An Oxford medical student stabbed her boyfriend with a bread knife. So why did she not go to prison? – The Secret Barrister

‘Lavinia Woodward, the 24-year old Oxford student who pleaded guilty to stabbing her boyfriend with a bread knife, was sentenced yesterday at Oxford Crown Court for unlawful wounding. The case caused a splash back in May when, having entered her plea, the defendant was told by the judge that she was unlikely to receive an immediate custodial sentence, in part due to her promising medical career. Thus was born the tale of the rich, blonde, white Oxford student who was “too clever” to be sent to prison. “Too clever” appears in all headlines in quotation marks, notwithstanding that no-one in court, not least the judge, ever used these words; rather this is one of the those splendid auto-generated media myths, where one tabloid shorthand was adopted by all until everyone came to accept that these words must have been said.’

Full Story

The Secret Barrister, 26th September 2017

Source: thesecretbarrister.com

House of Lords committee to look into need for Brexit transition deal – OUT-LAW.com

Posted September 29th, 2017 in EC law, inquiries, international relations, news, select committees, speeches, treaties by sally

‘A House of Lords committee is to examine the legal basis for, and potential costs to the UK of, a time-limited Brexit transitional period.’

Full Story

OUT-LAW.com, 28th September 2017

Source: www.out-law.com

Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

Full Story

Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Press watchdog’s future in doubt after chief’s anti-Mail tweets – The Guardian

Posted September 29th, 2017 in internet, judicial review, media, news, professional conduct, publishing, reports, standards by sally

‘The future of the only government-approved press watchdog, Impress, is in doubt after an internal report concluded that its chief executive had brought the organisation into disrepute and that his position would be untenable if the Daily Mail and the Sun had applied to join.’

Full Story

The Guardian, 28th September 2017

Source: www.theguardian.com

Legal Services Board told not to force lower disciplinary standard of proof “through the back door” – Legal Futures

‘The Legal Services Board (LSB) has been warned against trying to force the introduction of the civil standard of proof in the Solicitors Disciplinary Tribunal (SDT) without proper consultation.’

Full Story

Legal Futures, 29th September 2017

Source: www.legalfutures.co.uk

Lavinia Woodward: Sentencing judge investigated – BBC News

Posted September 29th, 2017 in complaints, judges, news, sentencing, suspended sentences by sally

‘A judge who spared an Oxford University student jail after she stabbed her boyfriend is being investigated.’

Full Story

BBC News, 28th September 2017

Source: www.bbc.co.uk

Woman’s murder in care home could have been prevented, inquiry finds – The Guardian

Posted September 29th, 2017 in autism, care homes, mental health, murder, news, social services by sally

‘The murder of an 18-year-old woman by a fellow resident at a care home who had previously attempted to strangle other women was both predictable and preventable, a serious case review has found.’

Full Story

The Guardian, 28th September 2017

Source: www.theguardian.com

Man jailed for spraying ammonia in taxi driver’s face in Newcastle – The Guardian

Posted September 29th, 2017 in grievous bodily harm, hazardous substances, imprisonment, news, sentencing, wounding by sally

‘A man who sprayed ammonia in a taxi driver’s face has been jailed for more than four years.’

Full Story

The Guardian, 28th September 2017

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 28th, 2017 in legislation by Verity

The Immigration Act 2014 (Current Accounts) (Freezing Orders: Code of Practice) Regulations 2017

The Immigration Act 2016 (Consequential Amendments) Regulations 2017

The Neighbourhood Planning Act 2017 (Commencement No. 2) Regulations 2017

The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) (Amendment) Regulations 2017

The Proscribed Organisations (Name Change) (No. 2) Order 2017

The Energy Act 2016 (Commencement No. 4 and Transitory Provision) Regulations 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 28th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

High Court (Family Division)

High Court (Queen’s Bench Division)

Source: www.bailii.org

Domestic Abuse – revised guidance issued – what does it say?- Transparency Project

Posted September 28th, 2017 in domestic violence, family courts, news, practice directions by sally

‘Children at risk of psychogical or physical abuse must not have contact with parent, judges told (sic)

This was the headline in The Times that arose from the publication by the President of the Family Division of a revised Practice Direction 12J (PD12J). PD12J is the part of the family court rules that sets out how the court should deal with allegations of domestic abuse.’

Full Story

Transparency Project, 24th September 2017

Source: www.transparencyproject.org.uk

Council agrees to review 500+ benefit applications after tribunal appeal delays – Local Government Lawyer

Posted September 28th, 2017 in appeals, benefits, delay, news, social security, tribunals by sally

‘A city council has agreed to review more than 500 benefit applications after the Local Government and Social Care Ombudsman found delays in its appeals process.’

Full Story

Local Government Lawyer, 27th September 2017

Source: www.localgovernmentlawyer.co.uk

Oliver Butler: The Data Protection Bill and Public Authority Powers to Process Personal Data: Resurrecting Clause 152 of the Coroners and Justice Bill 2009? – UK Constitutional Law Association

Posted September 28th, 2017 in bills, data protection, EC law, local government, news, public interest by sally

‘The Data Protection Bill currently before Parliament substantially resurrects the controversial clause 152 of the Coroners and Justice Bill 2009. Careful scrutiny of this provision is needed and it must not be lost in the legislative morass as the UK grapples with data protection reform.’

Full Story

UK Constitutional Law Association, 28th September 2017

Source: ukconstitutionallaw.org

London Trading Standards issue £370k fines to letting agents in three months – Local Government Lawyer

Posted September 28th, 2017 in consumer protection, estate agents, fines, landlord & tenant, London, news by sally

‘Trading Standards departments in London have issued fines amounting to around £370,000 to lettings agents in the last three months alone, it has emerged.’

Full Story

Local Government Lawyer, 27th September 2017

Source: www.localgovernmentlawyer.co.uk

Let’s be clear: “Right to die” and “Withdrawal of treatment” are not the same – Transparency Project

Posted September 28th, 2017 in assisted suicide, consent, euthanasia, human rights, medical treatment, news by sally

‘The recent judgment of Mr Justice Peter Jackson that doctors and relatives do not always need to consult the court before withdrawing medical treatment from a terminally ill patient has been reported under headlines labelling it a “right to die” case. This is wrong and risks conflating two quite different situations in the lay reader’s mind.’

Full Story

Transparency Project, 24th September 2017

Source: www.transparencyproject.org.uk

Court comes down hard on fake certificate sellers – Technology Law Update

Posted September 28th, 2017 in examinations, fraud, news by sally

‘Students hoping to secure places in higher education or with employers will want to put their best foot forward with a sheaf of hard-won qualifications. But fake certificates sold online are an increasing problem. Now the body representing the main UK examination boards, the Joint Council for Qualifications or JCQ, has won an important court victory against the fraudsters, sending a strong message to others making money from this illicit trade.’

Full Story

Technology Law Update, 27th September 2017

Source: www.technology-law-blog.co.uk

Law Society lashes SRA over “new Wild West” of legal regulation – Legal Futures

Posted September 28th, 2017 in Law Society, legal services, news, solicitors, Solicitors Regulation Authority by sally

‘The Law Society has hit out at the latest raft of reforms proposed yesterday by the Solicitors Regulation Authority (SRA) and particularly the idea of granting ‘freelance’ solicitors the ability to deliver reserved legal services without being either a registered sole practitioner or part of a law firm.’

Full Story

Legal Futures, 28th September 2017

Source: www.legalfutures.co.uk

Child abduction returns trumped by asylum claims – Family Law

Posted September 28th, 2017 in asylum, child abduction, news, treaties by sally

‘What happens when a parent, who has abducted a child to this country and would be ordered to return the child immediately under the 1980 Hague Convention, claims asylum for themself and the child? Which takes precedence? The English High Court has just dealt with this issue.’

Full Story

Family Law, 25th September 2017

Source: www.familylaw.co.uk

Calls for public inquiry as £37m compensation agreed for victims of rogue surgeon Ian Paterson – Daily Telegraph

Posted September 28th, 2017 in compensation, doctors, health, inquiries, medical treatment, negligence, news, victims by sally

‘Victims of rogue cancer surgeon Ian Paterson yesterday called for a public inquiry into the regulation of private doctors as a High Court judge approved a £37 million compensation package for hundreds of people who suffered at his hands.’

Full Story

Daily Telegraph, 27th September 2017

Source: www.telegraph.co.uk

Clacton woman Marie Dent, 44, posed as teen to groom boy, 15 – BBC News

Posted September 28th, 2017 in news, sentencing, sexual grooming, women by sally

‘A 44-year-old woman who posed as a teenage girl to groom a boy for sex, has been jailed for three years.’

Full Story

BBC News, 26th September 2017

Source: www.bbc.co.uk