Fair share – Counsel

‘All members should feel that chambers is doing their best for them. But how can you check work is being allocated fairly, and how can clerks demonstrate the fact of fairness? Rachel Crasnow QC reports from a seminar addressing these concerns.’

Full Story

Counsel, June 2017

Source: www.counselmagazine.co.uk

Changes to the Seizure Provisions Under the Criminal Finance Act 2017 – Drystone Chambers

‘On the 27th April 2017 the Criminal Finance Act (‘CFA 2017’) received Royal Assent. The Criminal Finance Act 2017 ushers in wide-ranging reforms to the Proceeds of Crime Act 2002 (‘POCA 2002’). This article is part of a series of short comment pieces highlighting some of the main changes the CFA 2017 makes. It also covers issues related to Barnaby’s previous piece which set out some of the changes the Criminal Finance Bill enacted.’

Full Story

Drystone Chambers, 30th May 2017

Source: drystone.com

Interim Injunctions in Sport Litigation – Blackstone Chambers

Posted June 9th, 2017 in arbitration, injunctions, news, sport by sally

‘This paper is the second in a series to be published on the Sports Law Bulletin following presentations made at Blackstone Chambers’ Integrity in Sport – the Battleground seminar on 30th March 2017.’

Full Story

Blackstone Chambers, 31st May 2017

Source: www.sportslawbulletin.org

R (C) v Islington LBC – Arden Chambers

‘The Administrative Court has held that priority within a housing allocation scheme providing that existing social housing tenants are to be preferred over other applicants, such as the homeless and women fleeing domestic violence, for certain local lettings of eg new and refurbished accommodation was justified and accordingly had not been unlawfully discriminatory for the purposes of art.14 and ss.19, 29 Equality Act 2010; the introduction of the local lettings policies had complied with s.149 Equality Act 2010 and s.11 Children Act 2004; but the operation of a system of direct offers, used particularly to allocate accommodation to homeless applicants, had not been sufficiently set out in the scheme and was accordingly unlawful.’

Full Story

Arden Chambers, 31st May 2017

Source: www.ardenchambers.com

‘Uber’ising the workforce – Counsel

‘Drivers, couriers and freelance plumbers: have the leaks in employment protection been repaired? Chris Milsom reports.’

Full Story

Counsel, June 2017

Source: www.counselmagazine.co.uk

Liability of trustees in bankruptcy: important new Court of Appeal case – 4 New Square

Posted June 9th, 2017 in bankruptcy, fiduciary duty, judgments, news, trustees in bankruptcy by sally

‘The liability of trustees in bankruptcy to bankrupts is a curiously under – developed area of law. There has been a lack of clarity the circumstances in which a trustee can be liable to a bankrupt personally (rather than liable for losses to the bankrupt’s estate). However, this issue came before the Court of Appeal last month (judgment handed down 25 May 2017).’

Full Story

4 New Square, 8th June 2017

Source: www.4newsquare.com

Rule 44. 11 – Court’s powers in relation to misconduct – 4 KBW

‘Part 44 of the Civil Procedure (Amendment) Rules 2013 (SI 2013/262) was re-enacted on 1st April 2013 and concerns the court’s powers in relation to misconduct. incur Where a party (a) fails to comply with a court rule in assessment or summary proceedings, or (b) acts unreasonably or improperly before or during proceedings the court may disallow all or part of the costs which are being assessed or order the party at fault or that party’s legal representative to pay costs which that party or legal representative has caused any other party to incur. The misconduct extends to the legal representative of a party as well as to the party personally and includes both summary assessment and detailed assessment proceedings and refers to any failure to comply with the provisions of Part 47 and any direction, rule, practice direction or court order.’

Full Story

4 KBW, 2nd June 2017

Source: www.4kbw.net

Free speech and e-media – Counsel

‘Google, Facebook, Twitter and other intermediaries increasingly face a broadly united front of protest. Is it time to regulate? asks Richard Spearman QC.’

Full Story

Counsel, June 2017

Source: www.counselmagazine.co.uk

Recovering costs – helpful hints (private law) – Local Government Lawyer

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

Full Story

Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

FHDRAs: what should and shouldn’t happen – Family Law Week

‘Marie Crawford, barrister of Becket Chambers, considers the orders a court might make at first hearing and dispute resolution appointment.’

Full Story

Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

Calling time – Counsel

Posted June 9th, 2017 in company law, courts, jurisdiction, limitations, news, time limits by sally

‘The law on limitation directions – a useful tool for junior litigators attempting to restore companies to the register – has finally been anchored down by the courts. Ben Harding reports on the practical effect.’

Full Story

Counsel, June 2017

Source: www.counselmagazine.co.uk

The only way is ethics – Counsel

‘With integrity at the heart of the Bar, dilemmas often arise. Rachel Langdale QC calls to mind the guiding hand of the Ethics Committee, assisting barristers in the heat (or calm) of a crisis. Ellie Cumbo offers an insight into a year at the other end of the helpline.’

Full Story

Counsel, June 2017

Source: www.counselmagazine.co.uk

Whip-lash away? – Counsel

Posted June 9th, 2017 in barristers, bills, costs, damages, judges, news, personal injuries, road traffic by sally

‘As the general election pauses the planned whiplash reforms, Robert Weir QC examines the winners and losers, implications for personal injury litigation and disproportionate impact on the junior Bar.’

Full Story

Counsel, June 2017

Source: www.counselmagazine.co.uk

Rules on the portability of online content finalised – OUT-LAW.com

Posted June 9th, 2017 in EC law, internet, markets, news by sally

‘Online content service providers will be obliged to ensure that consumers in the EU can access the material they subscribe to when they are “temporarily present” in another EU country, under new rules approved by EU law makers.’

Full Story

OUT-LAW.com, 9th June 2017

Source: www.out-law.com

Judge hits out at border controls after alleged mastermind of Britain’s biggest ever banking fraud flees despite no passport – Daily Telegraph

‘A judge has hit out at UK border controls after a tycoon suspected of masterminding Britain’s biggest ever banking fraud was able to flee to Pakistan despite having no passport and whilst wearing an electronic tag.’

Full Story

Daily Telegraph, 8th June 2017

Source: www.telegraph.co.uk

Michelle Spencer jailed for murdering partner as they kissed – BBC News

Posted June 9th, 2017 in domestic violence, imprisonment, murder, news, sentencing by sally

‘A mother of two who stabbed her partner to death in “a flash of temper” as they kissed and cuddled has been jailed for at least 13 years.’

Full Story

BBC News, 8th June 2017

Source: www.bbc.co.uk

Heart surgeon spared jail for molesting women after judge says it may be in public interest for him to operate again – Daily Telegraph

‘A world-renowned heart surgeon has been spared jail for molesting two women after a judge said it may be in the public interest for him to operate again.’

Full Story

Daily Telegraph, 8th June 2017

Source: www.telegraph.co.uk

Campaigners win permission for Court of Appeal challenge to fracking decision – Local Government Lawyer

Posted June 9th, 2017 in appeals, environmental protection, news, planning by sally

‘Campaigners have this week been granted permission to appeal a Planning Court ruling allowing fracking at a site in Lancashire.’

Full Story

Local Government Lawyer, 8th June 2017

Source: www.localgovernmentlawyer.co.uk

Soldier Sam Dallow jailed after paedophile hunter ‘sting’ – BBC News

Posted June 9th, 2017 in armed forces, child abuse, news, sentencing, sexual grooming by sally

‘A soldier who admitted grooming a child after sending explicit messages over the internet from his Army barracks, has been jailed.’

Full Story

BBC News, 8th June 2017

Source: www.bbc.co.uk