Grayling’s legal aid reforms ‘irrational’, Law Society argues – Law Society’s Gazette

Posted January 16th, 2015 in contracts, judicial review, Law Society, legal aid, news, tenders by sally

‘The lord chancellor’s decision to start a tender process for legal aid crime duty contracts is unlawful because it is “irrational”, “disproportionate” and based on a “manifest error”, the Law Society will argue in the High Court.’

Full story

Law Society’s Gazette, 15th January 2015

Source: www.lawgazette.co.uk

Preacher Allan Cundick jailed for child sex attacks – BBC News

Posted January 16th, 2015 in child abuse, news, sentencing, sexual offences by sally

‘A preacher found guilty of indecently assaulting two girls aged between nine and 16 has been jailed for four-and-a-half years.’

Full story

BBC News, 15th January 2015

Source: www.bbc.co.uk

Law Society wins groundbreaking injunction against struck-off solicitor – Legal Futures

Posted January 16th, 2015 in disciplinary procedures, injunctions, Law Society, news, solicitors by sally

‘The Law Society has obtained a groundbreaking injunction that prevents a struck-off solicitor from holding himself out as a solicitor or being involved in a law firm without its approval.’

Full story

Legal Futures, 16th January 2015

Source: www.legalfutures.co.uk

Website operators can prohibit ‘screen scraping’ of unprotected data via terms and conditions, says EU court in Ryanair case – OUT-LAW.com

Posted January 16th, 2015 in airlines, database right, EC law, electronic commerce, internet, news by sally

‘Online aggregators that engage in ‘screen scraping’ face a threat to their business models following a ruling by the EU’s highest court, an expert has said.’

Full story

OUT-LAW.com, 15th January 2015

Source: www.out-law.com

Proportionality rule bites as High Court slashes costs claim by more than half – Litigation Futures

Posted January 16th, 2015 in barristers, fees, news, proportionality, solicitors by sally

‘The High Court has more than halved a successful party’s costs on summary assessment on the basis of proportionality, with the fees charged by the partner running the case hit particularly hard.’

Full story

Litigation Futures, 16th January 2015

Source: www.litigationfutures.com

How to apply the DPA – Panopticon

Posted January 16th, 2015 in data protection, disclosure, freedom of information, necessity, news by sally

‘Section 40 of FOIA is where the Freedom of Information Act (mantra: disclose, please) intersects with the Data Protection Act 1998 (mantra: be careful how you process/disclose, please).’

Full story

Panopticon, 15th January 2015

Source: www.panopticonblog.com

Is there a maximum award for general damages arising under contract? – NearlyLegal

Posted January 16th, 2015 in damages, defective premises, news, repairs, representative actions by sally

‘The case of Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC) is a bit off the housing law beaten track and as a result I have only recently got round to reading it properly. It concerned s.1, Defective Premises Act 1974, which is the statutory provision that enables any person with an interest in a dwelling to sue the person responsible for building the dwelling, or carrying out any work in connection with the dwelling, where the dwelling is not fit for human habitation when the work is completed.’

Full story

NearlyLegal, 15th January 2015

Source: www.nearlylegal.co.uk

Criminal Acts and Compensation – Zenith PI Blog

Posted January 16th, 2015 in compensation, ex turpi causa, news, personal injuries by sally

‘The recent case of AB v Chief Constable of X Constabulary provided the High Court with an opportunity to review the doctrine of ex turpi causa and its application in personal injury cases.’

Full story

Zenith PI Blog, 15th January 2015

Source: www.zenithpi.wordpress.com

Primary school caretaker found with over 600 child abuse images walks free from court – The Independent

Posted January 16th, 2015 in community service, indecent photographs of children, news, sentencing by sally

‘A 55-year-old primary school caretaker walked free from Cardiff Crown court, claiming possessing over 600 child abuse images was “just a morbid curiosity.”’

Full story

The Independent, 15th January 2015

Source: www.independent.co.uk

Men jailed after man lost eye in Birmingham belt attack – BBC News

Posted January 16th, 2015 in grievous bodily harm, news, sentencing by sally

‘Two men who attacked a man with his own belt in a “savage” street assault in which he lost an eye have been jailed.’

Full story

BBC News, 15th January 2015

Source: www.bbc.co.uk

Sikh wins compensation over prison turban challenge – Daily Telegraph

Posted January 16th, 2015 in compensation, news, prisons, religious discrimination, Sikhism, solicitors by sally

‘A Sikh solicitor has won undisclosed compensation after being barred from entering a prison to visit a client because he had pins in his turban.’

Full story

Daily Telegraph, 15th January 2015

Source: www.telegraph.co.uk

Fake Help for Heroes collection ‘soldier’ Liam O’Brien jailed – BBC News

Posted January 16th, 2015 in armed forces, charities, fraud, handling stolen goods, news, sentencing by sally

‘A Wiltshire man who posed as a serving soldier and falsely claimed to be collecting money for the charity Help for Heroes has been jailed.’

Full story

BBC News, 15th January 2015

Source: www.bbc.co.uk

Attorney general unable to review teacher-pupil sex sentence – The Guardian

‘A judge who gave a teacher a suspended sentence after suggesting he had been “groomed” by a pupil he was convicted of having sex with is to face an official investigation. Stuart Kerner, 44, was found guilty last month of two counts of sexual activity with a child by a person in a position of trust. But on Wednesday, he was given a suspended 18-month sentence by Joanna Greenberg QC, who said it was clear that his 16-year-old victim was obsessed with him.’

Full story

The Guardian, 15th January 2015

Source: www.guardian.co.uk

Connor Doughton gets life sentence for Michael Lee Emmett murder – BBC News

Posted January 15th, 2015 in alcohol abuse, learning difficulties, murder, news, sentencing by sally

‘A teenager who murdered a father-of-three has been told he will spend at least 15 years behind bars.’

Full story

BBC News, 15th January 2015

Source: www.bbc.co.uk

HMRC Dishonesty Allegation “seriously flawed” – RPC Tax Take

Posted January 15th, 2015 in banking, fraud, HM Revenue & Customs, news, taxation, tribunals, VAT by sally

‘The First-tier Tribunal (Tax Chamber) (“FTT”) has ruled, in Citibank NA v Revenue and Customs Commissioners, that HMRC’s pleadings were “seriously flawed”. When alleging fraud against a taxpayer, HMRC must clearly plead that the taxpayer had a dishonest state of mind.’

Full story

RPC Tax Take, 14th January 2015

Source: www.rpc.co.uk

Good Samaritan Law – BBC Unreliable Evidence

Posted January 15th, 2015 in crime, doctors, duty of care, homicide, negligence, news, nurses, volunteers by sally

‘Clive Anderson and guests ask why Britain, unlike many other countries in the world, has no general law which requires people to behave like good Samaritans, punishing those who fail to help others in trouble.’

Listen

BBC Unreliable Evidence, 14th January 2015

Source: www.bbc.co.uk

Whiplash Quantum Update – Zenith PI Blog

Posted January 15th, 2015 in damages, news, personal injuries, road traffic offences by sally

‘There are increasing numbers of post-April 2013 personal injury settlements being reported, many of which contain specific reference to the damages figure including the 10% uplift provided for by Simmons v Castle [2012] EWCA Civ 1288.’

Full story

Zenith PI Blog, 13th January 2015

Source: www.zenithpi.wordpress.com

Football ‘spot-fixing’ case dropped – BBC News

Posted January 15th, 2015 in evidence, fraud, gambling, media, news, prosecutions, sport by sally

‘The case against 13 footballers investigated over alleged spot-fixing has been dropped due to “insufficient evidence”, the CPS has said.’

Full story

BBC News, 15th January 2015

Source: www.bbc.co.uk

Accidents abroad: The need for evidence of local standards – Zenith PI Blog

‘A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of local standards of care and the judge had wrongly imposed an evidential burden of proof on the holiday company to prove it exercised reasonable care and skill in performance of the contract.’

Full story

Zenith PI Blog, 13th January 2015

Source: www.zenithpi.wordpress.com

Corporate manslaughter prosecutions “gathering momentum”, says expert, as kayak firm convicted – OUT-LAW.com

Posted January 15th, 2015 in corporate manslaughter, health & safety, news, prosecutions by sally

‘The successful prosecution of a firm for corporate manslaughter following the death of a worker who had become trapped in an industrial oven demonstrates the need for firms to ensure that health and safety risks are properly managed, an expert has said.’

Full story

OUT-LAW.com, 13th January 2015

Source: www.out-law.com