“Ageism” of virtual law firms not being confronted – Legal Futures

Posted December 6th, 2019 in age discrimination, law firms, news by sally

‘The “ageism” of new-breed ‘virtual’ law firms, with their focus on senior lawyers at the expense of younger ones, has not been confronted, an analysis has argued.’

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Legal Futures, 6th December 2019

Source: www.legalfutures.co.uk

Property Guardians, vanishing companies and still getting it wrong – Nearly Legal

‘You may or may not have heard that one of the largest Property Guardian firms put itself (and all its related companies) into voluntary liquidation on 6 November 2019. But that is what Camelot did.’

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Nearly Legal, 5th December 2019

Source: nearlylegal.co.uk

Mother claims judge’s ‘outdated views’ on sexual assault led him to rule against her in child custody battle – Daily Telegraph

Posted December 6th, 2019 in bias, children, custody, domestic violence, judges, news, rape by sally

‘A mother has claimed that a judge’s “outdated views” on sexual assault led him to rule against her after she accused a former partner of rape during a child custody case.’

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Daily Telegraph, 5th December 2019

Source: www.telegraph.co.uk

‘Oval Four’ men jailed in 1972 cleared by court of appeal in London – The Guardian

‘Three men who were convicted nearly 50 years ago on the evidence of a corrupt police officer have finally had their names cleared by senior judges.’

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The Guardian, 5th December 2019

Source: www.theguardian.com

Slough gynaecologist jailed for secretly filming nurse during sex – BBC News

Posted December 6th, 2019 in doctors, news, sentencing, voyeurism by sally

‘A gynaecologist who used glasses with a hidden camera to film himself having sex with a student nurse has been jailed for 14 months.’

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BBC News, 5th December 2019

Source: www.bbc.co.uk

Resolving intractable disputes: best practice – New Law Journal

‘Enforcing contractual clauses to mediate, not litigate. Rob Langley, a mediator at North East Mediation Solutions, reports on how new rules are developing.’

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New Law Journal, 27th November 2019

Source: www.newlawjournal.co.uk

Dispute Resolution & Conflict Avoidance Training in times of increasing complexity – New Law Journal

Posted December 5th, 2019 in arbitration, dispute resolution, legal education, legal profession, news by sally

‘Disputes do arise. Between states, in businesses, within different sectors and in small knit groups, disagreements can happen, and they can have many unwelcome consequences.’

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New Law Journal, 28th November 2019

Source: www.newlawjournal.co.uk

Empirical vision: Professor Cheryl Thomas QC – Counsel

Posted December 5th, 2019 in barristers, inns of court, legal education, legal profession, news by sally

‘New terms of engagement: the first Dean of Education at Inner Temple, whose research on juries, judges and courts continues to break ground, turns her empirical eye towards a fresh vision of lifelong learning for the Bar.’

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Counsel, December 2019

Source: www.counselmagazine.co.uk

Happy anniversary? 30 years of the Children Act – New Law Journal

Posted December 5th, 2019 in children, families, legal history, news by sally

‘On the 30th anniversary of the Children Act, David Burrows reflects on the state of children’s rights.’

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New Law Journal, 28th November 2019

Source: www.newlawjournal.co.uk

Disclosure pilot for the Business & Property Courts – Counsel

‘A cut out & keep guide to Practice Direction 51U and overview of the changes to disclosure procedures in the Business and Property Courts.’

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Counsel, December 2019

Source: www.counselmagazine.co.uk

Lomax v Lomax & the future of compulsory mediation – New Law Journal

Posted December 5th, 2019 in dispute resolution, news by sally

‘Bryan Clark provides a backdrop to the current law & practice around compulsory mediation.’

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New Law Journal, 28th November 2019

Source: www.newlawjournal.co.uk

A Bar for all–with fair work distribution – Counsel

Posted December 5th, 2019 in barristers, diversity, equality, legal profession, news, statistics by sally

‘Disputes do arise. Between states, in businesses, within different sectors and in small knit groups, disagreements can happen, and they can have many unwelcome consequences.’

Full Story

Counsel, December 2019

Source: www.counselmagazine.co.uk

BSB publishes research into barristers’ attitudes to the revised CPD scheme – Bar Standards Board

‘The Bar Standards Board (BSB) has today published a report on the impact of its revised approach to regulating barristers’ Continuing Professional Development (CPD). It finds that most barristers welcome the revised scheme’s greater flexibility but lack understanding about the role of reflection in maintaining professional standards.’

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Bar Standards Board, 3rd December 2019

Source: www.barstandardsboard.org.uk

Med-Arb: a successful combination for beneficiaries? – New Law Journal

Posted December 5th, 2019 in arbitration, dispute resolution, news by sally

‘Dr James Behrens considers the pros & cons of evaluative mediation in resolving trust & estate disputes.’

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New Law Journal, 28th November 2019

Source: www.newlawjournal.co.uk

Some you might have missed – Panopticon

Posted December 5th, 2019 in consent, data protection, human rights, immigration, internet, news, privacy by sally

By which we mean: some that we did miss blogging about. With apologies and better late than nevers, here’s a round-up of three recent(ish) cases worthy of note. In R (Open Rights Group) v SSHD digital campaigners Open Rights Group and The3million (campaigning on behalf of so many EU Citizens living in the UK) challenged the immigration exemption – one of the few new features in the DPA 2018 that strengthens the controller’s hand – as incompatible with fundamental charter rights to privacy and protection of personal data. They also contended that it was too broad, vague and lacking in the safeguards required by the parent Article 23 GDPR (which enables Member States to enact domestic exemptions).The exemption follows a formula which is familiar from other exemptions, old and new – processing of personal data relating to some public good is exempt from data subject rights, to the extent that the public good is jeopardised by execise of those rights. The immigration-specific exemption is new – as the Secretary of State’s witness explained [29], ‘where an exemption was required in an immigration context, reliance was placed on the crime exemption contained latterly in s.29 of DPA 1998’. In other words, the Home Office was getting by OK under the old regime, and one aspect of the challenge to the exemption was that the introduction of a measure infringing fundamental rights must be ‘strictly necessary’.

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Panopticon, 5th December 2019

Source: panopticonblog.com

The Future Could Be Accessible, But Only If All Disability Shortlists Are Made Legal – Oxford Human Rights Hub

‘Tuesday 3 December marked the International Day of Persons with Disabilities (IDPWD), but with only one week to go until the UK General Election, the prospects of sufficient Members of Parliament with disabilities being elected looks dismal. The theme of the 2019 IDPWD is ‘The Future is Accessible’, examining what barriers need to be removed to enable full inclusion of people with disabilities. Reforming Section 104 of the Equality Act 2010 on selection of candidates to allow for All Disability Shortlists would remove a significant barrier. The legitimacy of our democracy and political engagement by disabled people requires it.’

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Oxford Human Rights Hub, 5th December 2019

Source: ohrh.law.ox.ac.uk

Law firm wrong to make solicitor pay for training course – Legal Futures

‘A law firm made an unlawful deduction of wages when it took £1,700 from the salary of a sacked solicitor turned office manager to cover the cost of a training course, an employment judge has ruled.’

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Legal Futures, December 2019

Source: www.legalfutures.co.uk

Court of Appeal rules as academic proceedings on discretionary housing payments and contributions – Local Government Lawyer

Posted December 5th, 2019 in appeals, benefits, housing, judicial review, local government, news by sally

‘The Court of Appeal had dismissed as academic a case brought against the London Borough of Islington over its discretionary housing payments (DHP) policy and a requirement for a claimant to make a contribution to a shortfall in rent.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Adam Perry: Enforcing Principles, Enforcing Conventions – UK Constitutional Law Association

‘Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I say yes.’

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UK Constitutional Law Association, 3rd December 2019

Source: ukconstitutionallaw.org

Councils Appeal High Court Ruling On Traveller Ban – Rights Info

‘The Court of Appeal has heard a landmark case which could have wide-ranging implications on whether local authorities can use injunctions to place a blanket ban on Travellers camping on public land.’

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Rights Info, 4th December 2019

Source: rightsinfo.org