Home Office to publish revised draft of snooper’s charter – The Guardian

‘The home secretary, Theresa May, has revised some elements of her controversial “snooper’s charter” legislation in an attempt to address criticism by MPs and peers of the surveillance powers it confers.’

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The Guardian, 1st March 2016

Source: www.guardian.co.uk

Judge rejects NHSLA challenge to medical negligence ATE premium – Litigation Futures

Posted March 1st, 2016 in costs, health, insurance, negligence, news by sally

‘A circuit judge has rejected a challenge by the NHS Litigation Authority (NHSLA) to a medical negligence ATE insurance premium described by the claimant as a “perfectly normal block policy”.’

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Ligitation Futures, 29th February 2016

Source: www.litigationfutures.com

Legal Aid Agency spends £93m on cases not heard in court – Law Society’s Gazette

Posted March 1st, 2016 in costs, Crown Prosecution Service, legal aid, news, prosecutions, reports, trials by sally

‘The Legal Aid Agency (LAA) has spent more than £93m funding defence counsel in cases that did not go to trial, the National Audit Office has found.’

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Law Society’s Gazette, 1st March 2016

Source: www.lawgazette.co.uk

Secret Evidence in Immigration Tribunal Hearings: R (on the Application of ILPA) v Tribunal Procedure Committee and Lord Chancellor – Free Movement

‘Open justice is one of the most crucial features of a free state. In weighing up individual cases, courts have sometimes decided that open justice shoud give way to other, equally necessary, ideals. For instance, national security won the day in the Court of Appeal decision in the Erol Incedal case. This was inevitably criticised by the press. In Immigration Law Practitioners Association, R (On the Application Of) v Tribunal Procedure Committee & Anor [2016] EWHC 218 (Admin), Mr Justice Blake in the High Court deals whether in appropriate circumstances information can be withheld from an appellant, or both an appellant and their representative, in immigration tribunals. Rule 13 of the 2014 Immigration Tribunal Procedure Rules purports to do just that; the Immigration Law Practitioner’s Association (ILPA) brought a challenge to its legality.’

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Free Movement, 29th February 2016

Source: www.freemovement.org.uk

LIBOR case transferred to Financial List despite need for new judge – Litigation Futures

Posted March 1st, 2016 in banking, case management, courts, damages, financial regulation, interest, judges, news by sally

‘A claim against Royal Bank of Scotland (RBS), including allegations of rigging the LIBOR rate, has been transferred to the new Financial List even though the move means bringing in a new judge.’

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Litigation Futures, 1st March 2016

Source: www.litigationfutures.com

Judicial involvement in pre-proceedings for care cases to be piloted: top judge – Local Government Lawyer

‘Schemes for judicial and CAFCASS involvement in the pre-proceedings phase of some types of care case will be piloted in selected courts shortly, the President of the Family Division has said.’

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Local Government Lawyer, 1st March 2016

Source: www.localgovernmentlawyer.co.uk

FCA ‘lacks evidence’ of whether regulation is reducing mis-selling by financial firms, auditors say – OUT-LAW.com

Posted March 1st, 2016 in consumer protection, evidence, financial regulation, news by sally

‘Data collected by the Financial Conduct Authority (FCA) is insufficient to prove whether regulatory interventions have had an effect on mis-selling by financial firms, the UK’s public spending watchdog has said.’

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OUT-LAW.com, 26th February 2016

Source: www.out-law.com

Regulator issues record £350,000 fine over PPI mis-selling calls – The Guardian

Posted March 1st, 2016 in complaints, data protection, fines, news, telecommunications by sally

‘A company that illegally sold on personal information and plagued members of the public with more than 46m automated nuisance calls relating to Payment Protection Insurance (PPI) mis-selling claims has received a record £350,000 fine.’

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The Guardian, 29th February 2016

Source: www.guardian.co.uk

A Hawarden Kite – Nearly Legal

Posted March 1st, 2016 in covenants, forfeiture, housing, leases, news, tribunals by sally

‘Forfeiture of (residential) long leases is a controversial subject: on the one hand, it’s clear that there has to be a practical and accessible route for landlords to enforce covenants, whether as to payment of monies or more general “management” covenants (e.g. stopping people just removing load bearing walls); but, on the other, the potential for an enormous (and almost always disproportionate) benefit to the landlord if the lease actually is forfeited is pretty hard to justify. Moreover, as a result of both the general drafting techniques in long leases and some [ahem] interesting Court of Appeal decisions, there is a pretty good case that a landlord can recover his legal and professional costs of pursuing forfeiture matters, even if the breach is trivial or if relief would be granted.’

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Nearly Legal, 29th February 2016

Source: www.nearlylegal.co.uk

Paddy Power ‘encouraged gambler until he lost his home, jobs and family’ – The Guardian

Posted March 1st, 2016 in gambling, money laundering, news, reports by sally

‘Bookmaker Paddy Power encouraged a problem gambler to keep betting until he lost five jobs, his home and access to his children, according to a report by the Gambling Commission.’

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The Guardian, 29th February 2016

Source: www.guardian.co.uk

Veterans dying from asbestos-related cancer win battle for compensation – The Independent

Posted March 1st, 2016 in armed forces, asbestos, cancer, compensation, news by sally

‘Scores of veterans dying from asbestos-related cancer caused by their time in the military are to receive a lump sum in compensation, following an Independent campaign to overturn rules that left them worse off than civilians.’

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The Independent, 29th February 2016

Source: www.independent.co.uk

Law firm in new legal threat over UK air pollution – BBC News

Posted March 1st, 2016 in climate change, law firms, news, pollution by sally

‘The UK government has been warned to drastically reduce air pollution or face renewed legal action.’

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BBC News, 1st March 2016

Source: www.bbc.co.uk

Online divorce and probate set for early 2017, Munby says – Legal Futures

Posted March 1st, 2016 in case management, courts, divorce, internet, news, probate, speeches by sally

‘Online divorce and probate are set to be delivered under the courts modernisation programme by early 2017, the president of the Family Division has said.’

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Legal Futures, 1st March 2016

Source: www.legalfutures.co.uk

Traveller gang found guilty of £60 million rhino horn thefts – Daily Telegraph

Posted March 1st, 2016 in artistic works, gangs, news, theft, travellers by sally

‘Dubbed the ‘Dead Zoo Gang’, the thieves targeted museums across the country stealing rhino horns and Chinese artefacts worth tens of millions of pounds.’

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Daily Telegraph, 29th February 2016

Source: www.telegraph.co.uk

Millions spent on legal cases that fail to reach court – Daily Telegraph

‘National Audit Office warns criminal justice system ‘not delivering value for money’, with victims facing delays, collapsed cases and postcode lottery.’

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Daily Telegraph, 1st March 2016

Source: www.telegraph.co.uk

Scenes from a disaster – Nearly Legal

Posted March 1st, 2016 in homelessness, housing, local government, news, select committees by sally

‘The Commons Communities and Local Government Select Committee has begun an enquiry into homelessness. The written submissions from Councils, charities, campaigners, professional organisations and others are a stark illustration of a homeless system that is, at least in some areas, in complete crisis – overwhelmed, unable to cope with rapidly rising demand, let alone provide suitable accommodation.’

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Nearly Legal, 29th February 2016

Source: www.nearlylegal.co.uk

Michael Gove sets out new rules to safeguard independence of prison inspectors – The Independent

Posted March 1st, 2016 in Ministry of Justice, news, prisons, reports by sally

‘The independence of prison inspectors is to be guaranteed following complaints that the former Justice Secretary, Chris Grayling, tried to water down their reports by removing criticisms of his approach to penal policy.’

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The Independent, 10th February 2016

Source: www.independent.co.uk

Rotherham pair who kicked Muslim grandfather to death while calling him a ‘groomer’ jailed for 46 years – The Independent

Posted March 1st, 2016 in homicide, murder, news, racism, sentencing by sally

‘Two men convicted of kicking a 81-year-old grandfather to death in a racially motivated and “unprovoked” attack have been jailed for 46 years.’

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The Independent, 29th February 2016

Source: www.independent.co.uk

BMA ignored lawyers’ advice before launching judicial review over new contracts for junior doctors – Daily Telegraph

Posted March 1st, 2016 in contracts, doctors, industrial action, judicial review, news by sally

‘The British Medical Association ignored the advice of its own lawyers before launching a judicial review over new contracts for junior doctors, it has emerged.’

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Daily Telegraph, 29th February 2016

Source: www.telegraph.co.uk

Review decides not to change Freedom of Information Act – The Guardian

Posted March 1st, 2016 in freedom of information, legislation, news, reports by sally

‘A government announcement that there will be “no legal changes” to the Freedom of Information legislation following a review of the act was being cautiously welcomed by campaigners on Monday.

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The Guardian, 1st March 2016

Source: www.guardian.co.uk