Category: news

Damages-based agreements – Are you at risk of being sued? – Hardwicke Chambers

Posted April 11th, 2013 in damages, fees, news, solicitors, undersettlement by sally

“Damages-Based Agreements (‘DBAs’) became lawful on 1 April 2013 thanks to the Jackson reforms and more particularly the Damages-Based Agreements Regulations 2013. A DBA is a contingency fee arrangement whereby the lawyers can take a percentage of the damages (up to a maximum of 25% in personal injury cases, 35% in employment cases and 50% in most other cases).”

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Hardwicke Chambers, 2nd April 2013

Source: www.hardwicke.co.uk

Cold-call company ordered to pay £1,000 to man called 90 times in two months – Daily Telegraph

Posted April 11th, 2013 in claims management, compensation, insurance, news, telecommunications by sally

“A cold-call company has been ordered to pay a father £1,000 after it rang him more than 90 times in just two months asking if he wanted to reclaim mis-sold payment protection insurance (PPI).”

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Daily Telegraph, 10th April 2013

Source: www.telegraph.co.uk

It wasn’t my fault! Contributory negligence through the actions of others – Hardwicke Chambers

Posted April 11th, 2013 in agency, fraud, negligence, news, solicitors by sally

“An unresolved issue that has received little attention is whether a solicitor’s conduct could be attributed to his client as contributory negligence by that client in a claim brought against a different professional. If a claimant sues professional A for losses to which professional B also contributed, the normal course of events is for professional A to make a contribution claim against professional B. Professional A does not usually seek to attribute professional B’s conduct to the claimant in order to raise the defence of contributory negligence against the claimant. But it is easy to imagine circumstances in which the latter course would be attractive to professional A if available, for example if professional B is a man of straw whose insurers repudiate liability.”

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Hardwicke Chambers, 2nd April 2013

Source: www.hardwicke.co.uk

Pre-action correspondence and costs following discontinuance: a practical view from the Bar – Littleton Chambers

Posted April 11th, 2013 in civil procedure rules, costs, news, pre-action conduct by sally

“In his monthly column, James Bickford Smith considers the Court of Appeal’s decision in Nelson’s Yard Management Company and others v Eziefula [2013] EWCA Civ 235 and how a failure to respond to pre-action correspondence can justify departure from the default rules on costs following discontinuance.”

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Littleton Chambers,

Source: www.littletonchambers.com

Ex-Met PCSO Billy Wheatley jailed after admitting a catalogue of sex offences against children – the Independent

Posted April 11th, 2013 in child abuse, guilty pleas, indecent photographs of children, news, sentencing, sexual offences by sally

“A former Metropolitan Police community support officer with a history of sexual crime dating back to the age of 12 has been jailed after he secretly filmed himself abusing children.”

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The Independent, 11th April 2013

Source: www.indepedent.co.uk

‘Challenge it, report it, stop it’ – a plan to tackle hate crime – Home Office

Posted April 11th, 2013 in bullying, crime prevention, equality, hate crime, inciting hatred on grounds of sexual orientation, inciting racial hatred, inciting religious hatred, news by sally

“A government plan to tackle hate crime is launched today with the key message to ‘challenge it, report it, stop it’.”

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Home Office, 10th April 2013

Source: www.gov.uk/home-office

“Bring it back” – Courts and care plans that are not working – Family Law Week

Posted April 11th, 2013 in care orders, family courts, human rights, local government, news by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, examines the routes available to a local authority to return a case to court if the care plan goes awry.”

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Family Law Week, 10th April 2013

Source: www.familylawweek.co.uk

Can anonymous CVs help beat recruitment discrimination? – The Guardian

Posted April 11th, 2013 in employment, employment tribunals, equality, names, news, race discrimination, recruitment by sally

“There is growing anecdotal evidence that some UK firms are filtering out job candidates with foreign-sounding names”

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The Guardian, 11th April 2013

Source: www.guardian.co.uk

Couple jailed for £900,000 car insurance fraud – Daily Telegraph

Posted April 11th, 2013 in benefits, fraud, insurance, news, sentencing, tax evasion by sally

“A couple who carried out a fraudulent insurance scheme worth £900,000 used the money to put one of their children through a top public school.”

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Daily Telegraph,

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Transforming legal aid: a guide to defence tendering – LegalVoice

Posted April 11th, 2013 in competition, legal aid, news, public procurement, tenders by sally

“A guide to the Ministry of Justice’s consultation on criminal legal aid reform (Transforming Legal Aid: Delivering a more credible and efficient system) and price competitive tendering published earlier this week.”

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LegalVoice, 11th April 2013

Source: www.legalvoice.org.uk

Detention pending deportation without regular review breaches Article 5 of the Convention – UK Human Rights Blog

Posted April 11th, 2013 in compensation, deportation, detention, human rights, judicial review, news, rape by sally

“The Strasbourg Court has ruled that a Somali national’s detention pending deportation was not lawful under domestic law.”

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UK Human Rights Blog, 10th April 2013

Source: www.ukhumanrightsblog.com

Former lady of Blarney Castle wins damages after being branded ‘psycho’ – Daily Telegraph

Posted April 11th, 2013 in damages, defamation, internet, news by sally

“The former wife of the owner of Blarney Castle, where the Blarney Stone is kept, has won damages at the High Court after being branded as a ‘psycho’ who should be avoided.”

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Daily Telegraph, 10th April 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Ali Jawaid: Three jailed for killing mobile phone businessman – BBC News

Posted April 11th, 2013 in homicide, news, robbery, sentencing by sally

“Three men have been jailed for killing a mobile phone businessman in an attack in Coventry in November 2011.”

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BBC News, 10th April 2013

Source: www.bbc.co.uk

Judicial review expected into handling of small firm loan scheme – The Guardian

Posted April 11th, 2013 in banking, guarantees, judicial review, loans, news, small businesses by sally

“The government is facing the threat of a judicial review into its handling of an investigation into Barclays’ involvement in a state-backed loan scheme.”

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The Guardian, 10th April 2013

Source: www.guardian.co.uk

Yes, suspects are sometimes innocent – but secret arrests are not the answer – The Guardian

Posted April 10th, 2013 in contempt of court, damages, judiciary, media, news, privacy by sally

“Senior judges support a blanket ban on naming defendants, but public must understand there can be smoke without fire.”

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The Guardian, 10th April 2013

Source: www.guardian.co.uk

New equality guidance “recommends best practice” rather than creates new rights, says expert – OUT-LAW.com

Posted April 10th, 2013 in belief discrimination, employment, equality, freedom of expression, news by sally

“Guidance on how employers should deal with requests made by employees in relation to religion or belief does not create new rights, but rather recommends ‘good practice’ to help employers comply with existing laws, an expert has said.”

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OUT-LAW.com, 10th April 2013

Source: www.out-law.com

Expert witness ruling a blow to children, Society warns – Law Society’s Gazette

Posted April 10th, 2013 in children, costs, expert witnesses, family courts, legal aid, news by sally

“Children involved in family law cases will face extra uncertainty following a High Court ruling on the funding of expert witnesses, the Law Society has warned.”

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Law Society’s Gazette, 10th April 2013

Source: www.lawgazette.co.uk

Has the government broken the law over disability benefit changes? – The Guardian

Posted April 10th, 2013 in benefits, disabled persons, judicial review, news, regulations by sally

“Three disabled people have this week launched a challenge in the high court against the government’s new personal independence payment (PIP) regulations, which replace disability living allowance (DLA). In particular, the three are challenging the government’s last-minute change to the PIP regulations. Up until Monday claimants who could not walk 50 metres were entitled to DLA. The new PIP regulations reduce the distance to only 20 metres.”

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The Guardian, 10th April 2013

Source: www.guardian.co.uk

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.”

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Law Society’s Gazette, 10th April 2013

Source: www.lawgazette.co.uk

Bar Council responds to MoJ legal aid announcements – The Bar Council

Posted April 10th, 2013 in advocacy, competition, criminal justice, legal aid, news by sally

“The Bar Council, which represents barristers in England and Wales, has responded to today’s Ministry of Justice (‘MoJ’) announcement on legal aid.”

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The Bar Council, 9th April

Source: www.barcouncil.org.uk