Category: news

Drones, street art and more immigration law – BBC Law in Action

Posted February 28th, 2013 in children, deportation, immigration, news, terrorism, weapons by sally

“Joining us this week is Ben Emmerson QC, the UN’s Special Rapporteur on Counter Terrorism. As ‘drones’ – or unmanned aerial vehicles – are increasingly used by the United States to kill suspected terrorists in other nations, we look at the legal case for and against their use. And we ask: if they can legally be deployed in civilian areas in Yemen or Pakistan, could they also be used against targets in Britain? Plus: we look at the controversial European court rulings that stop illegal immigrants being deported if they are caring for children who are British citizens.”

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BBC Law in Action, 26th February 2013

Source: www.bbc.co.uk

Rolling back the tide – Henderson v Henderson re-litigation – Hardwicke Chambers

Posted February 28th, 2013 in abuse of process, news, retrials by sally

“It always seems much easier in theory than in practice to have a claim struck out as an abuse of process under the well known principle against re-litigation known by its leading authority of Henderson v Henderson (1843) 3 Hare 100.”

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Hardwicke Chambers, 20th February 2013

Source: www.hardwicke.co.uk

Number of female lawyers applying to be QC falls – The Guardian

Posted February 28th, 2013 in diversity, news, queen's counsel, women by sally

“There has been a significant fall in the number of female lawyers applying to acquire the elite status of Queen’s Counsel (QC).”

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The Guardian, 27th February 2013

Source: www.guardian.co.uk

Ombudsman warns of mis-selling risk around family law services – Legal Futures

Posted February 28th, 2013 in complaints, costs, divorce, families, legal ombudsman, legal services, news by sally

“Innovation in family law services is working for consumers but could in time lead to mis-selling and hidden costs as complex financing and legal services structures emerge, the Legal Ombudsman (LeO) has warned.”

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Legal Futures, 28th February 2013

Source: www.legalfutures.co.uk

Released prisoners to be banned from moving around country – The Guardian

Posted February 28th, 2013 in early release, freedom of movement, news, prisons, probation, rehabilitation by sally

“Newly released prisoners will be banned from moving around the country when they leave jail to ensure they complete rehabilitation programmes, Chris Grayling has told MPs.”

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The Guardian, 27th February 2013

Source: www.guardian.co.uk

Legal loophole allows banned mechanical meat in UK sausages – BBC News

Posted February 28th, 2013 in consumer protection, EC law, food, news by sally

“The BBC has learned that European meat suppliers are using a loophole in the law to sell a banned low quality material to UK sausage makers.”

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BBC News, 28th February 2013

Source: www.bbc.co.uk

Kenneth Clarke’s plans for secret courts savaged by lawyers – The Guardian

Posted February 28th, 2013 in bills, closed material, criminal justice, news, private hearings, public interest by sally

“Controversial government plans to introduce a new generation of secret courts have been dealt a major blow after hundreds of lawyers attacked them as ‘contrary to the rule of law’.”

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The Guardian, 28th February 2013

Source: www.guardian.co.uk

Internal Disciplinary Hearings and Injunctions – Littleton Chambers

Posted February 27th, 2013 in confidentiality, contracts, disciplinary procedures, hospitals, injunctions, mental health, news by sally

“Dr Chhabra is a consultant psychiatrist at Broadmoor Hospital. She was alleged by a member of the public to have breached patient confidentiality whilst travelling on a train (an allegation that might cause lawyers who work on trains pause for thought…). Her employer Trust appointed an outside psychiatrist to investigate the allegations under the Trust’s procedures, implementing ‘Maintaining High Professional Standards in the Modern NHS’. The case manager, on reviewing the investigator’s report, decided that the matter should be brought before a disciplinary hearing at which Dr. Chhabra would face allegations of gross misconduct that may have led to dismissal. Separately the Trust referred capability concerns relating to Dr. Chhabra that had also been considered in the investigator’s report, to the National Clinical Assessment Service (‘NCAS’).”

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Littleton Chambers, 12th February 2013

Source: www.littletonchambers.com

Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily

Posted February 27th, 2013 in landlord & tenant, law reports, leases, news, tribunals, valuation by sally

Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon [2013] EWCA Civ 90; [2013] WLR (D) 81

“When carrying out the hypothetical valuation of a property with development potential, pursuant to paragraph 3 of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993, the Upper Tribunal ought to have decided the legal position in respect of the legal rights and liabilities arising under various leases, rather than allow for uncertainty on those legal points, insofar as leaving them undetermined, by a discount for the risk.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Costly consequences: The pros and cons of disapplying CPR 36.14 – Hardwicke Chambers

Posted February 27th, 2013 in civil procedure rules, costs, employment, news by sally

“Unlike the general power provided by CPR 44.3, the costs consequences of Pt 36 do not lie in the discretion of the court. The court must apply them unless it considers it “unjust” to do so.”

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Hardwicke Chambers, 20th February 2013

Source: www.hardwicke.co.uk

Man who gave gun to Mark Duggan jailed for 11 years – The Guardian

Posted February 27th, 2013 in firearms, news, sentencing by sally

“A drug dealer who supplied a gun to Mark Duggan minutes before his fatal shooting by police sparked the 2011 summer riots has been jailed for a total of 11 years.”

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The Guardian, 26th February 2013

Source: www.guardian.co.uk

Legal professional privilege and employment law – Hardwicke Chambers

Posted February 27th, 2013 in accountants, employment tribunals, legal profession, news, privilege by sally

“In R (on the application of Prudential Plc and another) v Special Commissioner of Income Tax and another [2013] UKSC 1 a majority of the Supreme Court held that legal advice privilege does not extend to protect legal advice given by professionals who are not lawyers and that it is for Parliament, not the courts, to decide whether and how the privilege should be extended.”

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Hardwicke Chambers, 19th February 2013

Source: www.hardwicke.co.uk

Disclosures made after employment ends can be protected under whistleblowing rules says tribunal – OUT-LAW.com

Posted February 27th, 2013 in disclosure, employment tribunals, news, whistleblowers by sally

“Employees who ‘blow the whistle’ on bad behaviour by bosses can still take advantage of legal protections even after the employment relationship has ended, a tribunal has ruled.”

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OUT-LAW.com, 25th February 2013

Source: www.out-law.com

Bungs in Football – The Legal Goalposts for Clubs, Managers and Agents – 11 KBW

Posted February 27th, 2013 in bribery, corruption, news, sport by sally

“On Tuesday 19 September 2006, BBC’s Panorama made a number of allegations about corruption in football. The most serious allegations concern the alleged widespread bribery of football club directors, managers and scouts by agents seeking to place the players for whom they act.”

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11 KBW, 19th February 2013

Source: www.11kbw.com

Parents plead for 17-year-olds in custody to be treated as children – The Guardian

Posted February 27th, 2013 in detention, judicial review, news, young persons by sally

“The parents of a teenager who killed himself after being arrested have pleaded for police to treat all 17-year-olds in custody as children.”

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The Guardian, 26th February 2013

Source: www.guardian.co.uk

Without prejudice communications – 11 Stone Buildings

Posted February 27th, 2013 in admissibility, contracts, evidence, interpretation, news, without prejudice communications by sally

“When a litigator enters into settlement discussions, the general rule is that the content of those communications are protected by the Without Prejudice Rule and cannot be relied upon as evidence in court if the case doesn’t settle. This rule, however, does not constitute a blanket ban. In this note James Barnard reminds us of the Without Prejudice Rule framework, its recognised exceptions and how the Supreme Court case of Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSA 44 created another wide-ranging exception.”

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11 Stone Buildings, February 2013

Source: www.11sb.com

QC appointments slip to all time low with 84 made up – The Lawyer

Posted February 27th, 2013 in news, queen's counsel, statistics by sally

“The number of barristers being awarded Queen’s Counsel status is on a downward trajectory with just 84 taking silk in the latest round, the lowest number since the system was reviewed in 2006.”

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The Lawyer, 27th February 2013

Source: www.thelawyer.com

Al-Byati: Iraqi doctor denies tribunal claims – BBC News

Posted February 27th, 2013 in asylum, crimes against humanity, doctors, Iraq, news, torture, tribunals by sally

“An Iraqi doctor has been accused of committing crimes against humanity as part of Saddam Hussein’s regime, a medical tribunal has heard.”

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BBC News, 26th February 2013

Source: www.bbc.co.uk

Ban on barristers expressing personal opinions on cases set to end – Legal Futures

Posted February 27th, 2013 in barristers, codes of practice, news, opinions by sally

“Barristers should soon be free to give their personal opinions on cases when the rule restricting them to voicing only clients’ views is finally lifted – four years after the change was first mooted.”

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Legal Futures, 27th February 2013

Source: www.legalfutures.co.uk

My conviction is unsafe, says QC jailed for VAT fraud – Law Society’s Gazette

Posted February 27th, 2013 in appeals, fraud, news, queen's counsel, tax evasion, VAT by sally

“A London silk sentenced today to three and a half years in prison after being convicted of a £600,000 VAT fraud says he will fight to clear his name.”

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Law Society’s Gazette,

Source: www.lawgazette.co.uk