Insurance surgery: A new regime – New Law Journal

Posted October 23rd, 2014 in bills, contracts, damages, disclosure, fraud, insurance, news, warranties by sally

‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’

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New Law Journal, 23rd October 2014

Source: www.newlawjournal.co.uk

New laws to support Good Samaritans move forward – Ministry of Justice

Posted October 22nd, 2014 in bills, employment, insurance, news, volunteers by sally

‘Law changes designed to support Good Samaritans and community heroes yesterday moved a step forward.’

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Ministry of Justice, 21st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Cameron takes action on terrorism funding in charity sector through new law – The Independent

Posted October 22nd, 2014 in bills, charities, fraud, news, tax avoidance, terrorism by sally

‘David Cameron has awarded extra powers and £8 million to a charity watchdog in an effort to “confront the menace of extremism” posed by bogus charities that divert cash to terrorism and other criminal activity.’

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The Independent, 22nd October 2014

Source: www.independent.co.uk

Passport confiscation plan to stop ‘FGM’ – Daily Telegraph

Posted October 21st, 2014 in anonymity, bills, female genital mutilation, news, passports by sally

‘Government sets out new measures to combat female genital mutilation, including confiscating travel documents of girls who may be at risk.’

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Daily Telegraph, 20th October 2014

Source: www.telegraph.co.uk

Professional bodies unite to attack “chilling effect” of judicial review reforms – Local Government Lawyer

‘The Bar Council, the Law Society and the Chartered Institute of Legal Executives have urged peers to amend the judicial review provisions in the Criminal Justice and Courts Bill, saying the measures would have a “chilling effect”.’

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Local Government Lawyer, 20th October 2014

Source: www.localgovernmentlawyer.co.uk

New minicab law ‘would put women at risk’ – The Independent

‘Ministers will come under fresh pressure this week not to ease rules on minicabs, a relaxation that safety campaigners say would endanger vulnerable women.’

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The Independent, 19th October 2014

Source: www.independent.co.uk

Building a super-prison for children is a terrible idea – The Guardian

‘he Ministry of Justice’s bizarre plan includes a regime of physical punishment and restraint that would be a recipe for child abuse.’

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The Guardian, 17th October 2014

Source: www.guardian.co.uk

Internet trolls face four times longer in jail, Chris Grayling pledges – The Guardian

‘Internet trolls who spread “venom” on social media could be jailed for up to two years, the justice secretary Chris Grayling has said as he announced plans to quadruple the maximum prison sentence.’

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The Guardian, 19th October 2014

Source: www.guardian.co.uk

Grayling gives green light for staff to use force against inmates in new jail – The Guardian

‘Chris Grayling is to defy an appeal court judgement and order that staff should be able to use force to restrain teenage inmates for “the purposes of good order and discipline” at his proposed £85m privately run “super-child jail.” The proposed rule for the justice secretary’s 320-place “secure college” comes despite a court of appeal ruling in 2008 which banned the use of force after it was linked to the deaths and injury of several children in custody, including the death of a 14-year-old Gareth Myatt.’

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The Guardian, 16th October 2014

Source: www.guardian.co.uk

The need to reform whistleblowing laws – OUP Blog

‘“Why didn’t anyone in the know say something about it?” That’s the natural reaction of the public when some shocking new scandal – financial wrongdoing, patient neglect, child abuse – comes to light. The question highlights the role of the whistleblower. He or she can play a vital role in ensuring that something is done about activity which is illegal or dangerous. But the price which the whistleblower pays may be high – ostracism by colleagues, victimisation by the employer, dismissal, informal blacklisting by other employers who fear taking on a “troublemaker”.’

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OUP Blog, 11th October 2014

Source: www.blog.oup.com

Revenge porn to be criminal offence with threat of two years in jail – The Guardian

Posted October 13th, 2014 in bills, blackmail, consent, internet, news, obscenity, pornography, privacy, prosecutions by sally

‘Revenge pornography – sharing sexually explicit images of former partners without their consent – is to become a criminal offence punishable by up to two years in prison.’

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The Guardian, 12th October 2014

Source: www.guardian.co.uk

Ian Cram: Penalising the googling juror? – Reflections on the futility of Part 3 of the Criminal Justice and Courts Bill (2013-14) – UK Constitutional Law Association

Posted October 2nd, 2014 in bills, crime, internet, juries, news, wilful neglect by tracey

‘The hotchpotch of measures that comprises the Criminal Justice and Courts Bill is about to reach Report Stage in the House of Lords. The Bill sets out a panoply of new and controversial measures to deal with dangerous offenders, young offenders, drugs-testing in prisons, wilful neglect or ill-treatment by care workers, reforms to criminal proceedings (including the use of cautions), the possession of extreme pornographic images, civil proceedings involving judicial review (B. Jaffey & T. Hickman), personal injury cases and challenges to planning decisions. The adequacy of this miscellaneous approach to law reform will doubtless come under the fuller scrutiny that it deserves elsewhere. This blog takes as its focus provisions in Part 3 of the Bill which seeks to put on a statutory footing offences connected with private research by jurors. I suggest that resort to the criminal law constitutes a clumsy, impractical and unnecessarily punitive attempt to regulate the extra-curial activities of the modern, online juror. It is incumbent on our lawmakers to explore more imaginative responses to the undoubted problem of jurors’ access to untested, internet materials – responses that might be more obviously premised upon an appreciation of jurors’ dutiful efforts to arrive at just verdicts.’

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UK Constitutional Law Association, 2nd October 2014

Source: www.ukconstitutionallaw.org/blog

The Right to Die: A Moral or Legal question? Or Both? – No. 5 Chambers

Posted September 24th, 2014 in appeals, assisted suicide, bills, euthanasia, medical ethics, news, Supreme Court by sally

‘Late last month the Supreme Court of the UK handed down a judgment on the cases of two severely disabled men who want other people to help them to die.’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

Developments in fundamental dishonesty – Hardwicke Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, damages, medical treatment, news, personal injuries by sally

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

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Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

Proposed Legislative Changes To Judicial Review: The Current Position – No. 5 Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, human rights, judicial review, news, public interest by sally

‘The Criminal Justice and Courts Bill, which introduces significant changes to judicial review, is making rapid progress through Parliament. The House of Lords Committee stage completed on 30 July 2014 and all that remains now is the House of Lords report stage due at the end of October, with royal assent expected by the end of the year. Whilst there are indications that certain members of the Lords disagree with some of the provisions and some may yet be amended or frustrated, the current version of the Bill retains the significant provisions on judicial review.’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

Teather’s Tether – Will the Tenancies (Reform) Bill be a sticker? – Zenith Chambers

Posted September 24th, 2014 in bills, housing, landlord & tenant, news, utilities by sally

‘Aided by a campaign from Shelter to put an end to “retaliatory eviction” in the private rented sector, Sarah Teather MP introduced a private members bill on 3rd July 2014. This is to address the situation where a tenant, making a legitimate complaint that rented premises are in a state of disrepair, is immediately met with a s. 21 notice and the accelerated procedure for possession. Rather than face up to their responsibilities, or risk a challenge in rent possession proceedings by way of defence and counterclaim for damages for disrepair, unscrupulous landlords choose simply to evict the tenant using the swift and final “no fault” route to possession.’

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Zenith Chambers, 12th September 2014

Source: www.zenithchambers.co.uk

Employment lawyers blast draft law on recovery of public sector exit payments – Local Government Lawyer

Posted September 19th, 2014 in bills, consultations, employment, local government, news, remuneration by tracey

‘Planned Government legislation to claw back exit payments from high-earning public sector staff if they get another job within 12 months is “unclear and ill-conceived”, the Employment Lawyers Association (ELA) has warned.’

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Local Government Lawyer, 18th September 2014

Source: www.localgovernmentlawyer.co.uk

Retaliatory Eviction and Law Reform – NearlyLegal

Posted September 15th, 2014 in bills, complaints, health & safety, housing, landlord & tenant, news, repossession by tracey

‘The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather’s private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in their home or where health and safety hazards are found to exist at the premises, using the accelerated possession procedure. Statistics provided by Shelter show that 200,000 tenants faced possession proceedings in the last 12 months in response to complaints about the condition of their home.’

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NearlyLegal, 11th September 2014

Source: www.nearlylegal.co.uk/blog/

Ministers to review enforcement of TV licence payment – BBC News

Posted September 9th, 2014 in BBC, bills, crime, enforcement, licensing, media, news by sally

‘Ministers are to review how payment of the TV licence fee is enforced amid concerns about the number of people appearing in court for evasion.’

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BBC News, 9th September 2014

Source: www.bbc.co.uk

The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 – NIPC Law

Posted September 8th, 2014 in bills, copyright, damages, intellectual property, news, patents, trade marks by sally

‘On 14 May 2014 the Intellectual Property Bill received royal assent. The Act made some far reaching changes in patents, registered design and unregistered design right law which I summarized in “Reflections on the Intellectual Property Act 2014” 7 June 2014 4-5 IP Tech and discussed in detail in “How the Intellectual Property Act 2014 changes British Patent Law” 21 June 2014 JD Supra, “How the Intellectual Property Act 2014 changes British Registered Design Law” 19 June 2014 JD Supra and “How the Intellectual Property Act 2014 will change British Unregistered Design Right Law” 11 June 2014 JD Supra 11 June 2014. On 28 Aug 2014 Lady Neville-Rolfe, Minister for Intellectual Property, signed The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 which will bring many of the provisions of the Act into force.’

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NIPC Law, 6th September 2014

Source: www.nipclaw.blogspot.co.uk