Budget does not replace detailed assessment, says another regional costs judge – Litigation Futures

Posted February 17th, 2017 in budgets, costs, news by sally

‘A second regional costs judge has ruled that an approved budget does not hinder a detailed assessment, but also called on the higher courts or the rule committee to give a definitive view.’

Full story

Litigation Futures, 16th February 2017

Source: www.litigationfutures.com

The OCENSA Pipeline Group Litigation: costs in group litigation – Henderson Chambers

Posted February 17th, 2017 in costs, indemnities, news by sally

‘On 21 December 2016, Mr Justice Stuart-Smith gave judgment in relation to the costs issues arising out of the OCENSA Pipeline Group Limitation (Arroyo v Equion Energia Limited [2016] EWHC 3348 (TCC)). This judgment followed the very lengthy judgment ([2016] EWHC 1699 (TCC)) given on 27 July 2016, in which he dismissed, on the facts and on the law, 4 Lead Claims.’

Full story (PDF)

Henderson Chambers, 20th January 2017

Source: www.hendersonchambers.co.uk

Ransomware fast becoming the top cyber risk facing organisations, says expert – OUT-LAW.com

Posted February 17th, 2017 in computer crime, internet, news by sally

‘Ransomware is fast becoming the biggest cyber risk facing organisations, who often feel pressured to pay criminals to give them back control over the data they have encrypted or deleted.’

Full story

OUT-LAW.com, 16th February 2017

Source: www.out-law.com

Insurance surgery: liability & multi-party accidents abroad – New Law Journal

Posted February 17th, 2017 in accidents, conflict of laws, EC law, insurance, news, personal injuries by sally

‘The Court of Appeal has provided welcome clarity on determining which laws should apply in cross-border cases, says Kelvin Farmaner.’

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New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

‘Devastated and destroyed’: McKenzie friend victims speak out on TV – Law Society’s Gazette

Posted February 17th, 2017 in McKenzie friends, news, perverting the course of justice by sally

‘McKenzie friend whom the Gazette has been investigating since the end of last year has been featured on a BBC current affairs programme on which his former clients spoke of feeling ‘devastated, destroyed and distraught’ by his actions.’

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Law Society’s Gazette, 13th February 2017

Source: www.lawgazette.co.uk

Graham John Wheeler: Referendums That Time Forgot – UK Constitutional Law Association

Posted February 17th, 2017 in bills, constitutional history, legal history, news, referendums by sally

‘It is well known that the first national referendum in the UK was the 1975 poll on EEC membership. It is also quite well known that A.V. Dicey called for the introduction of the referendum into British politics from the 1880s onwards as a means of defeating Irish home rule. This episode was the subject of an exchange between Dominic Chambers QC and Lord Sumption in the Article 50 case.’

Full story

UK Constitutional Law Association, 17th February 2017

Source: www.ukconstitutionallaw.org

EVENT: Queen Mary – Childbirth and the Court of Protection

Posted February 17th, 2017 in Forthcoming events by sally

‘This seminar will take a critical look at forced caesarean decisions in the Court of Protection including:

What is the appropriate threshold for capacity to make childbirth decisions? How does the court’s assessment of capacity in childbirth compare to capacity to make other reproductive decisions?
What evidence does the court use to assess a woman’s best interests in childbirth? Are there more sources of evidence on which the court could draw?
How can the court be better informed of the woman’s preferences?
What role does safety of the foetus play in decision-making?
What is the procedure for bringing these cases to court? Can it be improved?’

Date: 8th March 2017, 5.00-7.00pm

Location: 39 Essex Chambers, 81 Chancery Lane, London WC2 1DD

Charge: Free, booking required

More information can be found here.

EVENT: The Constitution Unit – Brexit at Westminster: can Parliament play a meaningful role?

Posted February 17th, 2017 in Forthcoming events by sally

‘Brexit presents Parliament with daunting challenges, politically and procedurally. Every Select Committee has an interest, and over 40 committee inquiries have been launched. A new Brexit Committee of twice the normal size was established in October. Its Chair, Hilary Benn, will talk about the challenges it faces; Baroness Kishwer Falkner will explain the work of the Lords EU Committee and its sub-Committees; and Commons legal adviser Arnold Ridout will talk about the Brexit work of the other Select Committees in the Commons.

Speakers:
Rt Hon Hilary Benn MP, Chair of Commons Brexit Committee

Baroness Kishwer Falkner, Chair of the House of Lords European Union Sub-Committee on Financial Affairs

Arnold Ridout, Clerk of European Legislation, House of Commons

Professor Meg Russell, Director of the Constitution Unit, will Chair the seminar’

Date: 13th March 2017, 12.30-2.00pm

Location: Chadwick Building, Room B05, UCL, Gower Street, London WC1E 6BT

Charge: Free, registration required

More information can be found here.

EVENT: IALS – We Are All Translators Now: Constitutional Analysis as Translation

Posted February 17th, 2017 in Forthcoming events by sally

‘Speaker: Professor Laurence M. Solan, Don Forchelli Professor of Law and Director of Graduate Education, Brooklyn Law School, New York City, USA

Professor Laurence M. Solan is Director of Brooklyn Law School’s Center for the Study of Law, Language and Cognition. His acclaimed book, The Language of Judges, is widely recognized as a seminal work on linguistic theory and legal argumentation.’

Date: 13th March 2017, 6.00-8.00pm

Location: Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR

Charge: Free, booking required

More information can be found here.

A repeat of Mid Staffs errors is ‘inevitable’, warns Sir Robert Francis – Local Government Lawyer

Posted February 17th, 2017 in hospitals, inquiries, news by sally

‘The QC who carried out a review of failures at the Mid Staffs Hospital five years ago says that a similar collapse is ‘inevitable’ under current circumstances where some health trusts are accepting impossible performance targets. ‘

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

Judy Dawson discusses another case involving incorrect Court fees paid and whether this gifts the Defendant a limitation defence – Park Square Barristers

Posted February 17th, 2017 in damages, fees, limitations, news by sally

‘In January 2016 I discussed the case of Lewis v Ward Hadaway [2015] EWCA 3503 (Ch) and the possible avenues for Defendants to counter a practice which was at least perceived to be increasing of Claimant solicitors issuing Claim Forms for values below the actual value of the claim, in order to delay the payment of higher Court Fees.’

Full story

Park Square Barristers, 13th January 2017

Source: www.parksquarebarristers.co.uk

Officials “exceeded powers” when barring demonstrators from entering court – Local Government Lawyer

Posted February 17th, 2017 in courts, demonstrations, HM Courts Service, news, public order by sally

‘Court officials exceeded their powers when they barred supporters of the founder of the Fathers 4 Justice pressure group from entering Aldershot Magistrates Court.’

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

When is relief from forfeiture available? – Tanfield Chambers

Posted February 17th, 2017 in canals, estoppel, forfeiture, licensing, news, water by sally

‘Property analysis: Is relief from forfeiture only available to claimants with proprietary or possessory rights? Barrister Robert Bowker, of Tanfield Chambers, considers the recent High Court decision in General Motors UK v Manchester Ship Canal Company.’

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Tanfield Chambers, 26th January 2017

Source: www.tanfieldchambers.co.uk

The legal landscape on cybersecurity is changing with stiffer fines for breaches on the way, says expert – OUT-LAW.com

Posted February 17th, 2017 in data protection, EC law, fines, news, notification by sally

‘Organisations face stiffer obligations on the security measures they must put in place to prevent their systems and data being compromised as well as new duties to disclose major incidents or breaches they experience.’

Full story

OUT-LAW.com, 16th February 2017

Source: www.out-law.com

Shoplifter spared jail after applying to go on The Jeremy Kyle Show to seek help – Daily Telegraph

‘A serial shoplifter has avoided prison after magistrates heard he is applying to appear on The Jeremy Kyle Show to seek help.’

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Daily Telegraph, 16th February 2017

Source: www.telegraph.co.uk

Woman guilty of ‘horrific’ Sheffield murder – BBC News

Posted February 17th, 2017 in murder, news by sally

‘A woman has been found guilty of the “horrific” murder of a man after taking drugs at a house in Sheffield.’

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BBC News, 16th February 2017

Source: www.bbc.co.uk

Law firm insurer fails in High Court bid to recover property fraud losses from solicitor – Legal Futures

Posted February 17th, 2017 in fraud, insurance, money laundering, news, solicitors by sally

‘A highly experienced solicitor who breached the Money Laundering Regulations 2007 in a property transaction that led to a £500,000 fraud did not act dishonestly, the High Court has ruled.’

Full story

Legal Futures, 17th February 2017

Source: www.legalfutures.co.uk

Kirklees council breached parents’ human rights by removing baby – The Guardian

Posted February 17th, 2017 in care orders, human rights, local government, news, parental responsibility by sally

‘Social workers have been accused of breaching the human rights of a couple after their week-old baby was taken off them in hospital when the father praised “the benefits of formula milk”.’

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The Guardian, 16th February 2017

Source: www.guardian.co.uk

Domestic abuse victims wait nearly two years for compensation – The Guardian

Posted February 17th, 2017 in compensation, domestic violence, news, statistics, victims by sally

‘Domestic violence victims are waiting almost two years on average to receive compensation for abuse they have suffered, government statistics have revealed.’

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The Guardian, 17th February 2017

Source: www.guardian.co.uk

‘Keep sex abuse dad’s name off my wedding certificate’ – BBC News

Posted February 17th, 2017 in bills, child abuse, families, marriage, news by sally

‘If Jenny ever gets married, there will be no dad walking her down the aisle and, if she gets her way, no mention of him on her marriage certificate either.’

Full story

BBC News, 17th February 2017

Source: www.bbc.co.uk