Scott Stephenson: The Constitutional Significance of Statutory Repeal: How Far Can Parliament Turn Back the Clock? – UK Constitutional Law Group

Posted March 7th, 2013 in constitutional reform, human rights, legislation, news, repeals, treaties by sally

“The current system for human rights protection in the UK is once again under siege. In the last week, statements were made indicating that the Conservative Party’s manifesto for the next election would include major reforms to current arrangements. Chris Grayling, Justice Secretary and Lord Chancellor, declared that a future Conservative Government would repeal the UK Human Rights Act 1998 ‘and start[] again’, suggesting that it would be replaced by alternative legislation. Theresa May, Home Secretary, announced that the manifesto would include a promise to withdraw the UK from the European Convention on Human Rights.”

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UK Constitutional Law Group, 7th March 2013

Source: www.ukconstitutionallaw.org

MPs launch whiplash enquiry as sparks fly between insurers and claimant lawyers – Litigation Futures

Posted March 7th, 2013 in accidents, inquiries, insurance, news, select committees by sally

“MPs on the transport select committee are launching an inquiry into whiplash claims, chairman Louise Ellman revealed yesterday.”

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Litigation Futures, 6th March 2013

Source: www.litigationfutures.com

Supreme court may force air pollution legislation – The Guardian

Posted March 7th, 2013 in EC law, environmental protection, news, pollution, Supreme Court by sally

“The supreme court could force the government to take steps to urgently reduce dangerous air pollution in many British cities to meet European limits, following a landmark hearing this week.”

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The Guardian, 7th March 2013

Source: www.guardian.co.uk

Family of royal hoax suicide nurse denied legal aid for inquest – The Independent

Posted March 7th, 2013 in families, inquests, legal aid, legal representation, news, suicide by sally

“The family of the nurse who apparently took her own life after answering the Duchess of Cambridge hoax call has been denied legal aid for her inquest, The Independent can disclose.”

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The Independent, 7th March 2013

Source: www.independent.co.uk

MPs seek ‘fundamental review’ of RIPA after raising concerns with oversight of undercover police work – OUT-LAW.com

“The Government should commit to a ‘fundamental review’ of UK legislation that governs surveillance practices and the interception of communications, a Parliamentary committee has said.”

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OUT-LAW.com, 5th March 2013

Source: www.out-law.com

Right or Wrong? The Court of Appeal causes controversy by finding ‘good reasons’s for Claimant to be allowed to depart from its own costs budget – Zenith Chambers

Posted March 7th, 2013 in appeals, budgets, costs, news, reasons by sally

“On the eve of costs budgeting becoming an integral aspect of multi-track case management, the Court of Appeal has caused controversy by reversing Senior Costs Judge Hirst’s tough decision in Henry v News Group Newspapers (SCCO) 28th May 2012).”

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Zenith Chambers, 12th February 2013

Source: www.zenithchambers.co.uk

Top Gear up before Top Judges – UK Human Rights Blog

Posted March 7th, 2013 in appeals, BBC, damages, defamation, malicious falsehood, news, striking out by sally

“The Court of Appeal has refused an appeal against the strike out of a libel claim against the BBC in relation to a review of an electric sports car by the ‘Top Gear’ programme. The judge below had been correct in concluding that there was no sufficient prospect of the manufacturer recovering a substantial sum of damages such as to justify continuing the case to trial.”

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UK Human Rights Blog, 6th March 2013

Source: www.ukhumanrightsblog.com

Man jailed for murder of woman and death of unborn child – The Guardian

Posted March 7th, 2013 in children, murder, news, sentencing by sally

“A man who beat his pregnant former fiancee to death causing the death of their unborn baby has been jailed for at least 27 years.”

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The Guardian, 6th March 2013

Source: www.guardian.co.uk

Keighley rape trial: Bilal Hussain and Shazad Rehman jailed – BBC News

Posted March 7th, 2013 in children, conspiracy, drug trafficking, news, rape, sentencing by sally

“Two men have been jailed for drugging and raping vulnerable under-age girls they found walking the streets.”

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BBC News, 6th March 2013

Source: www.bbc.co.uk

Government to legislate for plain cigarette packaging this year – The Guardian

Posted March 7th, 2013 in advertising, children, health, news, smoking by sally

“Ministers are to introduce plain packaging for cigarettes along the Australian model with legislation this year, after becoming convinced that the branding is a key factor in why young people start to smoke.”

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The Guardian, 5th March 2013

Source: www.guardian.co.uk

Settling the case – what about costs? – Zenith Chambers

Posted March 6th, 2013 in costs, news by sally

“After prolonged negotiations the case is settled – or so it seems. When acting for the Claimant you may say, ‘We haven’t got all we wanted but at least we’ve succeeded.’ For the Defendant you may say, ‘We’ve cut the Claimant down very considerably.’ Very often what then is said is ‘We’ve reached a compromise, no order as to costs’. That is altogether too simplistic a view of the situation.”

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Zenith Chambers, 14th February 2013

Source: www.zenithchambers.co.uk

Lord Neuberger to the executive: get your tanks off the judicial lawn – UK Human Rights Blog

Posted March 6th, 2013 in human rights, judiciary, legal aid, news, United Nations by sally

“In a rare public intervention Lord Neuberger, President of the UK Supreme Court, has flagged three important issues that should be of concern to us all.”

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UK Human Rights Blog, 6th March 2013

Source: www.ukhumanrightsblog.com

Silence is not necessarily golden: the consequences of failing to adduce evidence in rebuttal in civil trials – Zenith Chambers

Posted March 6th, 2013 in burden of proof, evidence, news, witnesses by sally

“Gordon Exall considers the practical issues that arise from the principle that a court can draw adverse inferences from a party’s failure to adduce evidence on an issue.”

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Zenith Chambers, 12th February 2013

Source: www.zenithchambers.co.uk

Children and same sex families: known biological fathers and contact: the decision in S v D and E / T v X and Y [2013] EWHC – Zenith Chambers

“Where do parents and prospective parents stand after the very recent decision in the case of S v D and E? What can parenting lesbian mothers and the men who donate sperm to enable them to have children expect if there is a disagreement between them as to the role of biological fathers in their children’s lives?”

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Zenith Chambers, 14th February 2013

Source: www.zenithchambers.co.uk

Criminal legal aid scheme of the future must be based on quality and public interest, not just price – The Bar Council

Posted March 6th, 2013 in advocacy, competition, criminal justice, legal aid, news by sally

“The Bar Council, which represents barristers in England and Wales, has today responded to the Ministry of Justice’s announcement that its consultation and implementation of a new scheme for criminal legal aid will be brought forward, with price competition put forward as one key proposal.”

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The Bar Council, 5th March 2013

Source: www.barcouncil.org.uk

Prosecutor demands overhaul of sexual abuse investigations – The Guardian

Posted March 6th, 2013 in child abuse, news, prosecutions, sexual offences by sally

“Sweeping changes to the way alleged sex offenders in England and Wales are investigated must be introduced in the wake of the Jimmy Savile scandal and other child exploitation cases, Keir Starmer, the director of public prosecutions, has said.”

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The Guardian, 6th March 2013

Source: www.guardian.co.uk

Bar Council calls for proportionate regulation in response to LSBs Business Plan – The Bar Council

Posted March 6th, 2013 in budgets, legal aid, news, public interest, regulations by sally

“The Bar Council, which represents barristers in England and Wales, has called for proportionate and financially responsible regulation in its response to the Legal Services Board’s (LSB) draft business plan for 2013-14.”

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The Bar Council, 4th March 2013

Source: www.barcouncil.org.uk

Children and Families Bill 2013 – 11 KBW

Posted March 6th, 2013 in bills, children, local government, news, special educational needs by sally

“Part 3 of the Children and Families Bill 2013 (‘the Bill’) was intended to deliver ‘the biggest
reforms for 30 years’ for children and young people with SEN.”

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11 KBW, 5th March 2013

Source: www.11kbw.com

Serious Fraud Office investigation reports published – Attorney General’s Office

Posted March 6th, 2013 in news, reports, Serious Fraud Office, whistleblowers by sally

“The Attorney General has sent two reports dealing with allegations of misconduct at the SFO to a parliamentary committee.”

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Attorney General’s Office, 4th March 2013

Source: www.gov.uk/ago

Related links: Sir Alex Allan report (PDF) and report by Tim Hurdle (PDF)

Post-adoption support should be a legal right, say Lords – BBC News

Posted March 6th, 2013 in adoption, local government, news, reports, social services by sally

“Adoptive parents in England should have a legal right to support, a House of Lords report argues.”

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BBC News, 6th March 2013

Source: www.bbc.co.uk

Related link: Adoption: Post-Legislative Scrutiny Report (PDF)