Council refused permission to challenge Ombudsman findings on payment of special guardians – Local Government Lawyer

Posted December 19th, 2019 in budgets, children, families, fostering, guardianship, local government, news, ombudsmen by sally

‘A High Court judge has refused to grant Rochdale Council permission to challenge the findings of a Local Government and Social Care Ombudsman on the way it pays special guardians.’

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Local Government Lawyer, 19th December 2019

Source: www.localgovernmentlawyer.co.uk

Rape convictions: Justice system near ‘breaking point’, says watchdog – BBC News

Posted December 17th, 2019 in budgets, criminal justice, Crown Prosecution Service, news, prosecutions, rape, reports by tracey

‘A review of record low rape conviction rates has found a justice system “close to breaking point” because of cuts. The Crown Prosecution Service Inspectorate (CPSI) said a “damning” number of cases are lost during “under-resourced” police investigations. But it rejected claims that prosecutors are unfairly selective about cases they charge.’

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BBC News, 17th December 2019

Source: www.bbc.co.uk

Crown court disposals fall despite growing caseload – Law Society’s Gazette

Posted December 16th, 2019 in budgets, Crown Court, news, statistics by tracey

‘The Crown court faces a growing backlog of work, as the number of criminal cases reaching court rises but the number of disposals falls.’

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Law Society's Gazette, 16th December 2019

Source: www.lawgazette.co.uk

Disclosure pilot for the Business & Property Courts – Counsel

‘A cut out & keep guide to Practice Direction 51U and overview of the changes to disclosure procedures in the Business and Property Courts.’

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Counsel, December 2019

Source: www.counselmagazine.co.uk

Consider decriminalisation to tackle drug death ‘crisis’, say treatment providers in unprecedented plea – The Independent

‘The future government has been urged to consider every available measure to curb the current drug death “crisis”, including decriminalisation, in an unprecedented plea from the UK’s major drug treatment providers.’

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The Independent, 2nd December 2019

Source: www.independent.co.uk

Jump in unrepresented defendants as legal aid cuts continue to bite – The Guardian

‘The number of unrepresented defendants in crown courts is rising sharply, the head of the Criminal Bar Association has warned, as cuts to legal aid increasingly affect the criminal justice system.’

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The Guardian, 24th November 2019

Source: www.theguardian.com

A novel and effective costs order – Law Society’s Gazette

Posted November 11th, 2019 in budgets, costs, damages, news, striking out by sally

‘In the recent case of Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd (Costs) [2019] EWHC 2338 (Comm), Christopher Hancock QC (sitting as a judge of the High Court) made an order against the defendant for payment of costs on account in the event that the defendant failed to comply with an ‘unless order’. Orexim followed the approach of Mr Justice Coulson (as he then was) in Bruce MacInnes v Hans Thomas Gross [2017] EWHC 127 (QB).’

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Law Society's Gazette, 11th November 2019

Source: www.lawgazette.co.uk

Justice system ‘will break down’ and criminals go unpunished unless next government spends hundreds of millions, union warns – The Independent

‘The justice system “will break down” and allow crimes to go unpunished if the next government does not provide hundreds of millions of pounds in investment, it has been warned.’

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The Independent, 11th November 2019

Source: www.independent.co.uk

Commonwealth head warns of dangers of denying justice to all – The Guardian

‘Denying access to justice risks creating fresh conflicts at a time when the international rule of law is under threat, the Commonwealth secretary general has warned ahead of a meeting of the organisation’s law enforcement officers.’

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The Guardian, 5th November 2019

Source: www.theguardian.com

Warning shot for BSB after it axes Legal Choices funding – Legal Futures

Posted November 5th, 2019 in barristers, budgets, Legal Services Board, news by sally

‘The Legal Services Board (LSB) has issued a thinly veiled warning to the Bar Standards Board (BSB) over the need to invest “substantially” in consumer information after its controversial decision to withdraw from funding Legal Choices.’

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Legal Futures, 5th November 2019

Source: www.legalfutures.co.uk

Chaotic court system threatens justice for vulnerable, say MPs – The Guardian

‘The most vulnerable in society are at risk of being excluded from access to justice due to poor digital skills, lack of legal advice, court closures and “dilapidated” courthouses, MPs have warned in a damning critique of the government’s modernisation programmes.’

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The Guardian, 31st October 2019

Source: www.theguardian.com

Prisons in England and Wales are facing a safety crisis, warn MPs – The Guardian

Posted October 31st, 2019 in budgets, health & safety, news, prisons by sally

‘The prison system in England and Wales is in an “appalling” state of crisis, lacking decency or security and no clear plan for desperately needed change, MPs have warned in a report that raises questions over the government’s pledges on prisons ahead of an election.’

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The Guardian, 31st October 2019

Source: www.theguardian.com

Gilham v Ministry of Justice: A New Chapter in Employment Protection? – Cloisters

‘The Supreme Court has delivered its decision in the landmark case of Gilham v Ministry of Justice. In conferring the right to pursue whistleblowing complaints on judges – and for that matter all office-holders – it has opened a new frontier for the role of the European Convention of Human Rights in employment disputes.’

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Cloisters, 16th October 2019

Source: www.cloisters.com

Whistleblowing judges: protected by human rights? – UK Human Rights Blog

‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’

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UK Human Rights Blog, 18th October 2019

Source: ukhumanrightsblog.com

Courts chief: closures weren’t based on “real travelling times” – Legal Futures

Posted October 17th, 2019 in budgets, courts, HM Courts Service, Ministry of Justice, news, transport by sally

‘Many court closures in the past have not been based on the real travelling times it would take people to get to an alternative building, the chief executive of HM Courts & Tribunals Service (HMCTS) has admitted.’

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Legal Futures, 17th October 2019

Source: www.legalfutures.co.uk

New Judgment: Gilham v Ministry of Justice [2019] UKSC 44 – UKSC Blog

‘The issue in the appeal was whether a District Judge qualifies as a ‘worker’ or a ‘person in Crown employment’ for the purpose of the protection given to whistle-blowers under Part IVA of the Employment Rights Act 1996. If not, was this discrimination against her in the enjoyment of her right to freedom of expression, protected by article 14 taken together with article 10 of the European Convention on Human Rights?’

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UKSC Blog, 16th October 2019

Source: ukscblog.com

‘Whistleblowing’ judge wins landmark appeal at Supreme Court – BBC News

‘A judge, who says she was bullied and had a breakdown after speaking out about government cuts, has won a landmark appeal at the Supreme Court.’

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BBC News, 16th October 2019

Source: www.bbc.co.uk

Court of Appeal orders council to pay cost of attendance of young woman at weekly placement – Local Government Lawyer

‘The Court of Appeal has ruled that North East Lincolnshire Council should have paid the cost of a disabled young woman attending a weekly placement, overturning an earlier High Court decision.’

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Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Trade union firm faces trade union-organised strike – Legal Futures

Posted October 9th, 2019 in budgets, costs, employment, law firms, news, personal injuries, remuneration, trade unions by sally

‘Leading trade union law firm Thompsons is facing a strike over pay – and pickets lines at its offices across the country – organised by a trade union.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk

Children being ‘set up to fail’ on release from custody by authorities, watchdog finds – The Independent

‘Children jailed for criminal offences are being “set up to fail” by authorities who fail to give them the support they need to stop offending, a watchdog has found. Half of the 12 to 17-year-old boys whose cases were examined by HM Inspectorates of Probation and Prisons, were being investigated by police again within three months of being released from young offender institutions.’

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The Independent, 8th October 2019

Source: www.independent.co.uk