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

ICO consults on new draft guidance on Subject Access Requests under GDPR – Local Government Lawyer

Posted December 5th, 2019 in codes of practice, consultations, data protection, news, ombudsmen by sally

‘The Information Commissioner has launched a consultation on new draft guidance for organisations on how to handle Subject Access Requests (SARs) under the GDPR.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Your flexible friend? Interim code rights (University of London v Cornerstone) – Falcon Chambers

Posted December 4th, 2019 in codes of practice, news, surveyors, telecommunications by sally

‘This case has important ramifications in the electronic communications sector. It settles a narrow but important point—if an operator thinks a site is suitable but is not sure, can it survey the site and gain access for that purpose? The Court of Appeal determined that such a right was part and parcel of Code right 3(d), which grants a right to undertake ‘works’ which are ‘in connection with’ installation and other specified matters. The Court of Appeal held that an inspection (called a multi-skilled visit, or MSV, in the jargon) constituted ‘works’, and that it was ‘in connection with’ installation where its purpose was to determine finally whether installation should occur. Of wider importance is the fact that the Court of Appeal rejected the suggestion that a claim for rights on an interim basis under para 26 had to be accompanied by a claim for rights on a final basis under para 20. Unlike para 27, which links temporary rights with final rights, there is no such linkage in para 26. This frees up parties to make para 26 agreements and seek tribunal approval if they wish to enter into short-term agreements without automatic security of tenure under Part V of the Code, an option which is of great advantage to both operators and site providers.’

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Falcon Chambers, 28th November 2019

Source: www.falcon-chambers.com

Reach for the STaRs – new solicitors’ rulebook goes live – Legal Futures

‘The Solicitors Regulation Authority’s (SRA) new rulebook – Standards and Regulations (STaRs) – comes into force today, with experts highlighting several areas of significant change and opportunity for firms.’

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Legal Futures, 25th November 2019

Source: www.legalfutures.co.uk

Good practice for lawyers towards litigants in person – Family Law

‘Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented. It’s a trend we’ve seen grow in recent years.’

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Family Law, 19th November 2019

Source: www.familylaw.co.uk

Information watchdog updates guidance for data controllers on protecting ‘special category data’ – Local Government Lawyer

Posted November 18th, 2019 in codes of practice, data protection, local government, news, ombudsmen, privacy by sally

‘The ICO has issued updated guidance on special category data, to which data controllers must give extra protection under the GDPR.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

British athletes launch legal action against BOA over sponsorship rules – The Guardian

Posted November 18th, 2019 in advertising, codes of practice, news, sport by sally

‘Twenty high-profile British athletes led by the sprinter Adam Gemili have taken the extraordinary step of launching legal action against the British Olympic Association to force it to relax its “unjust and unlawful” sponsorship rules for Team GB stars.’

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The Guardian, 15th November 2019

Source: www.theguardian.com

Outdated ombudsman rules frustrate consumers – The Guardian

Posted November 18th, 2019 in codes of practice, complaints, consumer protection, delay, news, ombudsmen, time limits by sally

‘Customers are being left out of pocket because of arcane rules that force them to wait eight weeks before they can take unresolved complaints to an ombudsman.’

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The Guardian, 17th November 2019

Source: www.theguardian.com

Rape victims who had cases dropped could demand review over ‘secret prosecution targets’ – The Independent

‘Rape victims whose alleged attackers were not prosecuted could have their cases reviewed in light of the exposure of “secret targets”, a watchdog has said.’

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The Independent, 15th November 2019

Source: www.independent.co.uk

Victims of bank transfer scams risk being left unprotected – The Guardian

Posted November 15th, 2019 in banking, codes of practice, compensation, fraud, news, victims by tracey

‘Bank transfer scam victims risk being left unprotected from January after the industry failed to agree a plan to compensate people. More than £1m a day is being lost to scams in which people are duped into authorising a payment to an account controlled by a criminal. The failure to agree a protection plan may make it more likely that the next government will step in.’

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The Guardian, 15th December 2019

Source: www.theguardian.com

Exclusive: ‘perverse incentive’ contributed to slump in rape charges – Law Society’s Gazette

‘An undisclosed Crown Prosecution Service (CPS) target may be behind huge declines in numbers of rape suspects charged since 2016, the Gazette can reveal.’

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Law Society's Gazette, 13th November 2019

Source: www.lawgazette.co.uk

Purdah – 11 KBW

Posted November 7th, 2019 in codes of practice, elections, news, parliament by sally

‘“Purdah” is upon us. It lasts until 12 December 2019, only shortly before the Christmas/New Year break. It is as well to recall a case noted in this Bulletin on 11 May 2017, the decision of Garnham J in relation to the last General Election, on 8 June 2017, announced on 18 April 2017, and local government elections which were to take place on 4 May 2017, R (Client Earth) v SoS for Environment etc (2017) EWHC 1618 (Admin). The main point that the Judge made was that “purdah” is not a rule of law, and that it does not, and did not in that case, override obligations to comply with statutory duties.’

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11 KBW, 7th November 2019

Source: www.11kbw.com

Litigation funding agreements are not DBAs, tribunal rules – Litigation Futures

‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), the Competition Appeal Tribunal has ruled.’

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Litigation Futures, 4th November 2019

Source: www.litigationfutures.com

The new SRA Standards and Regulations: Greater freedom for solicitors? – 4 New Square

‘In this article, Helen Evans and Clare Dixon of 4 New Square review whether the new principles, codes of conduct and disciplinary procedure rules wholeheartedly reflect a relaxation of the SRA’s grip, or whether competing forces are apparent. They also consider whether one of the unintended consequence of some of the liberalisation is to introduce a two-tier regulatory system for solicitors practising within regulated entities (such as firms) and those outside that structure. Finally, they reflect on the likely impact of the new rules and relaxed burden of proof on the troublesome issues of dishonesty and lack of integrity- an issue that the Divisional Court was still picking apart as recently as last week in the matter of SRA v Siaw.’

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4 New Square, 21st October 2019

Source: www.4newsquare.com

Family of man who died after police restraint call for better training – The Guardian

‘The family of a company director who died after being restrained on a street by police while suffering acute behavioural disorder (ABD) have called for more training to be given on how to deal with people experiencing such a crisis.’

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The Guardian, 22nd October 2019

Source: www.theguardian.com

Libor rigging inquiry shut down by Serious Fraud Office – BBC News

‘An investigation into the rigging of Libor, the benchmark interest rate that tracks the cost of borrowing cash, has been unexpectedly closed.’

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BBC News, 19th October 2019

Source: www.bbc.co.uk

Barristers warned over social media misuse “at all times” – Legal Futures

‘Barristers who use social media inappropriately will face disciplinary action even if they believe they are doing so in their private capacity, the Bar Standards Board has warned.’

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Legal Futures, 21st October 2019

Source: www.legalfutures.co.uk

Pregnant In Prison: ‘I Told Them The Baby Was Coming And Ended Up Giving Birth In My Cell’ – Rights Info

‘A newborn baby recently died in prison after a woman gave birth alone in her cell at night.’

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Rights Info, 16th October 2019

Source: rightsinfo.org

Howard League for Penal Reform: Parmoor Lecture – Crown Prosecution Service

‘I aim to be clear this evening about my role as the nation’s chief prosecutor, on behalf of the CPS which I lead. At a time of national upheaval and some political uncertainty, the role of a properly-funded and fully independent prosecution authority is absolutely pivotal.’

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Crown Prosecution Service 14th October 2019

Source: www.cps.gov.ukwww.cps.gov.ukwww.cps.gov.uk

Bad behaviour by male barristers “still abounds” – Legal Futures

‘Inappropriate behaviour by male barristers in robing rooms and at Bar messes “still abounds”, the Association of Women Barristers (AWB) has said.’

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Legal Futures, 1st October 2019

Source: www.legalfutures.co.uk