High court blocks second phone-hacking claims brought by John Leslie and Jeff Brazier – The Guardian

‘Mr Justice Mann rules that settlements reached in first claims for damages against News of the World publisher barred new actions from former TV personalities.’

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The Guardian, 27th January 2015

Source: www.guardian.co.uk

Government in £9 million payout after single letter blunder causes business to collapse – Daily Telegraph

Posted January 28th, 2015 in costs, damages, mistake, negligence, news, winding up by sally

‘A High Court judge has found Companies House liable for the demise of Taylor & Sons Ltd, after they mistakenly recorded that it had been wound up.’

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Daily Telegraph, 27th January 2015

Source: www.telegraph.co.uk

Give slavery victims ‘freedom from prosecution for minor crimes’ – The Guardian

Posted January 28th, 2015 in bills, crime, forced labour, gangs, immunity, news, police, prosecutions, victims by sally

‘Granting victims of slavery immunity from prosecution to give evidence about exploitation will be a key tool in tackling organised gangs, according to the officer in charge of coordinating new investigative powers.’

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The Guardian, 28th January 2015

Source: www.guardian.co.uk

David Beckham’s TV ad for whisky cleared by advertising watchdog – The Guardian

Posted January 28th, 2015 in advertising, alcoholism, charities, children, food, news, regulations, sport by sally

‘David Beckham’s TV ad for whisky brand Haig Club has been cleared by the UK advertising watchdog, despite complaints that the former footballer’s endorsement promotes drinking among children.’

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The Guardian, 28th January 2015

Source: www.guardian.co.uk

Elderly man ‘held prisoner’ in care home – Daily Telegraph

‘An elderly man suffering from dementia was treated like a “prisoner” after social workers dispatched him to a nursing home against his and his family’s wishes without going through proper legal processes, a formal investigation has found.’

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Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

Victims’ commissioner: Complaints are not being taken seriously – Daily Telegraph

Posted January 27th, 2015 in codes of practice, complaints, news, reports, victims by sally

‘ ”Something is going terribly wrong” with the way victims of crime are treated by the system, says the victims’ tsar.’

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Daily Telegraph, 27th January 2015

Source: www.telegraph.co.uk

A Capacitous Patient’s Consent to Medical Treatment is Still Fundamental, Even Where the Treatment Takes Place in Accident and Emergency – Zenith PI Blog

Posted January 27th, 2015 in appeals, consent, duty of care, hospitals, medical treatment, negligence, news by sally

‘In the case of Anita Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8, recently heard by the Court of Appeal, a Senior House Officer in the Accident and Emergency Department commenced a treatment in the face of explicit protestation by the Claimant, and without discussing with her what her alternatives were.’

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Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

Spousal maintenance – Law Society’s Gazette

Posted January 27th, 2015 in divorce, financial provision, news by sally

‘Disputes over spousal maintenance are often the main bar to couples resolving financial disputes on divorce. In the judgment of SS v NS [2014] EWHC 4183 (Fam), Mostyn J has given comprehensive guidance on the principal issues surrounding spousal maintenance.’

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Law Society’s Gazette, 26th January 2015

Source: www.lawgazette.co.uk

Premature service of Claim Form – avoiding disaster – Zenith PI Blog

Posted January 27th, 2015 in appeals, case management, civil procedure rules, documents, news, service by sally

‘A problem frequently arises when, for one reason or another – most frequently the late arrival of the client in a solicitor’s office – the limitation period is nearly up, but one has not got the medical report or one has not got the materials needed for the drafting of the Particulars of Claim or indeed has grave doubts about whether the claim is viable, but plainly proceedings need to be commenced notwithstanding. In those circumstances, it is recognised as the best practice, following CPR 6.4(1)(b), to issue a claim form but to notify the court that the Claimant wishes to serve the Claim Form. If one does not do that, the court will serve the Claim Form automatically, whereas if you undertake to serve it yourself, you will have up to four months within which to serve the Claim Form. During that time, one can ensure that what needs to be done in order to present a coherent and correctly presented claim can be done.’

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Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

‘Innovation in the delivery of legal services’ report – LegalVoice

Posted January 27th, 2015 in law firms, legal services, news, reports, speeches by sally

‘Legal aid firms and advice agencies are being encouraged to embrace new technologies to survive in the post-LASPO world. A new report by LV director David Gilmore and Matthew Howgate, following on from the 2014 Innovation in the delivery of legal services conference, provides examples of what firms and not-for-profit agencies are doing to survive in the wake of the legal aid cuts. The authors conclude that it is ‘impossible to see the LASPO cuts as anything but an absolute disaster’. However, they argue that across the advice sector there are ‘strong ideas’ emerging.’

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LegalVoice, 26th January 2015

Source: www.legalvoice.org.uk

CAT power to issue cost-capped injunctions will improve competition law enforcement, says expert – OUT-LAW.com

Posted January 27th, 2015 in appeals, bills, competition, costs, injunctions, news, small businesses, tribunals by sally

‘FOCUS: Proposed changes to the workings of the Competition Appeals Tribunal (CAT) will make it more likely that competition law is enforced and will give some smaller companies a boost in pursuing competition claims.’

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OUT-LAW.com, 23rd January 2015

Source: www.out-law.com

Law Commission to codify sentencing procedure – Law Commission

Posted January 27th, 2015 in consultations, Law Commission, news, sentencing by sally

‘Modern sentencing procedure is complex, and the law that governs it is unclear and difficult to understand.’

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Law Commission, 26th January 2015

Source: www.lawcommission.justice.gov.uk

Abortion doctor will appear in court – Daily Telegraph

Posted January 27th, 2015 in abortion, doctors, news, private prosecutions, sex discrimination by sally

‘Telegraph investigation leads Christian campaigner to mount private prosecution against doctor accused of offering gender-based abortion.’

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Daily Telegraph, 26th January 2015

Source: www.telegraph.co.uk

Legal highs and prescription drugs face ban in English and Welsh prisons – The Guardian

Posted January 27th, 2015 in bills, drug abuse, medicines, news, prisons by sally

‘The justice secretary will be able to ban any legal drug inside prisons, including prescription drugs and “legal highs”, under a crackdown to start this week.’

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The Guardian, 26th January 2015

Source: www.guardian.co.uk

Applications to allow service of Claim Form by alternative method/place – Explain your “Good Reason” – Zenith PI Blog

Posted January 27th, 2015 in appeals, civil procedure rules, claims management, documents, news, service by sally

‘The principles to apply when considering whether to allow an application under 6.15 (service of the CF by alternative method or at an alternative place). The evidence in support must explain the failure to serve.’

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Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

David Hart QC: TTIP – more ‘foreign’ judges critising ‘our’ laws? – UK Human Rights Blog

Posted January 27th, 2015 in foreign companies, human rights, news, treaties, tribunals by sally

‘TTIP stands for the Transatlantic Trade and Investment Partnership, a proposed trade agreement between the US, the EU, and various members of the EU including the UK. A sober account of its history and scope was produced for the HoC debate (here), and a rather less polite view is here from George Monbiot. ‘

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UK Human Rights Blog, 23rd January 2015

Source: www.ukhumanrightsblog.com

Profession unites in opposition to “disastrous” court fee rises – Litigation Futures

Posted January 27th, 2015 in consultations, courts, fees, Law Society, news by sally

‘The Law Society has pledged to challenge the government’s decision to introduce enhanced court fees from April and said it will strenuously oppose more planned hikes.’

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Litigation Futures, 27th January 2015

Source: www.litigationfutures.com

Qualification criteria and allocations: An outlier? – NearlyLegal

Posted January 27th, 2015 in appeals, housing, local government, news, time limits by sally

‘In R(Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin), McCloskey J held the council’s allocation scheme valid in circumstances which, I must say, did not seem propitious to the council. The council’s new allocation scheme, which came in to force in September 2013, had a qualification criterion which required applicants to have a continuous residence for three years and, for those already registered, to have two and a half years. It was argued by the council that there was no “exceptional circumstances” get-out clause, because, apparently, the council “wanted clear rules that left no room for doubt about whether an individual qualified in the first place”. Now, like Ms Hillsden’s counsel (Jan Luba and Bethan Harris), I would have said that whole criterion was a real problem – indeed, our past notes on this precise issue have argued this too. So, fair play to Epping – how did they win? Will it survive an appeal?’

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NearlyLegal, 24th January 2015

Source: www.nearlylegal.co.uk

Finance & Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from December 2014.’

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Family Law Week, 23rd January 2015

Source: www.familylawweek.co.uk

Why Good Lawyers are such Bad Historians: the Case of Sir Edward Coke – The Inner Temple

Posted January 27th, 2015 in legal history, news, speeches by sally

Why Good Lawyers are such Bad Historians: the Case of Sir Edward Coke (PDF)

Dr George Garnett, University Oxford

The Inner Temple, 19th January 2015

Source: www.innertemple.org.uk