High Court rejects challenge to maximum expenditure policy on adult care – Local Government Lawyer

“A High Court judge has rejected claims that a council unlawfully decided to introduce a ‘maximum expenditure policy’ on funding for adult care packages where people choose to live in the community.”

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Local Government Lawyer, 12th August 2013

Source: www.localgovernmentlawyer.co.uk

New code of practice on conducting privacy impact assessments outlined – OUT-LAW.com

Posted August 8th, 2013 in codes of practice, consultations, data protection, news, privacy by sally

“The Secretary of State (SoS) was correct to conclude that the demolition of a Victorian Chapel to pave the way for a housing regeneration scheme was an independent project and therefore did not require an environmental impact assessment (EIA), a High Court judge has ruled.”

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OUT-LAW.com, 7th August 2013

Source: www.out-law.com

New guidance shows ‘tangled web’ of approvals needed for fracking projects, says expert – OUT-LAW.com

Posted August 8th, 2013 in consent, consultations, energy, environmental protection, fracking, news by sally

“Energy companies will need to negotiate a ‘tangled web; of regulatory approvals just to carry out exploratory ‘fracking’, an expert has said.”

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OUT-LAW.com, 7th August 2013

Source: www.out-law.com

Dangerous dogs: tougher penalties for irresponsible dog owners – Home Office

Posted August 6th, 2013 in consultations, dogs, news, penalties, sentencing by sally

“The government is asking for people’s views about whether current penalties for dog offences are severe enough.”

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Home Office, 6th August 2013

Source: www.gov.uk/home-office

Owners of killer dogs could face life in prison – The Guardian

Posted August 6th, 2013 in bills, consultations, dogs, news, penalties, sentencing by sally

“Owners of dogs that kill people could face life imprisonment if an online consultation run by the government demonstrates public support for more severe penalties.”

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The Guardian, 6th August 2013

Source: www.guardian.co.uk

Home Secretary extends consultation into use of stop and search – Home Office

Posted July 31st, 2013 in consultations, news, police, stop and search, time limits by sally

“Members of the public given an extra six weeks to have their say on stop and search after consultation extended to 24 September.”

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Home Office, 30th July 2013

Source: www.gov.uk/home-office

Tough new laws on aggressive bailiffs – Ministry of Justice

Posted July 30th, 2013 in bailiffs, bills, consultations, news, repossession by sally

“Tough new laws designed to protect the public from aggressive bailiffs are being implemented by Government.”

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Ministry of Justice, 30th July 2013

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

Anti-caste discrimination reforms blocked, say critics – The Guardian

“The government has been accused of deliberately delaying moves to outlaw caste discrimination despite agreeing to extend legal protection to the tens of thousands of people in the UK who are from traditionally lower status Asian backgrounds.”

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The Guardian, 29th July 2013

Source: www.guardian.co.uk

Retired appeal judge slams ‘substandard’ aid cuts – Law Society’s Gazette

Posted July 29th, 2013 in budgets, consultations, judges, judicial review, legal aid, news by sally

“Government proposals to restrict legal aid for judicial review will turn the clock back 50 years and perpetrate ‘significant and damaging injustice’, a retired Court of Appeal judge has warned.”

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Law Society’s Gazette, 29th July 2013

Source: www.lawgazette.co.uk

MoJ proposes online scheme for asbestos victims – Law Society’s Gazette

“Victims of asbestos-related disease are to be offered a process for out-of-court compensation along the lines of the RTA Portal, under proposals to support mesothelioma sufferers announced by the Ministry of Justice today.”

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Law Society’s Gazette, 24th July 2013

Source: www.lawgazette.co.uk

Stop and Search is Not Working Properly – Criminal Law and Justice Weekly

Posted July 22nd, 2013 in consultations, news, police, statistics, stop and search by sally

“On July 2, in a Commons statement, Mrs Theresa May, the Home Secretary, said she was initiating a six-week public consultation about the use of stop and search. On July 16, HM Inspectorate of Constabulary (HMIC) published a highly critical report – Stop and Search Powers: Are the police using them effectively and fairly? (www.hmic.gov.uk). By the end of the year, Mrs May said, the Government would respond to both the HMIC report and the public consultation.”

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Criminal Law and Justice Weekly, 20th July 2013

Source: www.criminallawandjustice.co.uk

New Era or Plus Ça Change – Littleton Chambers

Posted July 19th, 2013 in consultations, news, regulations, tribunals by sally

“Following the long process of consideration and consultation, the new tribunal rules take effect from 29th July 2013. David Reade QC examines the new Tribunal and Fees regime in a paper entitled ‘NEW ERA OR PLUS ÇA CHANGE’ that he delivered at the ELA this month.”

Full story (PDF)

Littleton Chambers, 15th July 2013

Source: www.littletonchambers.com

Consultation on draft rules in relation to non-contentious probate business in England and Wales – Judiciary of England and Wales

Posted July 18th, 2013 in consultations, probate, regulations by tracey

“This is a consultation produced by the President of the Family Division’s Working Group detailing the proposed amendments to the Non-Contentious Probate Rules 1987.”

Full consultation

Judiciary of England and Wales, 17th July 2013

Source: www.judiciary.gov.uk

BDW Trading Ltd and another v South Anglia Housing Ltd – WLR Daily

Posted July 17th, 2013 in consultations, landlord & tenant, law reports, service charges by sally

BDW Trading Ltd and another v South Anglia Housing Ltd [2013] WLR (D) 282

“Section 20 of the Landlord and Tenant Act 1985, which provided for consultation requirements to apply to ‘qualifying long term agreements’ (‘QLTA’), had no application to a long term agreement entered into in relation to buildings which had not yet been constructed, or which were not let at the time of the agreement.”

WLR Daily, 15th July 2013

Source: www.iclr.co.uk

Legal aid reforms could undermine fundamental principles of justice, warns CPS – The Independent

“Government plans to reform legal aid for criminal suspects could undermine the fundamental principles of justice in England and Wales, the official prosecuting body has suggested.”

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The Independent, 16th July 2013

Source: www.independent.co.uk

Jimmy Mubenga: Home Office official makes qualified apology to family – The Guardian

“David Wood, the head of the Home Office’s immigration enforcement, has given a qualified apology to the family of Jimmy Mubenga, the Angolan asylum seeker who an inquest jury last week ruled was unlawfully killed by three G4S escort guards.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Courts could force directors to compensate creditors, under Government plans – OUT-LAW.com

“Courts could be given the power to order disqualified company directors to compensate creditors who have lost money as a result of their actions, under plans being considered by the Government.”

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OUT-LAW.com, 16th July 2013

Source: www.out-law.com

Women offenders ‘afterthought’ in rehabilitation plans – BBC News

“Women offenders are being ignored in plans to overhaul rehabilitation services, a committee of MPs has said.”

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BBC News, 15th July 2013

Source: www.bbc.co.uk

Now is the time for a total review – The Bar Council

“Barristers are such an easy target. Trite sneers are instantly available to the disappointed litigant, failed pupil or populist politician. We are ‘fat cats’ sitting in ‘Georgian terraces’ bleating about the ‘racket’ coming to an end. The natural response of the practitioner to these comments is anger and frustration.”

Full story (PDF)

The Bar Council, July 2013

Source: www.barcouncil.org.uk

Consultation launched into migrant access of health services – Home Office

Posted July 5th, 2013 in bills, consultations, health, immigration, press releases by tracey

“A consultation into short term migrant’s access and contribution to the NHS has been launched as part of the Immigration Bill.”

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Home Office, 3rd July 2013

Source: www.gov.uk/home-office