Interesting times – New Law Journal

Posted May 14th, 2013 in agreements, consumer credit, costs, interest, law firms, loans, news by sally

“In Jeffrey Jones v SoS for Energy and Climate Change [2012] EWHC 2936 (QB) the High Court considered the use of credit agreements between a law firm and its clients.”

Full story

New Law Journal, 13th May 2013

Source: www.newlawjournal.co.uk

Pitt and another v Holt and another; Futter and another v Futter and others – WLR Daily

Posted May 14th, 2013 in financial advice, law reports, mistake, Supreme Court, taxation, trusts by sally

Pitt and another v Holt and another; Futter and another v Futter and others [2013] UKSC 26; [2013] WLR (D) 172

“The court’s jurisdiction to intervene in a decision made by trustees who were acting within their power arose only if they could be shown to have acted in breach of duty. Trustees who wished to exercise a discretion which was within their powers and sought and acted on the advice of apparently competent professional advisers not in breach of duty merely because the professional advice turned out to be incorrect.”

WLR Daily, May 2013

Source: www.iclr.co.uk

Taylor v Chief Constable of Hampshire Police – WLR Daily

Taylor v Chief Constable of Hampshire Police [2013] EWCA Civ 496; [2013] WLR (D) 171

“The Personal Protective Equipment at Work Regulations 1992 were engaged with respect to risks from sharp edges in a claim for damages for personal injury once such a risk was shown to be more than de minimis, and the employer had to provide suitable equipment to protect against that risk unless working methods could provide equal or more effective protection.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

Family law: a “time-consuming and morally shadowy activity”? – Halsbury’s Law Exchange

Posted May 14th, 2013 in family courts, legal profession, news by sally

“Recently an article in the Guardian described family law as a ‘time-consuming and morally shadowy activity’ and suggested that family lawyers ‘sleep in a bed that has been paid for by the unhappiness of others’. This was an article on ‘gold diggers’, a group hardly representative of the general population. But if ever a profession needed good PR, it’s family lawyers. The legal profession as a whole gets a pretty bad press, making it a fairly easy task for the government to promote other methods of obtaining legal advice and dispute resolution, as if entering the office of a lawyer who works with individual clients is something to be avoided, an easy way to empty your wallet with no obvious benefits.”

Full story

Halsbury’s Law Exchange, 14th May 2013

Source: www.halsburyslawexchange.co.uk

Sun on Sunday pays damages to man wrongly linked to serial killer – The Guardian

Posted May 14th, 2013 in costs, damages, media, news by sally

“The Sun on Sunday ran a front page ‘world exclusive’ last November headlined ‘I’m Fred West’s love child’.”

Full story

The Guardian, 13th May 2013

Source: www.guardian.co.uk

Whistleblowing – what’s in the public interest? – Halsbury’s Law Exchange

Posted May 14th, 2013 in employment, legislation, news, public interest, whistleblowers by sally

“Hardly a day goes by without whistleblowing being in the news. Just last month, two police officers were suspended in Cumbria for leaking information to the press about the expenses of an elected Police Commissioner. Last month, the Robert Francis Inquiry published its findings in to the high mortality rates at Mid Staffordshire NHS Trust, which found a culture of fear and silence throughout the organisation which discouraged staff from raising concerns about patient safety. According to research of the University of Greenwich, 80% of the public feel that whistleblowers should be protected. It seems like we are all agreed that we need more whistleblowers and that they should be protected. But why do we continue to hear about whistleblowers being victimised? As we have seen from the Cumbrian example, should police officers be suspended for raising concerns about the expenses of an elected official? When is whistleblowing in the public interest?”

Full story

Halsbury’s Law Exchange, 13th May 2013

Source: www.halsburyslawexchange.co.uk

Failure to comply with the ACAS Code – Employment Law Blog

“Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the Employment Act 2008, is concerned with the effect of failure to comply with the ACAS Code. In Lund v St Edmund’s School the EAT, presided over by Keith J, has held that, when considering whether ‘it is just and equitable in all the circumstances’, pursuant to Section 207A, to make an uplift to a compensatory award for an employer’s failure to follow the Code, an Employment Tribunal should not take into account the fact the employee had contributed to his dismissal.”

Full story

Employment Law Blog, 14th May 2013

Source: www.employment11kbw.com

Judge bars affair revenge naked pictures – Daily Telegraph

Posted May 14th, 2013 in injunctions, news, photography, privacy by sally

“A married woman has won the backing of a High Court judge to stop naked photographs of her being distributed by the man with whom she was having an affair and by his furious girlfriend.”

Full story

Daily Telegraph, 13th May 2013

Source: www.telegraph.co.uk

Further action may be needed on voting fraud – watchdog – BBC News

Posted May 14th, 2013 in elections, fraud, identification, news by sally

“Restrictions on postal voting and identity checks at polling stations may be needed to help crack down on fraud, the elections watchdog has said.”

Full story

BBC News, 14th May 2013

Source: www.bbc.co.uk

Child sexual abuse orders failing to deliver, says Ceop – BBC News

Posted May 14th, 2013 in children, crime prevention, news, reports, sexual offences by sally

“The system of civil court orders designed to prevent sexual abuse of children in Britain is ‘not fit for purpose’, according to a report obtained by the BBC.”

Full story

BBC News, 14th May 2013

Source: www.bbc.co.uk

Metropolitan police issue cautions for crimes including rape, figures reveal – The Guardian

Posted May 14th, 2013 in cautions, news, police, statistics by sally

“Nearly 29,000 cautions were handed to criminals by the Metropolitan police in the year to March for offences including robbery, drug-trafficking and rape.”

Full story

The Guardian, 13th May 2013

Source: www.guardian.co.uk

Assisted suicide should be regulated by courts, senior judges told – The Guardian

Posted May 14th, 2013 in assisted suicide, bills, defences, news by sally

“Courts should be able to regulate individual requests for assisted suicide without reference to parliament, senior judges have been told.”

Full story

The Guardian, 13th May 2013

Source: www.guardian.co.uk

BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) – Supreme Court

Posted May 10th, 2013 in company law, debts, insolvency, law reports, Supreme Court, winding up by sally

BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) [2013] UKSC 28 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) – Supreme Court

Posted May 10th, 2013 in law reports, mistake, Supreme Court, taxation, trusts by sally

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) [2013] UKSC 26 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

SL (FC) (Respondent) v Westminster City Council (Appellant) – Supreme Court

Posted May 10th, 2013 in housing, immigration, local government, mental health, news, Supreme Court by sally

SL (FC) (Respondent) v Westminster City Council (Appellant) [2013] UKSC 27 | UKSC 2011/0229 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Junior Clerk

Posted May 10th, 2013 in by sally

We are a very busy barristers’ chambers with 67 members and 12 staff. We are looking to recruit a junior clerk with a minimum of 5 years clerking experience to join our young, enthusiastic and committed team.

Experience in the field of family law would be an advantage as would knowledge of the Meridian computer software system. Experience of dealing with extensive incoming e-mail traffic is essential.

The salary range is between £22,000 and £25,000 per annum.

If you think you might be the right person to join our team, please contact Gillian Maguire, either by telephone on 020 7092 3708 or by e-mail at Gillian.maguire@coramchambers.co.uk and request an application form, job description and person specification.

Completed application forms must be received by 6pm on Friday 17th May 2013 and interviews will take place during the week commencing Monday 20th May 2013.

Coram Chambers is an equal opportunities employer.

Former judge to examine role of police corruption in murder investigation – The Guardian

Posted May 10th, 2013 in corruption, inquiries, judges, media, murder, news, police, private investigators by sally

“The home secretary has ordered a review by a former senior judge into the role police corruption had in shielding the murderers of a private detective found with an axe embedded in his head.”

Full story

The Guardian, 10th May 2013

Source: www.guardian.co.uk

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) – WLR Daily

Posted May 10th, 2013 in appeals, immigration, judicial review, law reports, tribunals by sally

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) [2013] EWHC 1144 (Admin); [2013] WLR (D) 169

“The Home Office Discretionary Leave policy and instruction document (issued 27 October 2009) was not capable of being read and applied in a way which was compliant with section 55 of the Borders, Citizenship and Immigration Act 2009 and the associated jurisprudence.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Alarape and another v Secretary of State for the Home Department – WLR Daily

Posted May 10th, 2013 in EC law, education, families, immigration, law reports by sally

Alarape and another v Secretary of State for the Home Department (Case C-529/11); [2013] WLR (D) 168

“The parent of a child who had attained the age of majority and who had obtained access to education on the basis of article 12 of Council Regulation (EEC) No 1612/68 (as amended by Parliament and Council Directive 2004/38/EC) could continue to have a derived right of residence under that article if the child remained in need of the presence and care of that parent in order to be able to continue and to complete his or her education, which was for the referring court to assess, taking into account all the circumstances of the case before it. Periods of residence in a host member state which were completed by family members of a Union citizen who were not nationals of a member state solely on the basis of article 12 of Regulation (EEC) No 1612/68 could not be taken into consideration for the purposes of acquisition by those family members of a right of permanent residence.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Khans Solicitors (a firm) v Chifuntwe and another – WLR Daily

Posted May 10th, 2013 in appeals, costs, law firms, law reports, solicitors by sally

Khans Solicitors (a firm) v Chifuntwe and another [2013] EWCA Civ 481; [2013] WLR (D) 167

“The court would intervene to protect a solicitor’s claim on funds recovered or due to be recovered by a client or former client if the paying party was on notice that the other party’s solicitor had a claim on the funds for outstanding fees.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk