“Over-lawyered” witness statements set for limited reform – Litigation Futures

Posted December 9th, 2019 in consultations, evidence, legal profession, news, statistics, witnesses by sally

‘Witness statements are “over-lawyered” and too long and argumentative, a Commercial Court working group has found, but it has shied away from recommending radical reform.’

Full Story

Litigation Futures, 9th December 2019

Source: www.litigationfutures.com

ICO consults on new draft guidance on Subject Access Requests under GDPR – Local Government Lawyer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‘The Information Commissioner has launched a consultation on new draft guidance for organisations on how to handle Subject Access Requests (SARs) under the GDPR.’

Full Story

Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Ghosh v Hanover Gate Mansions Ltd [2019] UKUT 290 (LC) – Tanfield Chambers

Posted December 4th, 2019 in agency, consultations, contracts, news, service charges by sally

‘A contract between a landlord and a managing agent was found to have come into existence when the performance of management services commenced and not on the date of the landlord’s payment for the services provided. In the circumstances, the particular contract was a qualifying long term agreement and the statutory consultation requirements under section 20 of the Landlord and Tenant Act 1985 were applicable.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Ripping the heart out of the Nomad Nation – Garden Court Chambers

Posted November 19th, 2019 in consultations, human rights, local government, news, police, travellers, trespass by sally

‘On 5 November 2019 the Home Office announced a consultation Strengthening police powers to tackle unauthorised encampments. This consultation follows an earlier consultation issued by the Ministry of Housing, Communities and Local Government (MHCLG) in April 2018 on the effectiveness of enforcement against unauthorised developments and encampments (see the MHCLG report in February 2019 following the consultation).’

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Garden Court Chambers, 18th November 2019

Source: www.gardencourtchambers.co.uk

Digital assets “are property” under English law – Legal Futures

Posted November 19th, 2019 in consultations, contracts, electronic commerce, jurisdiction, news by sally

‘Blockchain and smart contracts were given a major boost towards becoming a standard method for securely storing and transferring cryptoassets yesterday, when the expert panel charged with giving the technology legal certainty decided they should be treated in principal as property.’

Full Story

Legal Futures, 19th November 2019

Source: www.legalfutures.co.uk

Civil partnerships legislation – unfinished business – Law & Religion UK

The draft Civil Partnership (Opposite-sex Couples) Regulations 2019 (“the Regulations”) was the first item of the secondary legislation within the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 (“the Act”) to achieve the necessary approval of both Houses under the affirmative resolution procedure. It was also the last item of debated business before parliament was dissolved on 6 November. Through section 2(2) of the Act the regulations were subject to a “sunset clause” which required them to be in force by the end of December, and as such, only limited time was available for its scrutiny and approval; this left a number of items of unfinished business, and these are summarized below.

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Law & Religion UK, 18th November 2019

Source: www.lawandreligionuk.com

Police oppose Traveller and Gypsy camp crackdown, FOI shows – The Guardian

Posted November 14th, 2019 in consultations, equality, human rights, news, police, travellers, trespass by tracey

‘Proposals to criminalise unauthorised Gypsy and Traveller encampments fly in the face of police recommendations to make more sites available to best tackle the situation, it has been revealed.’

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The Guardian, 14th November 2019

Source: www.theguardian.com

Trustees of Sikh Temple charity fail in High Court challenge to traffic management order – Local Government Lawyer

Posted November 11th, 2019 in charities, consultations, equality, local government, news, road traffic, Sikhism by sally

‘A High Court judge has rejected a legal challenge brought over the Royal Borough of Kensington & Chelsea’s decision to make a traffic management order imposing additional parking restrictions in an area with a Sikh Temple.’

Full Story

Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Behind the curtain – Local Government Lawyer

Posted November 8th, 2019 in consultations, elections, government departments, local government, news by tracey

‘As the general election kicks off, James Goudie QC highlights a 2017 High Court ruling on the status of “purdah” and the business that can and cannot be conducted while it applies.’

Full Story

Local Government Lawyer, 8th November 2019

Source: www.localgovernmentlawyer.co.uk

Government consults on new police powers to criminalise unauthorised encampments – Home Office

‘The government will launch a consultation on proposals to give police new powers to arrest and seize the property and vehicles of trespassers who set up unauthorised caravan sites.’

Full press release

Home Office, 3rd November 2019

Source: www.gov.uk/home-office

Concerns raised about Calderbank offers being used to assess litigation conduct – Law Society’s Gazette

‘Reservations have been expressed about plans to change the rules for determining costs at the end of family proceedings.’

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Law Society's Gazette, 5th November 2019

Source: www.lawgazette.co.uk

President’s guidance as to reporting on family courts – Transparency Project

Posted November 4th, 2019 in consultations, family courts, news, reporting restrictions by sally

‘As part of the decision made by the President of the Family Division in the appeal by TP member, Louise Tickle in February, Sir Andrew McFarlane stated that guidance to courts would need to be issued to address the uncertainty that existed if a journalist or legal blogger entitled to attend court asked for leave to publish information from the hearing. Draft guidance was published in March, and following a consultation period the final version has now been issued. The Transparency Project responded to the consultation. The new guidance was published on the Judiciary website on 29th October, although it is dated 3rd October.’

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Transparency Project, 1st November 2019

Source: www.transparencyproject.org.uk

MoJ: No change to whiplash reform timetable – Legal Futures

‘The Ministry of Justice (MoJ) is continuing to work towards April 2020 to implement the whiplash reforms despite the upcoming election, it has confirmed.’

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Legal Futures, 1st November 2019

Source: www.legalfutures.co.uk

Moving Inevitably On: A Fixed Future on the Fast Track – No. 5 Chambers

Posted October 31st, 2019 in consultations, costs, fees, news by sally

‘Although to all outward appearances the machinery of government appears to have ground to halt, fixated with only resolving that one conundrum with an outcome which is far from certain, the Ministry of Justice appears not only immune to the partial paralysis, but intends to give certainty in an uncertain world – at least the world of costs. Though delays abound, the inexorable march forward with Sir Rupert Jackson’s 2017 proposals continues.’

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No. 5 Chambers, 8th October 2019

Source: www.no5.com

Seahorses are to be given greater protection from oil drilling after a landmark High Court challenge – Daily Telegraph

Posted October 23rd, 2019 in animals, consultations, energy, environmental protection, judicial review, news by tracey

‘Seahorses are to be given greater protection from oil drilling off British coastlines after a landmark High Court challenge.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Terrorism guidelines to be revised following legislation changes – Sentencing Council

Posted October 22nd, 2019 in consultations, press releases, sentencing, terrorism by tracey

‘The Sentencing Council has launched a public consultation on revisions to some of the current sentencing guidelines for terrorism offences in England and Wales. The proposed revisions follow significant changes to terrorism legislation brought in by the new Counter Terrorism and Border Security Act 2019.’

Full press release

Sentencing Council, 22nd October 2019

Source: www.sentencingcouncil.org.uk

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.’

Full speech

Crown Prosecution Service 14th October 2019

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

News ‘Perverse’ MoD legal reforms will harm troops’ rights, warn lawyers – Law Society’s Gazette

‘Legal experts have warned that the government’s plans to restrict claims against the Ministry of Defence are also framed to stop service personnel seeking justice for mistreatment.’

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Law Society's Gazette, 14th October 2019

Source: www.lawgazette.co.uk

Government review of abortion clinic buffer zones ‘misrepresents impact of protestors on patients’ – The Independent

‘A government review into buffer zones outside abortion clinics underplayed and misrepresented the impact of activists on staff and patients, a number of medical bodies and charities have claimed in a renewed call for better protections for women in vulnerable situations.’

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The Independent, 8th October 2019

Source: www.independent.co.uk

Consultation paper launched – Vulnerable witnesses and parties – Courts and Tribunals Judiciary

Posted September 5th, 2019 in case management, civil procedure rules, consultations, victims, witnesses by tracey

‘Consultation paper launched – Vulnerable witnesses and parties.’

Full consultation

Courts and Tribunals Judiciary, 3rd September 2019

Source: www.judiciary.uk