Fixed costs: The time is now? – Litigation Futures

Posted February 18th, 2016 in costs, fees, health, negligence, news, speeches by sally

‘It has appeared inevitable in recent months that some form of fixed costs scheme will be introduced if the powers that be have their way although it was anticipated smaller claims would be targeted. However, Jackson LJ dropped the hand grenade that all costs involving claims up to £250,000 should be fixed.’

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Litigation Futures, 17th February 2016

Source: www.litigationfutures.com

Eight Trends and Eight Challenges to the European Court of Human Rights – UK Human Rights Blog

Posted February 18th, 2016 in courts, human rights, news by sally

‘The opening of the Strasbourg Court’s judicial year every January always provides an opportunity for reflection on the themes and challenges which will define the Court’s jurisprudence for the coming year. This year, the theme of the seminar held at the Court to mark that opening was “International and national courts confronting large-scale violations of human rights””. I should like to offer eight predictions as to the other themes which will define the work of the Strasbourg Court this year. Given the Court’s pending caseload is still over 64,000 cases, these predictions are necessarily impressionistic. It will be for readers to judge whether, by this time next year, they have proven accurate.’

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UK Human Rights Blog, 16th February 2016

Source: www.ukhumanrightsblog.com

Su-su-subrogation – Nearly Legal

Posted February 18th, 2016 in housing, insurance, landlord & tenant, news by sally

‘Ms Golvina had rented a cottage from Ms Fresca-Judd. The rent was some £2,800 per month. Ms Golvina was away from the cottage over the Christmas period in 2010 and while she was away, the pipes froze and then burst during a cold snap. The cottage was flooded and the damage caused allegedly amounted to some £128,089.71.’

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Nearly Legal, 16th February 2016

Source: www.nearlylegal.co.uk

Partner wins battle with estranged wife over share of house – BBC News

Posted February 18th, 2016 in appeals, cohabitation, costs, families, housing, news, probate by sally

‘A woman who lived with her partner for 18 years has won a legal battle with his estranged wife for his share of their home.’

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BBC News, 16th February 2016

Source: www.bbc.co.uk

Prison ‘did not always know whereabouts of inmates’ – The Guardian

Posted February 18th, 2016 in news, prisons, reports by sally

‘Staff at an overcrowded, chaotic and violent prison did not always know where inmates were, an inspection has revealed.’

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The Guardian, 17th February 2016

Source: www.guardian.co.uk

Freedom, Asylum Seekers, and Two Lots of European Human Rights – UK Human Rights Blog

Posted February 18th, 2016 in asylum, deportation, detention, EC law, human rights, news by sally

‘In this post I will set out the facts, give a quick refresher of the relationship between the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union (Charter). I will conclude with an overview of the decision itself.’

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UK Human Rights Blog, 17th February 2016

Source: www.ukhumanrightsblog.com

Ex-golf club captain vanishes from court before he is sentenced for £300k VAT fraud – Daily Telegraph

Posted February 18th, 2016 in fraud, fugitive offenders, news, sentencing, warrants by sally

‘Arrest warrant issued for businessman James Turner, who disappeared from Nottingham Crown Court after telling family he was popping to canteen.’

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Daily Telegraph, 16th February 2016

Source: www.telegraph.co.uk

Joint enterprise law wrongly interpreted for 30 years, court rules – The Guardian

Posted February 18th, 2016 in appeals, evidence, interpretation, joint enterprise, judgments, news, Supreme Court by sally

‘A key test imposed by judges in assessing guilt in so-called joint enterprise killings has been wrongly interpreted for the past 30 years, the supreme court has ruled.’

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The Guardian, 18th February 2016

Source: www.guardian.co.uk

Immigration lawyers fail with challenge to secret evidence – Law Society’s Gazette

Posted February 16th, 2016 in closed material, immigration, news, tribunals by sally

‘A rule that allows decisions in immigration appeals to be based on undisclosed evidence is not unlawful, the High Court has ruled.’

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Law Society’s Gazette, 16th February 2016

Source: www.lawgazette.co.uk

High Court upholds CFA despite legal aid certificate remaining in place – Litigation Futures

Posted February 16th, 2016 in costs, fees, legal aid, news by sally

‘The High Court has ruled that a conditional fee agreement (CFA) was valid even though the claimant’s legal aid certificate remained in place.’

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Litigation Futures, 16th February 2016

Source: www.litigationfutures.com

Policing and Crime Bill to address emergency licensing review ‘ambiguities’, says government – OUT-LAW.com

Posted February 16th, 2016 in bills, crime, licensing, news, police by sally

‘The legal position of “interim steps” imposed by a licensing authority in England or Wales against premises where alcohol is sold in response to a police complaint is ambiguous and should be reviewed, the government has said.’

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OUT-LAW.com, 15th February 2016

Source: www.out-law.com

Jury Service and the Price of Curiosity – Emma Fenelon – UK Human Rights Blog

Posted February 16th, 2016 in contempt of court, human rights, juries, Law Commission, news, reports by sally

‘Like the 179,000 or so people selected at random from the electoral register each year in England and Wales, in July 2011 Ms. Theodora Dallas was summoned to attend jury service. Along with other jurors summoned that day, she was shown a video about their service, and told by the court’s jury officer that internet research about anyone involved in the trial was not permitted. For good measure, the jury waiting room contained notices stating “You may also be in contempt of court if you use the internet to research details about any cases you hear along with any cases listed for trial at the Court…”. The notices made it clear that contempt of court was punishable by a fine or by imprisonment.’

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UK Human Rights Blog, 15th February 2016

Source: www.ukhumanrightsblog.com

A 95% Liability Offer Can be a Valid Part 36 – Zenith PI Blog

Posted February 16th, 2016 in costs, news, part 36 offers, personal injuries by sally

‘C made an application for indemnity costs following D’s failure to accept C’s Part 36 offer to settle liability at 95%. The offer had been made in a letter dated 30/1/15. D conceded liability some time prior to 17/12/15.’

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Zenith PI Blog, 15th February 2016

Source: www.zenithpi.wordpress.com

Why is the UK still printing its laws on vellum? – BBC News

Posted February 16th, 2016 in costs, legislation, news, parliament by sally

‘After a reprieve, the UK is to continue printing and storing its laws on vellum, a paper made from calf or goat-skin. But shouldn’t these traditions give way to digital storage, asks Chris Stokel-Walker.’

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BBC News, 15th February 2016

Source: www.bbc.co.uk

Judicial Review: What is meant by “totally without merit” – UK Human Rights Blog

Posted February 16th, 2016 in appeals, immigration, judicial review, news by sally

‘What is the difference between a case that is “totally without merit” and one that is “not arguable”? Are either of those more or less hopeless than a case that is “bound to fail”?’

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UK Human Rights Blog, 15th February 2016

Source: www.ukhumanrightsblog.com

Porn baron left penniless after losing bitter court battle with ‘bullying’ dominatrix – Daily Telegraph

Posted February 16th, 2016 in appeals, bullying, company directors, news, pornography by sally

‘Judge says case involving kinky businessman and his ex-girlfriend perhaps shows it is unwise to mix business with pleasure.’

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Daily Telegraph, 15th February 2016

Source: www.telegraph.co.uk

Why the UK replica furniture market is about to be hit by new copyright laws – The Independent

Posted February 16th, 2016 in copyright, intellectual property, news by sally

‘Are you sitting comfortably? Then lucky you. By the end of October – after a six-month “amnesty” for retailers – that luxury will cost you more, maybe 12 times more, than now. And it’s all thanks to the bloody European Union. ‘

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The Independent, 15th February 2016

Source: www.independent.co.uk

Turnford van murder: Driver guilty of Frank Buckley killing – BBC News

Posted February 16th, 2016 in murder, news by sally

‘A killer van driver who reversed over his victim’s head during a violent confrontation has been found guilty of murder.’

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BBC News, 15th February 2016

Source: www.bbc.co.uk

What are ‘professional witnesses’ and why is there such high demand for their services? – The Independent

Posted February 16th, 2016 in expert witnesses, news, private investigators, witnesses by sally

‘Too many offences escape prosecution for want of anyone willing to give evidence. When the police can’t help, it’s time fpr a new approach…’

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The Independent, 15th February 2016

Source: www.independent.co.uk

The Leveson inquiry isn’t over, Cameron must keep his promise – The Guardian

‘It was clear from the start that the Leveson inquiry was to be conducted in two parts. The first section, examining the culture, practices and ethics of the media, reported back in 2012.’

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The Guardian, 15th February 2016

Source: www.guardian.co.uk