Too many people unfit to plead face criminal trials, says Law Commission – The Independent

Posted January 11th, 2016 in criminal justice, fitness to plead, Law Commission, mental health, news, trials by sally

‘Commission will tell Government legal tests to determine whether someone is mentally fit for trial are Victorian legacies.’

Full story

The Independent, 10th January 2016

Source: www.independent.co.uk

Deliberately understating claim value to avoid higher court fees is an ‘abuse of process’, court rules – OUT-LAW.com

Posted January 8th, 2016 in abuse of process, fees, law firms, limitations, negligence, news by sally

‘It was an “abuse of process” for individuals to deliberately understate the value of their claims against a law firm so that they could avoid paying higher court fees up front and issue their claims within the limitation period, the High Court has ruled.’

Full story

OUT-LAW.com, 7th January 2016

Source: www.out-law.com

Appeal court: profits from sale of ship should be treated as mitigation of loss from breach of contract – OUT-LAW.com

Posted January 8th, 2016 in causation, charterparties, contracts, economic loss, news, shipping law by sally

‘A High Court judge “overcomplicated matters” by attempting to develop a set of principles governing whether the innocent party to a breach of contract should have its award of damages reduced to reflect a benefit it obtained from that breach of contract, an expert has said.’

Full story

OUT-LAW.com, 8th January 2016

Source: www.out-law.com

Taxi driver told to pay more than £9,000 in costs after losing council appeal – Local Government Lawyer

Posted January 8th, 2016 in appeals, complaints, costs, licensing, news, taxis by sally

‘A taxi driver in Kent has been ordered to pay more than £9,000 in costs after losing an appeal against a council’s decision to suspend his licence.’

Full story

Local Government Lawyer, 6th January 2016

Source: www.localgovernmentlawyer.co.uk

SRA asks: Are solicitors to blame for declining criminal advocacy standards? – Legal Futures

‘The Solicitors Regulation Authority (SRA) is to research this year whether standards of criminal advocacy are declining and whether solicitors are to blame. As part of the research, the SRA said it would ask judges whether solicitor and Crown Prosecution Service (CPS) advocates were “working beyond their level of competence”.’

Full story

Legal Futures, 8th January 2016

Source: www.legalfutures.co.uk

High Court finds abuse of process in how law firm sued fellow solicitors – Legal Futures

Posted January 8th, 2016 in abuse of process, fees, law firms, limitations, negligence, news by sally

‘The High Court has found a Newcastle law firm’s conduct an abuse of process after it repeatedly failed to pay the proper court fees when it issued claims.’

Full story

Legal Futures, 8th January 2016

Source: www.legalfutures.co.uk

The Race to Court under EU Brussels II: A New Approach? – Family Law Week

Posted January 8th, 2016 in conflict of laws, divorce, EC law, news, service, time limits by sally

‘Stuart Clark, a solicitor at The International Family Law Group LLP, reports on a recent Irish case which could have important implications for the priority of divorce proceedings in international cases.’

Full story

Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

Dementia charity warned to take action over data protection failings – Daily Telegraph

Posted January 8th, 2016 in charities, data protection, mental health, news by sally

‘The Information Commissioner’s Office (ICO) has ordered The Alzheimer’s Society to take action or risk prosecution after finding serious failings in the way volunteers handled data about people who used the charity.’

Full story

Daily Telegraph, 7th January 2016

Source: www.telegraph.co.uk

Snooper’s charter would be out of date in five years, says defence industry – The Guardian

Posted January 8th, 2016 in bills, internet, investigatory powers, news, telecommunications by sally

‘The accelerating pace of technology means the government’s landmark snooper’s charter bill will only have a limited shelf life and will need to be revisited within five years, Britain’s defence and security industry has told MPs and peers.
They have warned that there are serious questions over whether fundamental parts of the new law that will overhaul of surveillance powers will be relevant in the near future as the technological landscape changes.’

Full story

The Guardian, 7th January 2016

Source: www.guardian.co.uk

Bar owner fined £20,000 after beer mix-up leaves man fighting for life – Daily Telegraph

Posted January 8th, 2016 in fines, health & safety, licensed premises, news by sally

‘A bar owner has been fined £20,000 after a man was left fighting for his life when he was given line cleaner containing caustic soda to drink rather than beer. Spanish TV producer David Caminal, 48, had to have his oesophagus removed after he drank just a small amount of the fluid when it was served by mistake at the New Conservatory, in the centre of Leeds, in July 2014.’

Full story

Daily Telegraph, 8th January 2016

Source: www.telegraph.co.uk

Gang members banned from Birmingham’s Ladywood – BBC News

Posted January 8th, 2016 in gangs, injunctions, news, violence by sally

‘Three brothers and a friend have been banned for two years from the area of Birmingham in which they live following the imposition of gang injunctions.’

Full story

BBC News, 8th January 2016

Source: www.bbc.co.uk

Motorist with 51 points escapes driving ban – Daily Telegraph

Posted January 8th, 2016 in disqualification, driving licences, news, penalties, road traffic offences by sally

‘A motorist with 51 penalty points – more than four times the permitted maximum – on their licence is still allowed on the road, it has been revealed. The driver, based in Oxford, is one of three in the UK with more than 40 points on their licence who have not been disqualified. The information was released by the Driver and Vehicle Licensing Agency (DVLA) following a Freedom of Information request from the Institute of Advanced Motorists (IAM). It also shows that 3 million of the 45 million licence holders in the UK carry penalty points, of which 13 have accumulated 28 or more.’

Full story

Daily Telegraph, 7th January 2015

Source: www.telegraph.co.uk

Organisations should learn lessons on outsourcing from BT Cornwall case, says expert – OUT-LAW.com

‘Both customers and suppliers can learn lessons on outsourcing from a recent dispute ruled on by the High Court in London.’

Full story

OUT-LAW.com, 7th January 2016

Source: www.out-law.com

Barristers who work for free could be breaching referral fee ban, Bar Council warns – Legal Futures

Posted January 7th, 2016 in barristers, fees, law firms, magistrates, news, pro bono work, professional conduct by sally

‘Criminal barristers who agree to work for law firms “for no fee” could be breaching the referral fee ban, the Bar Council has warned.’

Full story

Legal Futures, 7th January 2016

Source: www.legalfutures.co.uk

A scandal unfolds: High Court enforcement again – Nearly Legal

‘In our last post, we dealt with the issue of an application for a High Court writ being made in tenant possession cases by way of form N293A. To recap, this is the form which expressly states “This judgment or order has been sent to the High Court for enforcement by (Writ of Possession against trespassers) only”.’

Full story

Nearly Legal, 6th January 2016

Source: www.nearlylegal.co.uk

Retrospective success fee was justified, High Court rules – Litigation Futures

Posted January 7th, 2016 in costs, fees, immigration, law firms, legal aid, news by sally

‘A law firm was justified in charging a retrospective success fee as the claimant did not face different risks when he signed a conditional fee agreement (CFA) as when he had applied for legal aid five months earlier, the High Court has ruled.’

Full story

Litigation Futures, 7th January 2016

Source: www.litigationfutures.com

Plymouth sex worker jailed for five years for allowing clients to rape and sexually abuse her daughters – The Independent

‘A sex worker who allowed her clients to rape and indecently assault her daughters in “almost Victorian” conditions has been jailed for five years. ‘

Full story

The Independent, 7th January 2016

Source: www.independent.co.uk

Thalidomide 50 years on: ‘Justice has never been done and it burns away’ – Daily Telegraph

Posted January 7th, 2016 in compensation, health, media, medicines, news, reporting restrictions, victims by sally

‘It has been more than half a century since the thalidomide scandal, but Martin Fletcher finds that the victims’ fight for compensation is far from over.’

Full story

Daily Telegraph, 7th January 2016

Source: www.telegraph.co.uk

Knickers stealing Devon man is jailed – BBC News

Posted January 7th, 2016 in burglary, news, recidivists, sentencing, suspended sentences by sally

‘A serial underwear thief stole knickers from homes and washing lines 120 times, a court heard.’

Full story

BBC News, 6th January 2016

Source: www.bbc.co.uk

Court of Appeal: immigration age assessments and Merton – UK Human Rights Blog

‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’

Full story

UK Human Rights Blog, 6th January 2016

Source: www.ukhumanrightsblog.com