“To Decide or not to Decide, that is the Question…” – the impact of R (H) v Kingston upon Hull City Council – Family Law Week

“Dave Phillips and Naomi Madderson, members of the child care team at 37 Park Square Chambers, consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed and in which the authors acted.”

Full story

Family Law Week, 6th May 2013

Source: www.familylawweek.co.uk

Regulatory dilemmas – NearlyLegal

Posted April 30th, 2013 in consultations, housing, news, regulations by sally

“The Regulatory Committee of the HCA has published Protecting Social Housing Assets in a More Diverse Sector, which is styled as a discussion paper, but which also contains some thought-provoking questions about how regulation can and should work in a much diversified, increasingly risky and entrepreneurial social housing domain. We are working in an environment which is almost unrecognisable from what it was in the 1990s and perhaps even just a few years ago. This creates regulatory dilemmas about how best to protect assets in the most proportionate manner (a familiar dilemma, and one which does not seem to have been particularly affected by the financial crash, one might think).”

Full story

NearlyLegal, 30th April 2013

Source: www.nearlylegal.co.uk

Deferred prosecution agreements for England and Wales “on track for 2014” as legislation approved – OUT-LAW.com

“US-style ‘plea bargains’ will be introduced in England and Wales from 2014, following Parliamentary approval of the relevant laws.”

Full story

OUT-LAW.com, 29th April 2013

Source: www.out-law.com

High court rejects legal challenge to Barnet’s ‘easyCouncil’ plans – The Guardian

“Campaigners against Barnet council’s radical plan to outsource hundreds of millions of pounds worth of services, dubbed easyCouncil, are to take their case to the appeal court after a judge ruled their objection to a £320m contract had come too late.”

Full story

The Guardian, 29th April 2013

Source: www.guardian.co.uk

Legal aid: Lawyers in Wales agree strike action – BBC News

Posted April 29th, 2013 in barristers, budgets, consultations, industrial action, legal aid, news, Wales by tracey

“Lawyers in Wales have agreed to strike over UK government proposals to reform criminal legal aid. The Wales and Chester Circuit of Barristers has voted unanimously to refuse to sign up to a new system regulating the quality of criminal lawyers in England and Wales.”

Full story

BBC News, 28th April 2013

Source: www.bbc.co.uk

Five disabled people lose challenge over scrapped scheme that gave them independence – The Independent

Posted April 24th, 2013 in benefits, budgets, consultations, disabled persons, judicial review, news by sally

“Five disabled people have lost their High Court challenge over the Government’s decision to abolish a scheme that helps them live independently.”

Full story

The Independent, 24th April 2013

Source: www.independent.co.uk

Government pressing ahead with (most of) its proposals to restrict access to judicial review – UK Human Rights Blog

Posted April 24th, 2013 in budgets, consultations, fees, judicial review, news, time limits by sally

“The Ministry of Justice has released its response to the comments generated by the consultation paper on judicial review that was published in December. Unsurprisingly, the Government has signalled that it intends to press ahead with most of the proposals upon which it consulted.”

Full story

UK Human Rights Blog, 23rd April 2013

Source: www.ukhumanrightsblog.com

Daejan Investment Limited v Benson et al [2013] UKSC 14 – Zenith Chambers

Posted April 23rd, 2013 in consultations, landlord & tenant, news, Supreme Court, tribunals, valuation by sally

“This important case deals with the approach a leasehold valuation tribunal (LVT) should take in relation to applications for dispensation from complying with the consultation requirements.”

Full story (PDF)

Zenith Chambers, 23rd April 2013

Source: www.zenithchambers.co.uk

Update from the Chairman: legal aid consultation – The Bar Council

Posted April 23rd, 2013 in barristers, consultations, fees, legal aid, news by sally

“Bar Council met on Saturday 20 April, for the first time since the consultation was published. It was attended by all the Circuit Leaders and the Criminal Bar Association’s Chairman and Vice-Chairman.”

Full story

The Bar Council, 23rd April 2013

Source: www.barcouncil.org.uk

Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice

Posted April 23rd, 2013 in consultations, delay, fees, immigration, judicial review, news, planning by sally

“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today by Justice Secretary Chris Grayling.”

Full story

Ministry of Justice, 23rd April 2013

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

Criminal legal aid cuts prompt protest by northern lawyers – The Guardian

“Hundreds of barristers and solicitors are holding an all-day protest meeting against government plans to cut criminal legal aid and end defendants’ right to choose their lawyer.”

Full story

The Guardian, 22nd April 2013

Source: www.guardian.co.uk

Law Commission proposes changes to ‘groundless threats’ IP laws – OUT-LAW.com

“A law reform body has proposed changes to the law that would make it easier for businesses seeking to protect their trade marks and design rights to make threats of legal action against alleged infringers of their rights without fear that those threats could be the subject of court action.”

Full story

OUT-LAW.com, 22nd April 2013

Source: www.out-law.com

Simplified court fee waivers to save taxpayers £7m – Ministry of Justice

Posted April 19th, 2013 in consultations, courts, fees, press releases, tribunals by tracey

“A consultation published today sets out proposals for fee remissions (waivers) for courts and tribunals which are better targeted, fairer for the taxpayer and easy for users to understand.”

Full press release

Ministry of Justice, 18th April 2013

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

Improving the code of practice for victims of crime – Ministry of Justice

“This consultation sets out the government’s plans to reform the victims’ code to give victims clearer entitlements from criminal justice agencies and to better tailor service to individual need. It is aimed at all criminal justice agencies, victims of crime and businesses.”

Full press release

Ministry of Justice, 18th April 2013

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

Fee remissions for the courts and tribunals – Ministry of Justice

Posted April 18th, 2013 in consultations, courts, fees, news, tribunals by sally

“This consultation paper sets our proposals for reform of the fee remissions system, which ensures that access to justice is maintained for those individuals on lower incomes who would otherwise have difficultly paying a fee to use court or tribunal services.”

Full story

Ministry of Justice, 18th April 2013

Source: www.justice.gov.uk

Patents, trade marks and design rights: are groundless threats of infringement causing problems? – Law Commission

Posted April 17th, 2013 in competition, consultations, intellectual property, news, patents, trade marks by sally

“In a consultation opening today, the Law Commission seeks views on reform of the law relating to groundless threats of litigation over patents, trade marks and design rights.”

Full story

Law Commission, 17th April 2013

Source: www.lawcommission.justice.gov.uk

Barristers: help shape the future of supervision – Bar Standards Board

Posted April 16th, 2013 in barristers, consultations, news, professional conduct by sally

“Practising barristers can help shape future policy by having their say on a new approach to the way they are supervised by the Bar Standards Board.”

Full story

Bar Standards Board, 16th April 2013

Source: www.barstandardsboard.org.uk

Whistleblowing charity seeks evidence on effectiveness of current law – OUT-LAW.com

“The national whistleblowing charity has begun a public consultation exercise to help it establish whether the current law and legal protections are fit for purpose.”

Full story

OUT-LAW.com, 15th April 2013

Source: www.out-law.com

Judiciary urges caution on contempt – Law Society’s Gazette

Posted April 10th, 2013 in consultations, contempt of court, judiciary, news, publishing by sally

“Proceedings against publishers and jury members should be the very ‘last measure’ taken where contempt of court is alleged, the judiciary has said in its response to a law commission consultation.”

Full story

Law Society’s Gazette, 10th April 2013

Source: www.lawgazette.co.uk

MoJ unveils tendering plans for criminal defence – Law Society’s Gazette

“Defendants will lose the right to choose their lawyer and instead be allocated a representative, under government plans to introduce price-competitive tendering (PCT) for criminal defence services.”

Full story

Law Society’s Gazette, 9th April 2013

Source: www.lawgazette.co.uk