Proposed wilful neglect law may see up to 240 health prosecutions a year – The Guardian

Posted February 28th, 2014 in consultations, hospitals, news, prosecutions, wilful neglect by sally

‘Up to 240 prosecutions a year alleging wilful neglect or ill-treatment of patients could take place under a new criminal offence to be introduced in England following the Mid Staffordshire hospital scandal, the government says.’

Full story

The Guardian, 27th February 2014

Source: www.guardian.co.uk

DPP seeks public views on bringing non-recent cases to court – where a nominal penalty is likely – Crown Prosecution Service

Posted February 27th, 2014 in consultations, Crown Prosecution Service, delay, news, prosecutions, victims by sally

‘The Director of Public Prosecutions has today instructed prosecutors not to dismiss complaints about crimes allegedly committed decades ago just because of the lapse in time of reporting, in a shift of focus towards ensuring potential victims have their day in court.’

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Crown Prosecution Service, 27th February 2014

Source: http://blog.cps.gov.uk

Insolvency practitioners to be prevented from charging by the hour under new proposals – OUT-LAW.com

‘Administrators and other insolvency practitioners (IPs) could be prevented from charging an hourly rate for their services and could instead have to base their fees on a percentage of property dealt with under plans put forward for consultation by the Government.’

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OUT-LAW.com, 19th February 2014

Source: www.out-law.com

Civil Justice Council slams government’s court fee reforms – Litigation Futures

Posted February 13th, 2014 in consultations, courts, fees, news by sally

‘The Civil Justice Council has become the latest and one of the most influential bodies to lay into the government’s proposed increases in court fees, warning that they could have a “chilling effect” on people who want to bring claims.’

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Litigation Futures, 13th February 2014

Source: www.litigationfutures.com

Another council faces judicial review over changes to library provision – Local Government Lawyer

‘Lincolnshire County Council has become the latest local authority to face judicial review proceedings over proposed cuts to its libraries.’

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Local Government Lawyer, 12th February 2014

Source: www.localgovernmentlawyer.co.uk

Lincolnshire group challenges council’s library change – BBC News

Posted February 11th, 2014 in consultations, judicial review, libraries, local government, news by tracey

‘A campaign group is going to the High Court to challenge a move by Lincolnshire County Council to change its library system.’

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BBC News, 11th February 2014

Source: www.bbc.co.uk

Judicial review reforms will discourage “ill-conceived and vexatious claims”, experts say – OUT-LAW.com

‘Changes to the rules governing judicial review (JR) claims will ensure that those challenging the decisions of public bodies face a “fair level of financial risk”, the Government has said.’

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OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Grayling’s proposals for environmental and planning judicial review – UK Human Rights Blog

‘At first sight, proposals full of sound and fury, and signifying not a great deal for planning and environmental challenges. There are some slippery costs changes which we need to look at, but some of the potentially more concerning proposals do not fully apply to this area, as I shall explain. There are also some perfectly sensible proposals about harmonising planning challenges which lawyers have been advocating for years.’

Full story

UK Human Rights Blog, 9th February 2014

Source: www.ukhumanrightsblog.com

Government JR reforms ‘take a sledgehammer to the rule of law’ – LegalVoice

Posted February 7th, 2014 in consultations, judicial review, legal aid, news, protective costs orders by tracey

‘Controversial proposals to restrict judicial review will go ahead by way of a “a tough package of reform”, the government confirmed yesterday. Publishing its response to the consultation, Judicial Review: Proposals for further reform, the justice secretary, Chris Grayling, said: “I believe in protecting judicial review as a check on unlawful executive action, but I am equally clear that it should not be abused, to act as a brake on growth.”

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LegalVoice, 6th February 2014

Source: www.legalvoice.org.uk

United States of America v Nolan – WLR Daily

United States of America v Nolan [2014] EWCA Civ 71;  [2014] WLR (D)  46

‘Employers who were public administrative bodies or sovereign states were not exempt from the obligation to consult employees’ representatives about proposed collective redundancies imposed by section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, as substituted.’

WLR Daily, 4th February 2014

Source: www.iclr.co.uk

New duty will require judges to report lawyers subject to wasted costs orders to regulators – Litigation Futures

‘Judges making wasted costs orders (WCOs) are to be placed under a duty to report the lawyers involved to their regulator in a bid to make them “consider more carefully the decisions they make in handling a case”, the government has decided.’

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Litigation Futures, 6th February 2014

Source: www.litigationfutures.com

Supporting the introduction of the single Family Court – Proposed changes to Family legal aid remuneration schemes – Ministry of Justice

Posted February 3rd, 2014 in budgets, consultations, equality, family courts, fees, legal aid, remuneration by tracey

‘The Government consulted on a proposal to change the current family legal aid fee payment schemes in October 2013. This document reflects the responses that we have received to the consultation and describes how the Government intends to proceed.’

Full document

Ministry of Justice, 31st January 2014

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

Way cleared for family’s challenge over ‘do not resuscitate’ orders – The Guardian

‘Appeal court judges have cleared the way for a family to continue their legal challenge over the way decisions are made not to attempt resuscitation of critically ill patients in England.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Mark Elliot: Reflections on the HS2 case: a hierarchy of domestic constitutional norms and the qualified primacy of EU law – UK Constitutional Law Group

‘Earlier this week, the UK Supreme Court gave judgment in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3. A good overview of the issues at stake in the case can be found in the Court’s press summary, as well as in a post by David Hart on the UK Human Rights Blog. This post is concerned only with one aspect of the decision, and with some very interesting dicta concerning not only the relationship between UK and EU law, but the nature of the UK’s constitutional order itself.’

Full story

UK Constitutional Law Group, 23rd January 2014

Source: www.ukconstitutionallaw.org

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents); R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents); R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) – Supreme Court

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0172; R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0173; R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) UKSC 2013/0187

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court rejects HS2 legal bid – BBC News

Posted January 22nd, 2014 in bills, consultations, EC law, environmental protection, news, railways by sally

‘The Supreme Court has rejected a legal bid by objectors of the HS2 national high-speed rail link to force further scrutiny of the government’s plans.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

Teachers downloading indecent images of children to be banned from classroom – Daily Telegraph

‘The Government is updating rules on downloading indecent images of children which will mean teachers found cautioned or convicted will be banned from the profession.’

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Daily Telegraph, 17th January 2014

Source: www.telegraph.co.uk

Court of Appeal agrees to hear day centre closures case – Local Government Lawyer

Posted January 16th, 2014 in appeals, care homes, consultations, learning difficulties, local government, news by tracey

‘Claimants seeking to stop the closure of day centres in Shropshire have this week been given permission to take their case to the Court of Appeal.’

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Local Government Lawyer, 16th January 2014

Source: www.localgovernmentlawyer.co.uk

Council fends off High Court challenge over day centre closure – Local Government Lawyer

Posted January 14th, 2014 in appeals, care homes, consultations, learning difficulties, local government, news by tracey

‘A High Court judge has rejected a judicial review challenge to a local authority’s decision to close a day centre for adults with a learning disability.’

Full story

Local Government Lawyer, 13th January 2014

Source: www.localgovernmentlawyer.co.uk

Government rules out ban on zero hours contracts, but seeks views on exclusivity clauses – OUT-LAW.com

Posted December 20th, 2013 in consultations, contract of employment, employment, news by tracey

‘Companies could be banned from preventing workers on “zero hours” contracts from working for another company, under proposals put forward by the Government.’

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OUT-LAW.com, 20th December 2013

Source: www.out-law.com