Doesn’t it make you proud to be English? – Nearly Legal

Posted September 21st, 2015 in bills, housing, immigration, landlord & tenant, news by sally

‘The Immigration Bill 2015 has been published and will have a Second Reading in the House of Commons on October 13, 2015. It contains some truly remarkable provisions about housing. But first, short re-cap to remind you how we got to this stage.’
Full story

Nearly Legal, 19th September 2015

Source: www.nearlylegal.co.uk

Can access to justice in employment disputes be restored by a new single jurisdiction? – Halsbury’s Law Exchange

Posted September 21st, 2015 in costs, dispute resolution, employment tribunals, jurisdiction, news by sally

‘In 2013 radical changes were introduced to the Employment Tribunal system, which, since its inception in the 1970s, had enabled employees to bring their disputes before a legally qualified Chairman free of charge. Since 2013 legal costs have been incurred automatically upon issuing proceedings. Before issuing proceedings the parties have an opportunity to reach a settlement via the ACAS early conciliation process. But there may be little incentive for an employer to engage in a conciliated settlement, where the employee is unlikely to be able to afford the tribunal fees.’

Full story

Halsbury’s Law Exchange, 18th September 2015

Source: www.halsburyslawexchange.co.uk

Depressed man killed himself as a direct result of DWP’s ‘fit to work’ ruling, coroner finds – The Independent

Posted September 21st, 2015 in benefits, disabled persons, inquests, mental health, news, suicide by sally

‘A coroner has concluded for the first time that a man with severe mental illness killed himself as a direct result of being found “fit to work” by the Government’s outsourced disability assessors.’

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The Independent, 20th September 2015

Source: www.independent.co.uk

Police given advice on spotting domestic abuse patterns – BBC News

Posted September 21st, 2015 in domestic violence, news, police, prosecutions, victims by sally

‘Police officers will receive specialist advice on how to spot patterns of domestic abuse under new guidance.’
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BBC News, 21st September 2015

Source: www.bbc.co.uk

Westminster child sex abuse inquiry ‘split over credibility of witness’ – The Guardian

Posted September 21st, 2015 in child abuse, inquiries, news, police, sexual offences by sally

‘Scotland Yard’s high-profile inquiry into an alleged Westminster paedophile ring is split over the veracity of the allegations under investigation and faces external criticism of its conduct.’

Full story

The Guardian, 21st September 2015

Source: www.guardian.co.uk

Injunction and damages in libel case awarded against anonymous website – UK Human Rights Blog

Posted September 18th, 2015 in damages, defamation, injunctions, internet, news by tracey

‘Brett Wilson LLP v Person(s) Unknown, Responsible for the Operation of the Website solicitorsfromhell.co.uk, 7 September (Warby J) [2015] EWHC 2628 (QB). This was a claim in libel by a firm of solicitors who acted for another firm which also claimed against the operators of SFHUK, causing the original site to be shut down (Law Society v Rick Kordowski [2011]). In this case the words complained of appeared on a new site, but despite efforts by the present claimants, it was not possible to find out who was operating it. The site alleged various aspects of mismanagement, including incompetence and fraud. It also quoted a client of the claimant firm who alleged overcharging and who refused to pay their fees. (It is worth noting that the site appears to have been taken down since default judgement was given in this case).’

Full story

UK Human Rights Blog, 17th September 2015

Source: www.ukhumanrightsblog.com

The importance of privacy in ancillary relief proceedings – High Court – UK Human Rights Blog

Posted September 18th, 2015 in anonymity, divorce, media, news by tracey

‘DL v SL [2015] EWHC 2621 (Fam) 27 July 2015 (Mostyn J). This was a simple, if contentious, divorce case in which the judge took the opportunity to make a point about balancing the principle of open judgment – allowing media coverage of cases – against the privacy of the parties involved. Whilst he was ready to acknowledge that publicity ensures not only the probity of the judge but the veracity of the witnesses, and that such publicity served promote understanding and debate about the legal process, in some cases privacy should trump the rights of the press.’

Full story

UK Human Rights Blog, 16th September 2015

Source: www.ukhumanrightsblog.com

Court refuses bid to reconsider ruling because of missing page in bundle – Litigation Futures

Posted September 18th, 2015 in civil procedure rules, copyright, damages, evidence, judgments, news by tracey

‘A party that accidentally omitted an important page from its trial bundle has failed in its attempt to persuade the judge to reconsider his ruling. The claimant in Absolute Lofts as West London Ltd v Artisan Home Improvements Ltd & Anor (No2) [2015] EWHC 2632 (IPEC) made the application the day after His Honour Judge Hacon handed down his decision.’

Full story

Litigation Futures, 18th September 2015

Source: www.litigationfutures.com

BSB jumps out of cab-rank rule frying pan and into fire of LSB probe – Legal Futures

Posted September 18th, 2015 in barristers, contracts, legal services, news by tracey

‘The Bar Standards Board (BSB) has been discharged from an undertaking it gave nearly two years ago to deal with concerns over the way it dealt with changes to the cab-rank rule. But in doing so, the Legal Services Board said it had continuing misgivings that have “directed our attention towards the BSB’s approach to regulation more broadly”.’

Full story

Legal Futures, 18th September 2015

Source: www.legalfutures.co.uk

Tightening the payout rules for business insurance – Law Commission

Posted September 18th, 2015 in bills, damages, delay, insurance, Law Commission, press releases by tracey

‘Businesses can suffer serious loss if insurance companies delay paying claims. But under Law Commission reforms introduced into Parliament today, insurers would be obliged to make prompt payment or face a claim for damages.’

Full press release

Law Commission, 16th September 2015

Source: www.justice.gov.uk/lawcommission

Court fee rise will give wealthy the upper hand, says Bar Council – The Bar Council

Posted September 18th, 2015 in civil justice, courts, fees, press releases, small businesses by tracey

‘SMEs will be disadvantaged in chasing late payments from big business customers.
Wealthy individuals and big business will have the upper hand in court proceedings if further increases in court fees get the go ahead under plans announced by the Ministry of Justice, the Bar Council has warned.’

Full press release

The Bar Council, 14th September

Source: www.barcouncil.org.uk

The Creative Foundation v Dreamland Leisure Ltd and others – WLR Daily

Posted September 18th, 2015 in artistic works, landlord & tenant, law reports, leases, repairs by tracey

The Creative Foundation v Dreamland Leisure Ltd and others; [2015] EWHC 2556 (Ch); [2015] WLR (D) 383

‘Any part of demised premises which has been justifiably removed from the premises by a tenant in accordance with the tenant’s obligation to repair the premises, and which becomes a chattel having substantial value, vests in the landlord.’

WLR Daily, 11th September 2015

Source: www.iclr.co.uk

Newquay pupil sex teacher banned for life – BBC News

Posted September 18th, 2015 in disciplinary procedures, news, teachers by tracey

‘A married teacher who had sex with a pupil and ignored a warning has been banned from the classroom for life.’

Full story

BBC News, 17th September 2015

Source: www.bbc.co.uk

Counter-extremism bill could play into terrorists’ hands, says watchdog – The Guardian

Posted September 18th, 2015 in bills, investigatory powers, news, terrorism by tracey

‘David Cameron’s counter-extremism bill, which will ban non-violent extremists, risks provoking a backlash in Britain’s Muslim communities and playing into the hands of terrorist recruiters, a government watchdog has warned. David Anderson QC, the independent reviewer of terrorism laws, said the legislation to counter extremist ideology also risks legitimising state scrutiny of – and citizens informing on – the political activities of large numbers of law-abiding people.’

Full story

The Guardian, 17th September 2015

Source: www.guardian.co.uk

Metropolitan Police to be investigated over dozen more claims of historical corruption –

Posted September 18th, 2015 in child abuse, complaints, corruption, news, police, sexual offences by tracey

‘The police watchdog is to investigate fresh claims that child sex abuse probes dating back to the 1970s were brushed under the carpet because they involved MPs.
The Independent Police Complaints Commission (IPCC) will oversee 12 more allegations of historic corruption within the Metropolitan Police in addition to the 17 investigations announced earlier this year.’

Full story

Daily Telegraph, 17th September 2015

Source: www.telegraph.co.uk

Illegal migrants in UK face jail if caught driving – The Guardian

Posted September 18th, 2015 in bills, forfeiture, immigration, news, road traffic offences by tracey

‘People who drive a car while they are in Britain illegally face being jailed and having their vehicle seized under powers included in the government’s latest immigration bill. Most of the measures in the legislation, published on Thursday, are designed to create “a hostile environment” for migrants who are in Britain unlawfully and have already been strongly trailed by ministers since the general election. The Commons second reading of the bill is scheduled for 13 October, shortly after the Conservative party conference.’

Full story

The Guardian, 17th September 2015

Source: www.guardian.co.uk

Tax tribunal charges would deter the poorest from getting justice, lawyers warn – The Independent

Posted September 18th, 2015 in appeals, fees, news, taxation, tribunals by tracey

‘Plans to impose court fees on anyone opposing the tax office at tribunal would deter the poorest from getting justice, leading lawyers say – amid a growing outcry against an array of Government-imposed court charges.’

Full story

The Independent, 17th September 2015

Source: www.independent.co.uk

Couple win damages from Hackney after children wrongly kept in care – The Guardian

‘A husband and wife have won £10,000 each in damages from a local authority that wrongly kept their eight children in foster care. A deputy high court judge Sir Robert Francis said that if ever there was a case illustrating the challenges that faced children, parents, public authorities and the courts when concerns were raised about the safety and welfare of children, it was this one.’

Full story

The Guardian, 17th September 2015

Source: www.guardian.co.uk

Ofcom asked to investigate sting on ex-foreign secretaries – The Guardian

Posted September 18th, 2015 in media, news, parliament, public interest, standards by tracey

‘Channel 4 has asked the broadcasting regulator, Ofcom, to investigate a cash-for-access sting on two former foreign secretaries after criticism over its reporting of the allegations. The parliamentary commissioner for standards cleared Sir Malcolm Rifkind and Jack Straw, and said the damage done to the former MPs could have been avoided if Channel 4’s Dispatches and the Daily Telegraph had accurately reported the exchanges they had filmed.’

Full story

The Guardian, 17th September 2015

Source: www.guardian.co.uk

Child molester given longer sentence as victims are Asian – Daily Telegraph

Posted September 18th, 2015 in child abuse, news, sentencing, sexual offences by tracey

‘A child molester who abused two Asian girls was rightly given a longer sentence than if his victims had been white because Asian sex crime victims suffer more, a leading judge has ruled.’

Full story

Daily Telegraph, 17th September 2015

Source: www.telegraph.co.uk