A Dead Parrot Or A Sleeping Beauty? – The 36 Group

Posted June 2nd, 2016 in advocacy, compensation, divorce, financial provision, news by sally

‘Baroness Hale was primarily responsible for the introduction of compensation (SRJ v DWJ [1999] 2 FLR 176). She is a fine lawyer and judge, but she was only briefly an advocate. I am no judge at all with a degree in English, but I have argued a lot of cases. Whilst doing so I have appeared against some outstanding advocates such as Lord Wilson, the late Mrs Justice Baron, Mr Justice Mostyn and Mr Martin Pointer QC. As advocates they looked and in the case of Martin, look to persuade the court. I believe that in presenting a wife’s arguments they would all have rejected submitting that she should be compensated for gender related disadvantage. They would have done so for various reasons. Compensation is a dangerous word as it has its most natural and best established use in the law of tort. It is also manifestly insensitive. Any husband who has maintained his wife and children for, say fifteen years will be hurt and annoyed by the proposition that he should compensate his wife for the experience. He may, or may not be placated by the subsequent reference to gender related disadvantage. At least that shows compensation is a systemic concept, rather than directed at him personally. But fully expressed the words display the origin of the concept in a feminist approach to divorce. The advocate would know that some tribunals would reject the socio-legal concept; if only because another feminist analysis would give primacy to the wife’s autonomous ability to look after.’

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The 36 Group, 18th May 2016

Source: www.36group.co.uk

The divorce app that lets you break up without breaking the bank – The Guardian

Posted June 2nd, 2016 in arbitration, computer programs, costs, divorce, news by sally

‘Divorce can be a costly legal battleground as well as an emotional ordeal. But a new app, amicable, could provide a better way.’

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The Guardian, 2nd June 2016

Source: www.guardian.co.uk

Employment tribunal cases withdrawn over ‘off-putting’ fees – Law Society’s Gazette

Posted June 2nd, 2016 in employment tribunals, fees, news, tribunals by sally

‘While employment lawyers await the outcome of a government review of employment tribunal fees, research by a conciliatory body suggests one in five cases were withdrawn as a result of the ‘off-putting’ fees.’

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Law Society’s Gazette, 1st June 2016

Source: www.lawgazette.co.uk

Drug driving arrests soar to nearly 8,000 in England and Wales – The Independent

Posted June 2nd, 2016 in dangerous driving, drug abuse, drug offences, medicines, news, statistics by sally

‘As part of new legislation, police in England and Wales can use road-side tests to determine drug levels in dangerous drivers.’

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The Independent, 1st June 2016

Source: www.independent.co.uk

Ex-Cameron aide Patrick Rock guilty of child image offences – BBC News

Posted June 2nd, 2016 in indecent photographs of children, news by sally

‘A former aide to Prime Minister David Cameron has been found guilty of possessing and downloading indecent images of children as young as 10.’

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BBC News, 1st June 2016

Source: www.bbc.co.uk

Judge calls for elderly drivers review after woman, 80, mows down schoolgirls – Daily Telegraph

‘A judge has called on the Government to “urgently review” the law on elderly drivers as he spared jail for an 80-year-old motorist who mowed down eight schoolgirls.’

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Daily Telegraph, 1st June 2016

Source: www.telegraph.co.uk

UK Border Force given new powers to protect coast – The Guardian

Posted June 2nd, 2016 in asylum, immigration, news, ships by sally

‘New powers for Border Force officers to board boats and arrest anyone they suspect of attempting a clandestine entry to Britain have come into force as part of a package of measures ordered earlier this year by the home secretary, Theresa May.’

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The Guardian, 31st May 2016

Source: www.guardian.co.uk

Rule committee rejects standalone introduction of fixed fees for costs-only proceedings – Litigation Futures

Posted June 2nd, 2016 in civil procedure rules, costs, fees, insurance, legal profession, news by sally

‘The Civil Procedure Rule Committee (CPRC) has deflected a call by the Forum of Insurance Lawyers (FOIL) to introduce fixed costs in costs-only proceedings, saying that the issue should form part of the wider reform agenda.’

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Litigation Futures, 2nd June 2016

Source: www.litigationfutures.co.uk

Ken Clarke: ‘absurd’ that defunct prison scheme still keeps people in jail – The Guardian

Posted June 2nd, 2016 in mental health, news, parole, prisons, rehabilitation, sentencing by sally

‘The former justice secretary Ken Clarke has criticised as “absurd” the situation where a defunct scheme for sentencing prisoners to indeterminate sentences means a man given a 10-month term is still in prison almost 10 years later.’

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The Guardian, 30th May 2016

Source: www.guardian.co.uk

NHS England cites legal advice in declining to commission HIV treatment – Local Government Lawyer

Posted June 2nd, 2016 in health, HIV, local government, medicines, news by sally

‘The Specialised Services Commissioning Committee of NHS England has accepted external legal advice and concluded that it does not have the legal power to commission the new HIV treatment, PrEP.’

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Local Government Lawyer, 1st June 2016

Source: www.localgovernmentlawyer.co.uk

Disabled man born after incest rape wins right to claim compensation – BBC News

‘A man born with severe disabilities after his mother was raped by her father has won the right to claim compensation.’

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BBC News, 1st June 2016

Source: www.bbc.co.uk

Birmingham pub bombings: coroner orders new inquests – The Guardian

Posted June 2nd, 2016 in explosives, inquests, Ireland, miscarriage of justice, news, police, terrorism by sally

‘An inquest into the Birmingham pub bombings, one of the worst terrorist attacks in British history, is to be reopened 42 years after they claimed the lives of 21 people.’

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The Guardian, 1st June 2016

Source: www.guardian.co.uk

Families’ fury over ‘painfully slow’ progress after Winterbourne View scandal – Daily Telegraph

‘Families of the victims of the Winterbourne View care scandal have written to David Cameron accusing ministers of betrayal by leaving vulnerable disabled people at risk of abuse five years on.’

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Daily Telegraph, 31st May 2016

Source: www.telegraph.co.uk

Successful challenge to OFSTED nursery inspection – Education Blog

‘There is a rare example of a successful challenge to an OFSTED nursery inspection in R ota Old Co-operative Day Nursery Ltd v OFSTED [2016] EWHC 1126, handed down last week, which can be found here.’

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Education Blog, 1st June 2016

Source: www.education11kbw.com

Court of Appeal: SDLT not payable by company using Shari’a finance scheme – OUT-LAW.com

‘Project Blue Limited (PBL) was not liable for stamp duty land tax (SDLT) in respect of its acquisition of the former Chelsea Barracks by means of a Shari’a finance scheme, the Court of Appeal has ruled.’

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OUT-LAW.com, 31st May 2016

Source: www.out-law.com

Back to the drawing board: it’s time to rethink LASPO – Halsbury’s Law Exchange

Posted June 1st, 2016 in budgets, civil justice, legal aid, news, statute law revision by sally

‘Four years ago the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) received royal assent. In the following April cuts to legal aid were introduced that according to the government’s own estimates denied access to justice to over 300,000 people. Since the controversial legislation was approved by parliament there have been calls for it to be reviewed (see “Overdue review?”, Jon Robins, NLJ, 22 April 2016, p 7). In the Cabinet Office guide to making legislation it was recommended that a review should take place three to five years after the legislation received royal assent. So a review of LASPO should happen soon.’

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Halsbury’s Law Exchange, 25th May 2016

Source: www.halsburyslawexchange.co.uk

Government admits defeat in bid to introduce fixed costs in clinical negligence on 1 October – Litigation Futures

‘The government has admitted that it will not be able to introduce fixed recoverable costs for clinical negligence cases on 1 October as planned.’

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Litigation Futures, 31st May 2016

Source: www.litigationfutures.co.uk

DfE to axe serious case review system in favour of national and local reviews – Local Government Lawyer

Posted June 1st, 2016 in case management, children, inquiries, local government, news by sally

‘Ministers are to scrap the serious case review system used when children have suffered severe harm.’

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Local Government Lawyer, 1st June 2016

Source: www.localgovernmentlawyer.co.uk

Examining the effectiveness of celebrity injunctions – Halsbury’s Law Exchange

‘Is the Supreme Court’s decision in PJS v NGN [2016] UKSC 26, [2016] All ER (D) 135 (May), as Lord Toulson suggests, out of touch with reality? Sara Mansoori, barrister at Matrix Chambers, considers the wider consequences of the case and suggests that even when information is in the public domain, the law of privacy can prevent repetition of that information where such repetition can cause unwarranted distress.’

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Halsbury’s Law Exchange, 25th May 2016

Source: www.halsburyslawexhange.co.uk

Drug counsellors, how could drug legislation be improved? – The Guardian

Posted June 1st, 2016 in consultations, drug abuse, drug offences, news, social services by sally

‘As an annual survey finds MDMA is making a comeback, we want to hear from those who work with addiction about reducing the damage of drug misuse.’

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The Guardian, 31st May 2016

Source: www.guardian.co.uk