More justice dispensed via video – Ministry of Justice

Posted January 7th, 2013 in evidence, live link evidence, news, police, witnesses by sally

“Communities across the country will be benefitting from swift and effective justice as thousands more court appearances will take place via video-link technology, Justice and Policing Minister Damian Green said today [3 January].”

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Ministry of Justice, 3rd January 2013

Source: www.justice.gov.uk

Finance and Divorce January Update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.”

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Family Law Week, 4th January 2013

Source: www.familylawweek.co.uk

Courtroom Drama – BBC Unreliable Evidence

Posted January 7th, 2013 in legal profession, legal services, news, theatre by sally

“Following the return of Rumpole to Radio 4, Clive Anderson and his guests discuss how accurately the legal world is depicted in stage and screen dramas. And they discuss the issues which arise when the distinctions between fiction and fact – between Rumpole and reality – become blurred in the public’s mind.”

Listen

BBC Unreliable Evidence, 29th December 2012

Source: www.bbc.co.uk

How the workplace will change in 2013 – OUT-LAW.com

“What changes can workers expect from their employers in the coming year? Employment law expert Edward Goodwyn of Pinsent Masons, the law firm behind Out-Law.com, looks ahead to some significant changes.”

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OUT-LAW.com, 4th January 2013

Source: www.out-law.com

‘Terrorists’ favourite bookseller’ has conviction quashed – Daily Telegraph

Posted January 7th, 2013 in appeals, incitement, news, terrorism by sally

“A man once described as the ‘terrorists’ favourite bookseller’ has had his conviction for selling books about Jihad quashed.”

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Daily Telegraph, 5th January 2013

Source: www.telegraph.co.uk

Keep new police commissioners at arm’s length, magistrates warned – The Guardian

Posted January 7th, 2013 in codes of practice, judges, judiciary, magistrates, news, police by sally

“A senior judge has warned magistrates to maintain their distance from police and crime commissioners (PCCs), in the latest demonstration of unease about the recently elected new posts.”

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The Guardian, 5th January 2013

Source: www.guardian.co.uk

Bang to human rights – The Lawyer

Posted January 7th, 2013 in human rights, judicial review, legal aid, legislation, news, reports by sally

“On the one hand the former Lord Chancellor Ken Clarke declared London’s courts to be among the best of British exports, while on the other the Ministry of Justice (MoJ) tore up the legal aid budget. Then there was the proposed crackdown on judicial reviews, while the personal injury sector has seen its business model declared dead, with no detail on an alternative forthcoming.”

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The Lawyer, 7th January 2013

Source: www.thelawyer.com

DIY divorces set to surge as legal aid vanishes – The Independent

Posted January 7th, 2013 in budgets, dispute resolution, divorce, legal aid, litigants in person, news by sally

“On the eve of ‘D-Day’ – that’s Divorce Day, the first Monday back to work after the festive period, when warring couples are more likely to register for a divorce – lawyers warn that tens of thousands of people could find splitting up harder and more costly this year. And the number of those turning to ‘DIY divorce kits’ is expected to surge.”

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The Independent, 6th January 2012

Source: www.independent.co.uk

Criminals should spend longer in jail, says Chris Grayling – The Guardian

Posted January 7th, 2013 in budgets, early release, news, prisons, sentencing by sally

“Criminals should spend longer in jail and not be automatically released after serving half their sentence, the justice secretary has said.”

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The Guardian, 5th January 2013

Source: www.guardian.co.uk

Court of Protection approves arrangements for safeguarding Article 8 rights of detained man – UK Human Rights Blog

Posted January 7th, 2013 in care homes, Court of Protection, detention, human rights, mental health, news by sally

“On 11 December 2012 Mr Justice Mostyn handed down judgment in J Council v GU and others [2012] EWHC 3531 (COP) approving arrangements aimed at safeguarding the Article 8 (private and family life) rights of a 57 year old man detained under the Mental Capacity Act 2005 in a private care home. At seven pages, the judgment was admirably concise.”

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UK Human Rights Blog, 7th January 2013

Source: www.ukhumanrightsblog.com

Serial offenders escaping tough penalties at record rate – Daily Telegraph

Posted January 7th, 2013 in cautions, news, recidivists, sentencing by sally

“The worst serial offenders are being let off with cautions at a record rate as thousands avoid tough penalties every year, the Daily Telegraph can disclose.”

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Daily Telegraph, 6th January 2013

Source: www.telegraph.co.uk

Special report: Female genital mutilation – unreported, ignored and unpunished – The Independent

Posted January 7th, 2013 in female genital mutilation, news, prosecutions by sally

“The failure to punish anyone for carrying out female genital mutilation (FGM) in almost a decade since Labour introduced a new law designed to stamp out the practice is forcing prosecutors to seek alternative methods to tackle the problem. The Government was facing growing criticism from campaigners after an Independent on Sunday investigation into the horrifying practice known as ‘cutting’, in which the genitals of women and girls are severed by unqualified people in the belief it will preserve the girl’s virginity.”

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The Independent, 6th January 2013

Source: www.independent.co.uk

Fair access to the legal profession – The Guardian

Posted January 7th, 2013 in diversity, law firms, legal education, legal profession, news by sally

“City law firms are exploring ways to remove barriers that prevent students from lower-income backgrounds pursuing a career in law.”

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The Guardian, 5th January 2013

Source: www.guardian.co.uk

Scientologist loses high court wedding battle – The Guardian

Posted December 19th, 2012 in appeals, marriage, news, religious discrimination by sally

“A member of the Church of Scientology has lost her fight to get married in one of its chapels after the high court dismissed her claim that she was the victim of unlawful religious discrimination.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

High court quashes Hillsborough inquest verdicts – The Guardian

Posted December 19th, 2012 in evidence, inquests, news, police, sport by sally

“Twenty-two years after the original contentious inquest into the 96 victims of the Hillsborough disaster, the verdict of accidental death has been quashed in the high court.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

SEN Update – 11 KBW

“This paper considers developments in relation to the law on Special Educational Needs over the last year. It will address three main areas:
(1) recent SEN cases;
(2) practice and procedure issues;
(3) the Children and Families Bill.”

Full story (PDF)

11 KBW, November 2012

Source: www.11kbw.com

Traveller family guilty of forced labour are jailed – BBC News

Posted December 19th, 2012 in assault, forced labour, news, sentencing, travellers by sally

“Five members of a traveller family who were found guilty of keeping their own private workforce have been jailed.”

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BBC News, 19th December 2012

Source: www.bbc.co.uk

Education and Human Rights – 11 KBW

Posted December 19th, 2012 in education, human rights, news, parental rights, special educational needs by sally

“Education lawyers cannot ignore the European Convention of Human Rights. The ‘right to education’ is enshrined in Article 2 of the First Protocol to the Convention, and other Convention rights are often in play when education decisions need to be made. In this paper, we examine in detail the content of Article 2 of the First Protocol, and highlight the other Convention rights that frequently feature in education cases.”

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11 KBW, November 2012

Source: www.11kbw.com

Advance Decisions: getting it right? – Thirty Nine Essex Street

Posted December 19th, 2012 in consent, medical treatment, mental health, news by sally

“The provisions relating to the existence, validity and applicability of advance decisions, and especially those relating to life-sustaining treatment, are some of the most important in the Mental Capacity Act 2005 (‘MCA 2005’). The penalties for failing to comply with the procedural requirements can result in the overriding by the Court of what may appear to be clear and strongly-held views expressed by P before the onset of incapacity.”

Full story (PDF)

Thirty Nine Essex Street, December 2012

Source: www.39essex.com

Volunteers’ status under anti discrimination law: where to now? – Cloisters

Posted December 19th, 2012 in EC law, employment, equality, news, volunteers by sally

“Judgment in the case of X v. Mid Sussex CAB was handed down by the Supreme Court 12th December 2012, in which it was held that volunteers (unpaid workers) qualify for protection from discrimination under the employment provisions of European or domestic anti discrimination law. The principle disagreement between the parties (a volunteer legal advisor and a CAB) was about the proper interpretation of Article 3 of the Framework Directive, which underlies the relevant legislation. The Appellant had argued that certain volunteers in certain situations do fall within scope – namely those whose volunteer activities closely resemble paid work. The CAB argued that no volunteers fall within the legislation, irrespective of the nature of the work that they do. In dismissing the appeal, the Court held that the law in this area was sufficiently free from doubt, such that there was no need to refer any questions to the CJEU.”

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Cloisters, December 2012

Source: www.cloisters.com