provision of water infrastructure.’

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Zenith Chambers, 1st April 2015

Source: www.zenithchambers.co.uk

Secret terror trial: two men jailed over bomb-making manual – The Guardian

Posted April 2nd, 2015 in explosives, news, private hearings, retrials, sentencing, terrorism by sally

‘One of the most secretive trials held in Britain since the second world war has ended with two men being jailed for possession of bomb-making manuals.’

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

Introduction to the Care Act 2014 – Doughty Street Chambers

‘This paper deals with the following issues:
a. Establishing ordinary residence
b. Dispute resolution mechanism
c. Financial adjustment between local authorities
d. Prisoners
e. Challenges and appeals.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

New Payment Systems Regulator issues Policy Statement – Zenith Chambers

Posted April 2nd, 2015 in banking, competition, financial regulation, news by sally

‘On 25 March 2015, and a week before its operational launch on 1 April 2015 the Payment Systems Regulator (PSR) issued a policy statement (PSR PS15/1). This sets out the new regulatory framework for payment systems in the UK. The PSR is an authority without peers domestically and internationally.Businesses who have not previously been subject to regulatory scrutiny including interbank operators, payment service providers and infrastructure providers will now be subject to industry-wide economic regulation.’

Full story (PDF)

Zenith Chambers, 27th March 2015

Source: www.zenithchambers.co.uk

Consumer Rights Act 2015 – legislation.gov.uk

Posted April 2nd, 2015 in consumer protection, legislation by sally

Consumer Rights Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Court has no “superhero” jurisdiction says Home Office in unlawful detention case – Free Movement

Posted April 2nd, 2015 in detention, expert witnesses, immigration, mental health, news by sally

‘In the case of Xue v Secretary of State for the Home Department [2015] EWHC 825 (Admin) the Home Office claimed that the court had no “superhero” jurisdiction and could not or should interfere with the right of the Secretary of State indefinitely to detain a foreign national. Happily for the woman concerned, who was detained for two years at the Yarl’s Wood detention camp before being released and who during that time underwent a catastrophic decline in mental and physical health, Mrs Justice Laing disagreed. A finding of unlawful detention was made and some very limited damages were awarded covering only the final month of her detention.’

Full story

Free Movement, 2nd April 2015

Source: www.freemovement.org.uk