EVENT: King’s College London – Judging in Europe: Do Legal Traditions Matter?

Posted December 15th, 2016 in Forthcoming events by sally

‘EU competition appeals typically involve applications by private businesses to annul decisions made by the European Commission. Moreover, these appeals are first assigned at random to a chamber, with a judge then designated as the rapporteur who will be most closely involved with the case. Using hand-collected original data on the background characteristics of EU judges and on competition judgments by the General Court between 1989 to 2015, we find that the legal origins of judges bear a statistically significant correlation with case outcomes and that the rapporteur plays a crucial role in the decision-making process. In particular, if a rapporteur comes from a country whose administrative law has a strong French influence, the decision is more likely to favor the Commission than if he is from any other EU country. These results are robust to alternative political ideology variables, including left-right politics and a preference for European integration.’

Date: 19th January 2017, 6.00-7.00pm

Location: Edmond J. Safra Lecture Theatre, Strand Campus, King’s College London, Strand, London WC2R 2LS

Charge: Free, registration required

More information can be found here.

EVENT: LSE – Competition and the Regulation of the Legal Services Market

Posted December 15th, 2016 in Forthcoming events by sally

‘The Competition and Markets Authority, prompted by concerns raised by interested parties that the legal services sector might not be working as well as it should, launched a study into the legal services market in January 2016 focusing on individual consumers’ and small businesses’ experience of purchasing legal services in England and Wales. In its interim report, the CMA found some important problems in the functioning of the market to the detriment of consumers. The final report, which is due by the 12 January 2017 statutory deadline, will explore in full the hurdles to competition in the legal services market and make proposals for the appropriate remedies as well as recommendations for the regulatory framework of the legal services market. This will be the first public discussion of the report, which is likely to make a significant impact on a market with an annual turnover of £11-12 billion.’

Date: 19th January 2017, 6.30-8.00pm

Location: Hong Kong Theatre, Clement House

Charge: Free, registration required

More information can be found here.

EVENT: UCL – Has Montgomery Administered the Last Rites to Therapeutic Privilege? A Diagnosis and a Prognosis

Posted December 15th, 2016 in Forthcoming events by sally

‘In broad terms, the defence of therapeutic privilege excuses a medical practitioner from having to make the sort of disclosure about the risks associated with a medical treatment or procedure which the law would otherwise require, because it is reasonably considered that such disclosure would harm the patient’s health or welfare.’

Date: 19th January 2017, 6.00-7.00pm

Location: UCL Pavilion (Main Quad), Gower Street, London WC1H 6BT

Charge: Free, registration required

More information can be found here.

EVENT: Bingham Centre for the Rule of Law – Oversight of the Rule of Law in the European Union: Opportunities and Challenges

Posted December 15th, 2016 in Forthcoming events by sally

‘This event will provide the opportunity to hear leading experts consider the challenges and opportunities for rule of law oversight in the EU and the role of various EU institutions, including an analysis of the Commission’s new Rule of Law Framework and the Council’s new Rule of Law Dialogue. In addition, country experts will assess the situation in selected member states, with a particular focus on developments in Hungary and Poland. Speakers will also consider what lies ahead, amid recent calls for a new binding EU mechanism to monitor the state of democracy, rule of law and fundamental rights in the member states.’

Date: 16th January 2017, 4.00-7.00pm

Location: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP

Charge: See website for details

More information can be found here.

EVENT: LSE – Documenting Genocide: survey evidence on ISIS violence against Yazidis

Posted December 15th, 2016 in Forthcoming events by sally

‘The United Nations Human Rights Council has recently declared that ISIS violence against the Yazidi religious minority constitutes a case of “ongoing genocide”. Dr Valeria Cetorelli will present the first survey evidence on the number and demographic profile of Yazidis killed and enslaved by ISIS.’

Date: 11th January 2017, 6.30-8.00pm

Location: Hong Kong Theatre, Clement House

Charge: Free, registration required

More information can be found here.

EVENT: University of Greenwich – Rule of Law Talk III – The Rt Hon the Baroness Scotland of Asthal QC: A Politician’s Perspective on the Rule of Law

Posted December 15th, 2016 in Forthcoming events by sally

‘Patricia Scotland, Baroness Scotland of Asthal, PC, QC is a British barrister who served as the Attorney General for England and Wales and Advocate General for Northern Ireland. At the 2015 Commonwealth Heads of Government Meeting, she was elected Secretary-General of the Commonwealth of Nations and took office on 1 April 2016 as the first woman to hold the post. She is the current Chancellor of the University of Greenwich.’

Date: 24th January 2017,

Location: Lecture Theatre Queen Anne 080, University of Greenwich, Park Row, London SE10 9LS

Charge: Free, registration required

More information can be found here.

Review urges higher fees and mandatory training to combat “poor-quality” advice in Youth Courts – Legal Futures

Posted December 14th, 2016 in fees, legal aid, legal education, legal representation, news, youth courts by sally

‘The status and quality of legal representation for children before the Youth Court need to be raised first by an increase in legal aid rates and then by mandatory training for all solicitors and barristers appearing for them, a government-commissioned review has recommended.’

Full story

Legal Futures, 14th December 2016

Source: www.legalfutures.co.uk

The right to disagree – Halsbury’s Law Exchange

Posted December 14th, 2016 in freedom of expression, judiciary, news by sally

‘John F Kennedy said: “Liberty without learning is always in peril and learning without liberty is always in vain.” I don’t agree entirely. Learning is always valuable, but I do agree that liberty is at risk, or in peril, without learning. As individuals, citizens and as lawyers, we have a responsibility to ensure that there is an awareness of, and appreciation for, the justice system in the UK. It is not easy to value something that is not understood.’

Full story

Halsbury’s Law Exchange, 13th December 2016

Source: www.halsburyslawexchange.co.uk

Judges criticise Court of Protection over jailing of woman for contempt – Local Government Lawyer

Posted December 14th, 2016 in contempt of court, Court of Protection, imprisonment, news by sally

‘Appeal judges have criticised the Court of Protection over a case in which a woman was jailed for contempt.’

Full story

Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

Sharia courts have no place in UK family law. Listen to women who know – The Guardian

Posted December 14th, 2016 in families, family courts, islamic law, news, women by sally

‘There must be no religious arbitration in family matters. It leaves minority women vulnerable to control by fundamentalists.’

Full story

The Guardian, 14th December 2016

Source: www.guardian.co.uk

Data use rules set to be loosened under new EU e-Privacy laws, report says – OUT-LAW.com

Posted December 14th, 2016 in data protection, EC law, news, telecommunications by sally

‘New EU laws set to be proposed in January will give telecoms companies more options over how they might use data they gather that relates to customers’ communications, according to a media report.’

Full story

OUT-LAW.com, 13th December 2016

Source: www.out-law.com

Parish council wins High Court planning battle over village needs – Local Government Lawyer

Posted December 14th, 2016 in housing, judicial review, local government, news, planning by sally

‘East Bergholt Parish Council has won a case against Babergh District Council that it said would affect two more planning applications in the district and potentially other rural areas.’

Full story

Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

Briton loses fight to stop Mormon ex-partner taking children to Utah – The Guardian

Posted December 14th, 2016 in child abduction, news by sally

‘A Briton who wanted to stop his former partner taking their children to live in an American state where the Mormon church is based has lost a family court fight.’

Full story

The Guardian, 14th December 2016

Source: www.guardian.co.uk

Nine convicted over student visa English test plot – BBC News

Posted December 14th, 2016 in examinations, fraud, immigration, news, visas by sally

‘Nine people have been convicted of running an immigration fraud linked to English tests for foreign students.’

Full story

BBC News, 13th December 2016

Source: www.bbc.co.uk

Second application for security for costs “not an abuse of process” – Litigation Futures

Posted December 14th, 2016 in abuse of process, consent orders, costs, news by sally

‘A businessman involved in a £132m dispute with property tycoons Nick and Christian Candy has been ordered to provide £5.5m security for costs after the High Court rejected arguments that the application was an abuse of process because the Candys had withdrawn a previous application.’

Full story

Litigation Futures, 13th December 2016

Source: www.litigationfutures.com

Blocking detainees’ access to legal advice websites probably breaches Article 10 ECHR – Free Movement

Posted December 14th, 2016 in detention, human rights, immigration, internet, news by sally

‘Free Movement has reported twice on immigration removal centres (IRCs) blocking access to websites informing detainees of their legal rights. HM Chief Inspector of Prisons criticised Haslar IRC two years ago for having the websites of Bail for Immigration Detainees and Amnesty International blocked.’

Full story

Free Movement, 13th December 2016

Source: www.freemovement.org.uk

Teenager who hacked TalkTalk website given rehabilitation order – The Guardian

Posted December 14th, 2016 in computer crime, confiscation, internet, news, rehabilitation, young offenders by sally

‘A 17-year-old who admitted hacking offences linked to the TalkTalk data breach has been given a 12-month youth rehabilitation order and had his smartphone and computer hard drive confiscated.’

Full story

The Guardian, 13th December 2016

Source: www.guardian.co.uk

Caps off in court – a nasty surprise for copyright infringers – Technology Law Update

Posted December 14th, 2016 in costs, damages, intellectual property, news by sally

‘The Intellectual Property Enterprise Court, affectionately known as IPEC, is a popular choice for enforcement of intellectual property rights. It offers efficient, tailored procedures and a much more predictable costs regime than standard litigation. Costs awarded to a winning party are normally capped at £50,000 and are often well below this. But a recent decision shows that the costs cap can be disregarded when the rules encouraging early settlement are used. This could offer a major advantage to a claimant, and a nasty surprise for a defendant not willing to engage with settlement discussions.’

Full story

Technology Law Update, 14th December 2016

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

ASA bans ad to remove pollution filters from diesel cars – The Guardian

Posted December 14th, 2016 in advertising, environmental protection, news, pollution, road traffic by sally

‘The rogue practice of removing vital pollution filters from the exhausts of diesel vehicles has suffered a blow with the Advertising Standards Agency for the first time banning an advert for the service.’

Full story

The Guardian, 14th December 2016

Source: www.guardian.co.uk

Patients should be told about overcrowded hospitals before giving consent for treatment, say lawyers – Daily Telegraph

Posted December 14th, 2016 in consent, hospitals, medical treatment, news by sally

‘Patients should be told if NHS hospitals are likely to be overcrowded or understaffed before they grant consent for treatment, according to new legal advice.’

Full story

Daily Telegraph, 13th December 2016

Source: www.telegraph.co.uk