Author: sally

Clinical Legal Education conference report – LegalVoice

Posted March 7th, 2013 in law centres, legal education, news, universities by sally

“It is well-accepted that clinical projects are an excellent forum for helping law students learn practical skills and formulate real-world solutions to legal problems rather than merely an abstract determination of liability. In the 1970s and 1980s, London South Bank University (LSBU) was at the forefront of clinic but upon the massification of higher education we lost our clinical projects because they were not financially sustainable. Revitalised by the employability agenda, clinic has returned to LSBU as an innovative South London drop-in service where students give face-to face legal advice in an open-door clinic.”

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LegalVoice, 7th March 2013

Source: www.legalvoice.org.uk

Youth jail illegally punished seven protesting teenagers, court rules – The Guardian

Posted March 7th, 2013 in demonstrations, illegality, news, prisons, punishment, young offenders by sally

“A privately run youth jail illegally punished seven teenagers after they were involved in a protest over conditions on their wing, a high court judge has ruled.”

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The Guardian, 7th March 2013

Source: www.guardian.co.uk

West Yorkshire Police lose football costs appeal case – BBC News

Posted March 7th, 2013 in appeals, costs, news, police, sport by sally

“West Yorkshire Police has lost its appeal case over the costs of policing matches at Leeds United’s Elland Road stadium.”

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BBC News, 7th March 2013

Source: www.bbc.co.uk

Campaigners win high court challenge over children’s heart surgery unit – The Guardian

Posted March 7th, 2013 in consultations, hospitals, judicial review, news by sally

“Campaigners have won a high court challenge over proposed changes to children’s heart surgery services in England.”

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The Guardian, 7th March 2013

Source: www.guardian.co.uk

Scott Stephenson: The Constitutional Significance of Statutory Repeal: How Far Can Parliament Turn Back the Clock? – UK Constitutional Law Group

Posted March 7th, 2013 in constitutional reform, human rights, legislation, news, repeals, treaties by sally

“The current system for human rights protection in the UK is once again under siege. In the last week, statements were made indicating that the Conservative Party’s manifesto for the next election would include major reforms to current arrangements. Chris Grayling, Justice Secretary and Lord Chancellor, declared that a future Conservative Government would repeal the UK Human Rights Act 1998 ‘and start[] again’, suggesting that it would be replaced by alternative legislation. Theresa May, Home Secretary, announced that the manifesto would include a promise to withdraw the UK from the European Convention on Human Rights.”

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UK Constitutional Law Group, 7th March 2013

Source: www.ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 7th, 2013 in legislation by sally

The Consumer Insurance (Disclosure and Representations) Act 2012 (Commencement) Order 2013

The Legal Aid (Disclosure of Information) Regulations 2013

The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013

The Occupational and Stakeholder Pension Schemes (Miscellaneous Amendments) Regulations 2013

The Building Societies (Core Capital Deferred Shares) Regulations 2013

The National Health Service (Optical Charges and Payments) Regulations 2013

The Merchant Shipping (Passengers’ Rights) Regulations 2013

The Criminal Legal Aid (Remuneration) Regulations 2013

The Non-Domestic Rating (Rates Retention) Regulations 2013

The Social Security (Information-sharing in relation to Welfare Services etc.) Amendment and Prescribed Bodies Regulations 2013

The Social Security (Personal Independence Payment) (Amendment) Regulations 2013

The Social Security (Claims and Payments) Amendment Regulations 2013

Source: www.legislation.gov.uk

MPs launch whiplash enquiry as sparks fly between insurers and claimant lawyers – Litigation Futures

Posted March 7th, 2013 in accidents, inquiries, insurance, news, select committees by sally

“MPs on the transport select committee are launching an inquiry into whiplash claims, chairman Louise Ellman revealed yesterday.”

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Litigation Futures, 6th March 2013

Source: www.litigationfutures.com

Supreme court may force air pollution legislation – The Guardian

Posted March 7th, 2013 in EC law, environmental protection, news, pollution, Supreme Court by sally

“The supreme court could force the government to take steps to urgently reduce dangerous air pollution in many British cities to meet European limits, following a landmark hearing this week.”

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The Guardian, 7th March 2013

Source: www.guardian.co.uk

Family of royal hoax suicide nurse denied legal aid for inquest – The Independent

Posted March 7th, 2013 in families, inquests, legal aid, legal representation, news, suicide by sally

“The family of the nurse who apparently took her own life after answering the Duchess of Cambridge hoax call has been denied legal aid for her inquest, The Independent can disclose.”

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The Independent, 7th March 2013

Source: www.independent.co.uk

MPs seek ‘fundamental review’ of RIPA after raising concerns with oversight of undercover police work – OUT-LAW.com

Posted March 7th, 2013 in interception, investigatory powers, legislation, news, police, reports, telecommunications by sally

“The Government should commit to a ‘fundamental review’ of UK legislation that governs surveillance practices and the interception of communications, a Parliamentary committee has said.”

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OUT-LAW.com, 5th March 2013

Source: www.out-law.com

Right or Wrong? The Court of Appeal causes controversy by finding ‘good reasons’s for Claimant to be allowed to depart from its own costs budget – Zenith Chambers

Posted March 7th, 2013 in appeals, budgets, costs, news, reasons by sally

“On the eve of costs budgeting becoming an integral aspect of multi-track case management, the Court of Appeal has caused controversy by reversing Senior Costs Judge Hirst’s tough decision in Henry v News Group Newspapers (SCCO) 28th May 2012).”

Full story (PDF)

Zenith Chambers, 12th February 2013

Source: www.zenithchambers.co.uk

BAILII: Recent Decisions

Posted March 7th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Goodman v Faber Prest Steel [2013] EWCA Civ 153 (05 March 2013)

Tesla Motors Ltd & Anor v British Broadcasting Corporation (BBC) [2013] EWCA Civ 152 (05 March 2013)

Iqbal v Dean Manson Solicitors & Ors (No 2) [2013] EWCA Civ 149 (05 March 2013)

Petroleo Brasileiro SA (Petrobras) v Petromec Inc [2013] EWCA Civ 150 (05 March 2013)

Chilab v King’s College London [2013] EWCA Civ 147 (28 February 2013)

High Court (Chancery Division)

Garwood v Bank of Scotland Plc [2012] EWHC 415 (Ch) (04 March 2013)

Stichting BDO & Ors v BDO Unibank, Inc & Ors [2013] EWHC 418 (Ch) (04 March 2013)

High Court (Family Division)

GB v RNB [2013] EWHC 414 (Fam) (27 February 2013)

High Court (Commercial Court)

Lisnave Estaleiros Navais SA v Chemikalien Seetransport GmbH [2013] EWHC 338 (Comm) (27 February 2013)

Al Sulaiman v Credit Suisse Securities (Europe) Ltd & Anor [2013] EWHC 400 (Comm) (01 March 2013)

Source: www.bailii.org

Top Gear up before Top Judges – UK Human Rights Blog

Posted March 7th, 2013 in appeals, BBC, damages, defamation, malicious falsehood, news, striking out by sally

“The Court of Appeal has refused an appeal against the strike out of a libel claim against the BBC in relation to a review of an electric sports car by the ‘Top Gear’ programme. The judge below had been correct in concluding that there was no sufficient prospect of the manufacturer recovering a substantial sum of damages such as to justify continuing the case to trial.”

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UK Human Rights Blog, 6th March 2013

Source: www.ukhumanrightsblog.com

Man jailed for murder of woman and death of unborn child – The Guardian

Posted March 7th, 2013 in children, murder, news, sentencing by sally

“A man who beat his pregnant former fiancee to death causing the death of their unborn baby has been jailed for at least 27 years.”

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The Guardian, 6th March 2013

Source: www.guardian.co.uk

Keighley rape trial: Bilal Hussain and Shazad Rehman jailed – BBC News

Posted March 7th, 2013 in children, conspiracy, drug trafficking, news, rape, sentencing by sally

“Two men have been jailed for drugging and raping vulnerable under-age girls they found walking the streets.”

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BBC News, 6th March 2013

Source: www.bbc.co.uk

Government to legislate for plain cigarette packaging this year – The Guardian

Posted March 7th, 2013 in advertising, children, health, news, smoking by sally

“Ministers are to introduce plain packaging for cigarettes along the Australian model with legislation this year, after becoming convinced that the branding is a key factor in why young people start to smoke.”

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The Guardian, 5th March 2013

Source: www.guardian.co.uk

Settling the case – what about costs? – Zenith Chambers

Posted March 6th, 2013 in costs, news by sally

“After prolonged negotiations the case is settled – or so it seems. When acting for the Claimant you may say, ‘We haven’t got all we wanted but at least we’ve succeeded.’ For the Defendant you may say, ‘We’ve cut the Claimant down very considerably.’ Very often what then is said is ‘We’ve reached a compromise, no order as to costs’. That is altogether too simplistic a view of the situation.”

Full story (PDF)

Zenith Chambers, 14th February 2013

Source: www.zenithchambers.co.uk

Lord Neuberger to the executive: get your tanks off the judicial lawn – UK Human Rights Blog

Posted March 6th, 2013 in human rights, judiciary, legal aid, news, United Nations by sally

“In a rare public intervention Lord Neuberger, President of the UK Supreme Court, has flagged three important issues that should be of concern to us all.”

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UK Human Rights Blog, 6th March 2013

Source: www.ukhumanrightsblog.com

Silence is not necessarily golden: the consequences of failing to adduce evidence in rebuttal in civil trials – Zenith Chambers

Posted March 6th, 2013 in burden of proof, evidence, news, witnesses by sally

“Gordon Exall considers the practical issues that arise from the principle that a court can draw adverse inferences from a party’s failure to adduce evidence on an issue.”

Full story (PDF)

Zenith Chambers, 12th February 2013

Source: www.zenithchambers.co.uk

Children and same sex families: known biological fathers and contact: the decision in S v D and E / T v X and Y [2013] EWHC – Zenith Chambers

Posted March 6th, 2013 in artificial insemination, civil partnerships, contact orders, news, parental rights by sally

“Where do parents and prospective parents stand after the very recent decision in the case of S v D and E? What can parenting lesbian mothers and the men who donate sperm to enable them to have children expect if there is a disagreement between them as to the role of biological fathers in their children’s lives?”

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Zenith Chambers, 14th February 2013

Source: www.zenithchambers.co.uk