Category: news

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.’

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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

Posted January 7th, 2016 in contracting out, contracts, drafting, injunctions, local government, news, telecommunications by sally

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

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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.’

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Legal Futures, 7th January 2016

Source: www.legalfutures.co.uk

A scandal unfolds: High Court enforcement again – Nearly Legal

Posted January 7th, 2016 in abuse of process, enforcement, housing, landlord & tenant, news, repossession, trespass by sally

‘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”.’

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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.’

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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

Posted January 7th, 2016 in child abuse, news, parental responsibility, prostitution, sentencing, sexual offences by sally

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

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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.’

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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.’

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BBC News, 6th January 2016

Source: www.bbc.co.uk

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

Posted January 6th, 2016 in appeals, asylum, children, detention, documents, evidence, human rights, immigration, judicial review, local government, news, reasons by sally

‘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).’

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UK Human Rights Blog, 6th January 2016

Source: www.ukhumanrightsblog.com

Lawyers face prospect of being struck off over Iraq abuse claims – Daily Telegraph

Posted January 6th, 2016 in armed forces, detention, disciplinary procedures, documents, human rights, inquiries, Iraq, law firms, murder, news, solicitors, torture by sally

‘Leigh Day, Britain’s leading human rights law firm, is facing a disciplinary inquiry over the shredding of a document which could have halted a £31m inquiry into false allegations of murder and torture by British troops.’

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Daily Telegraph, 5th January 2016

Source: www.telegraph.co.uk

Court of Appeal considers EU deportation, public revulsion and “imperative grounds” – Free Movement

Posted January 6th, 2016 in appeals, assault, deportation, EC law, freedom of movement, identity fraud, immigration, interpretation, news, proportionality, robbery by sally

‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’

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Free Movement, 6th January 2016

Source: www.freemovement.org.uk

More lawyers to review ‘unduly lenient’ sentences after complaints soar – The Guardian

Posted January 6th, 2016 in appeals, attorney general, complaints, news, sentencing, statistics by sally

‘More lawyers are to be recruited to a scheme that reviews “unduly lenient” sentences after a sharp rise in the number of complaints about judges’ decisions on jail terms.’

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The Guardian, 6th January 2016

Source: www.guardian.co.uk

Disabled workers can’t afford justice to deal with workplace harassment – The Guardian

Posted January 6th, 2016 in budgets, disability discrimination, disabled persons, employment, employment tribunals, equality, fees, harassment, legal aid, news, statistics by sally

‘Since the government introduced fees for employment tribunals, together with legal aid cuts, disabled people have increasingly been unable to have their cases heard.’

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The Guardian, 6th January 2016

Source: www.guardian.co.uk

Defamation reforms have helped to curb ‘trivial claims’, says campaign group – OUT-LAW.com

Posted January 6th, 2016 in defamation, news, statute law revision by sally

‘Reforms to defamation laws in England and Wales have helped to prevent “trivial claims” being brought before the courts, a campaign group has said.’

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OUT-LAW.com, 5th January 2016

Source: www.out-law.com

Sheep rustlers jailed for three years after stealing from 14 farms across the North – Daily Telegraph

Posted January 6th, 2016 in animals, conspiracy, news, proceeds of crime, sentencing, theft by sally

‘The thieves cost farmers thousands and disrupted pedigree bloodlines.’

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Daily Telegraph, 6th January 2016

Source: www.telegraph.co.uk

‘Going into legal aid work now is career suicide’ – The Guardian

Posted January 6th, 2016 in benefits, budgets, debts, domestic violence, gangs, housing, law firms, legal aid, legal profession, Ministry of Justice, news, paralegals, statistics, victims by sally

‘Government cuts to legal aid means social welfare lawyers are a dying breed. So where will the next generation come from? Step up the Justice First Fellowship.’

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The Guardian, 6th January 2015

Source: www.guardian.co.uk

Housing bill will do nothing for many of those in need of a decent home – The Guardian

Posted January 5th, 2016 in bills, housing, news, planning by sally

‘New housing legislation fails to address the problem of affordable rented housing, and there may be little that we in the House of Lords can do to improve it.’

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The Guardian, 5th January 2016

Source: www.guardian.co.uk

Council wins Planning Court battle over former home of Sir Arthur Conan Doyle – Local Government Lawyer

Posted January 5th, 2016 in local government, news, planning by sally

‘A High Court judge has dismissed a judicial review challenge to a council’s grant of planning permission for a change of use to the house where Sherlock Holmes author Sir Arthur Conan Doyle wrote The Hound of the Baskervilles.’

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Local Government Lawyer, 4th January 2016

Source: www.localgovernmentlawyer.co.uk

CA: Courts must consider “all the circumstances” before imposing part 36 penalties – Litigation Futures

Posted January 5th, 2016 in appeals, civil procedure rules, costs, news, part 36 offers, penalties by sally

‘Courts must consider “all the circumstances” before deciding whether it would be unjust to impose costs penalties on claimants who fail to beat offers made under part 36, appeal judges have ruled.’

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Litigation Futures, 5th January 2015

Source: www.litigationfutures.com

You don’t know what you’re doing – Nearly Legal

Posted January 5th, 2016 in bills, local government, London, news by sally

‘January 5, 2016, sees the Housing and Planning Bill return to the House of Commons for the Report stage (if you want to read about how the Committee stage went, the excellent House of Commons library analysis is here and our comments are here).’

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Nearly Legal, 4th January 2016

Source: www.nearlylegal.co.uk