Bar Council issues warning over Garrick Club membership – Legal Futures

Posted March 28th, 2024 in barristers, clubs, diversity, equality, judiciary, news by tracey

‘The Bar Council said yesterday that membership of the men-only Garrick Club creates “the potential for unfair advantage” when it came to practitioners needing references to become judges.’

Full Story

Legal Futures, 28th March 2024

Source: www.legalfutures.co.uk

At the heart of the Bar Council is a “commitment to fairness, equality and diversity” says Chair Sam Townend KC – The Bar Council

Posted March 28th, 2024 in barristers, clubs, diversity, equality, judiciary, news, women by tracey

‘In response to the media reports about membership of the Garrick Club, the Bar Council has issued the following statement:
Chair of the Bar Council, Sam Townend KC, said: “At the heart of the Bar Council’s work, as the representative body for all barristers in England and Wales, is a commitment to fairness, equality and diversity. We are proud of the work that the Bar Council does in striving to achieve an inclusive and meritocratic legal profession.”‘

Full Story

The Bar Council, 27th March 2024

Source: www.barcouncil.org.uk

Law firm £1.3m negligence saga “does not reflect well on profession” – Legal Futures

Posted March 28th, 2024 in law firms, negligence, news, trusts by tracey

‘A City law firm has failed to strike out a £1.3m negligence claim arising from a discretionary trust it set up for a man described by a High Court judge as “serially let down” by the profession.’

Full Story

Legal Futures, 28th March 2024

Source: www.legalfutures.co.uk

Firm avoids wasted costs order despite ‘reprehensible’ mistakes – Law Society’s Gazette

Posted March 28th, 2024 in case management, delay, law firms, news, personal injuries, wasted costs orders by tracey

‘The High Court has rejected a client’s bid for a wasted costs order against his former solicitors – despite being heavily critical of repeated failings in running the case.’

Full Story

Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk

Former traders Tom Hayes and Carlo Palombo’s convictions upheld by Court of Appeal – Law Society’s Gazette

Posted March 28th, 2024 in appeals, banking, conspiracy, fraud, interest, news by tracey

‘Two former traders jailed over the manipulation of key benchmark interest rates today had their convictions upheld by the Court of Appeal.’

Full Story

Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk

Former British Museum curator ordered to return ‘stolen items’ – The Independent

Posted March 28th, 2024 in abuse of position of trust, artistic works, dismissal, news, theft by tracey

‘A former British Museum curator who allegedly stole and damaged artefacts has been ordered by the High Court to return any he may have.’

Full Story

The Independent, 27th March 2024

Source: www.independent.co.uk

Julian Assange faces further wait over extradition ruling – BBC News

Posted March 28th, 2024 in appeals, death penalty, extradition, freedom of expression, news by tracey

‘The US must assure Julian Assange has freedom of speech protections and will not receive the death penalty before he is extradited, judges have ruled. The UK High Court said the Wikileaks founder could be allowed to launch a new appeal against being sent to the US without those commitments.’

Full Story

BBC News, 27th March 2024

Source: www.bbc.co.uk

Nottinghamshire bakery fined over ‘severe’ mouse infestation – BBC News

Posted March 28th, 2024 in fines, food hygiene, news by tracey

‘A bakery firm has been fined after a council found it “infested with mice”.’

Full Story

BBC News, 28th March 2024

Source: www.bbc.co.uk

Prisoner held indefinitely refused parole after making landmark public bid for freedom – The Independent

Posted March 28th, 2024 in dangerous offenders, imprisonment, news, parole, private hearings by tracey

‘A parole board has refused to release a prisoner trapped under an abolished indefinite jail term described as “torture”. Earlier this month Nicholas Bidar became the first IPP prisoner to have his parole bid held in public after new laws came into force to increase transparency around parole decisions.’

Full Story

The Independent, 27th March 2024

Source: www.independent.co.uk

Gary Glitter victim seeking six-figure sum after suing him for impacts of child abuse – The Independent

Posted March 28th, 2024 in child abuse, compensation, news, psychiatric damage by tracey

‘A victim of Gary Glitter is seeking around half a million pounds in her compensation claim against the paedophile former pop star over the psychiatric damage she suffered as a result of his abuse.’

Full Story

The Independent, 27th March 2024

Source: www.independent.co.uk

Barred from Europe: 2.4m Brits caught in post-Brexit passport chaos – The Independent

Posted March 28th, 2024 in brexit, EC law, immigration, news, passports by tracey

‘Millions of Britons are barred from entering the EU by post-Brexit passport rules that are set to cause chaos over the Easter holidays. With the getaway starting in earnest on Thursday, an estimated 2.4 million travellers have documents that can’t be used for trips to the EU because of the change in expiry requirements.’

Full Story

The Independent, 28th March 2024

Source: www.independent.co.uk

Owners of Crooked House pub appeal against order to rebuild – The Guardian

Posted March 28th, 2024 in appeals, arson, enforcement notices, fire, news by tracey

‘The owners of the Crooked House pub in Himley have appealed against an order to rebuild the 18th-century building, which was demolished days after a fire last year.’

Full Story

The Guardian, 27th March 2024

Source: www.theguardian.com

Ex-Boris Johnson ethics adviser Lord Geidt found to have broken Lords rules – The Guardian

Posted March 28th, 2024 in complaints, conflict of interest, news, parliament, standards by tracey

‘A crossbench peer and former ethics adviser to Boris Johnson has been found to have broken House of Lords rules by joining a meeting with Ministry of Defence officials on behalf of a US satellite company that was paying him.’

Full Story

The Guardian, 27th March 2024

Source: www.theguardian.com

Clear as mud: Proprietary Estoppel after Guest v Guest – Trusts & Trustees

Posted March 27th, 2024 in appeals, equity, estoppel, news, Supreme Court by sally

‘The dust should now have settled since the Supreme Court’s landmark decision in Guest v Guest (2022). However, in exploring recent case law, this article exposes that the rules applied to decide proprietary estoppel cases remain as uncertain as ever. Some commonality can be identified, but only in the persistent favouring of promisors over promisees. This article criticises the practical and theoretical underpinnings of proprietary estoppel and proposes further reform. In particular, the article draws new links from the doctrine of secret trusts to suggest a more just and certain basis for proprietary estoppel’s future application.’

Full Story

Trusts & Trustess, 19th March 2024

Source: academic.oup.com

The Resurgence of Standing in Judicial Review – Oxford Journal of Legal Studies

Posted March 27th, 2024 in judicial review, news by sally

‘It is now commonplace for courts to remark that standing to seek judicial review is ‘context-sensitive’. The questions of how the courts adapt standing to context, and whether they do so appropriately, have, however, received remarkably little scholarly and judicial attention. This is perhaps because, until recently, there has been relatively little in the case law to spark scholarly interest. Standing, however, is in the midst of a resurgence. This article makes use of a distinction between three types of judicial review case—challenges to (i) favourable targeted, (ii) unfavourable targeted and (iii) non-targeted decisions—as a mode through which to explore the growing body of standing case law. In doing so, it both seeks to further understanding of how courts determine what constitutes a ‘sufficient interest’ and to highlight areas of the law in need of clarification or reconsideration.’

Full Story

Oxford Journal of Legal Studies, 14th March 2024

Source: academic.oup.com

Finley Boden: Parents killed baby when he should have been most protected, report says – BBC News

‘Safeguarding practices in the case of 10-month-old Finley Boden who was murdered by his parents were inadequate, a review has found.’

Full Story

BBC News, 27th March 2024

Source: www.bbc.co.uk

Assignments and transfers by operation of law: an important distinction clarified in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 – 29 Essex Chambers

Posted March 27th, 2024 in appeals, arbitration, assignment, chambers articles, damages, news by sally

‘In this case the Court of Appeal considered when a non-assignment clause would be effective to stop the transfer of a cause of action to an indemnifying insurer.’

Full Story

39 Essex Chambers, 7th February 2024

Source: www.39essex.com

Blockchain as a database—proposal for a new test for the criterion of ‘independence’ in the legal definition of a database for the purposes of copyright and the sui generis right – Journal of Intellectual Property Law & Practice

Posted March 27th, 2024 in computer programs, copyright, intellectual property, news by sally

‘Technology’s exponential growth often outpaces that of the law. The persistence of outdated legal concepts that were not drafted with new technology in mind leads to legal uncertainty. This article focuses on one example of such a friction between old law and new technology, namely the eligibility of blockchain as a “database” for protection under the EU Database Directive, as implemented into UK copyright law. The most problematic requirement for blockchain as a candidate is that the material inside the database be “independent”. This can pose a significant hurdle for blockchain to succeed as the immutability of blockchain is ensured by the “linked-list” structure in between the blocks and the combinational hashing of data within the individual block. This article examines this issue and proposes a solution to this quandary: to divide the data recorded on a blockchain into “content” and “structure”, and confine the criterion of “independence” to the former. In reaching this solution, the author examines previous literature on the different types of data that can be found in databases, as well as how the concept of “independence” is understood by judges and academics. This article will be of practical significance for developers of non-open source blockchain applications who wish to protect their products as a database.’

Full Story

Journal of Intellectual Property Law & Practice, 22nd March 2024

Source: academic.oup.com

Anti-trafficking Chains: Analyzing the Impact of Transparency Legislation in the UK Construction Sector – Law & Social Inquiry

‘A recurring conundrum lies at the heart of current anti-trafficking law and policy. Despite enormous efforts by civil society organizations, corporations, and governments to reduce human trafficking in supply chains, and the introduction of legislation in various countries that requires corporations to take active actions in this field, there is wide agreement that, so far, the desired change has not occurred. This article addresses this puzzle through studying the vibrant anti-trafficking activity in the UK construction sector that emerged following the enactment of the UK Modern Slavery Act 2015 (MSA). Applying socio-legal methods, the article unpacks the structural dynamics that shape the implementation of the MSA in the construction sector. We find that the Act exacerbates the imbalanced power relations between firms and anti-trafficking initiatives, positioning the latter as suppliers of modern slavery risk solutions that are dependent on corporate will and funding. The article demonstrates that anti-trafficking initiatives in the construction sector largely follow a “supply chain logic” that significantly limits their capacities to transform corporate behavior. We develop the notion of “anti-trafficking chains” to describe the dynamics of anti-trafficking activities in supply chains and to problematize the entanglement of anti-trafficking actors in supply chain power structure and logic.’

Full Story

Law & Social Inquiry, 14th February 2024

Source: www.cambridge.org

Claimant fails in judicial review over SEND Review consultation and information on available remedies for tribunal in disability discrimination cases – Local Government Lawyer

‘The High Court has rejected a judicial review challenge brought on behalf of a 12-year-old boy with special educational needs to one of the 22 consultation questions contained in the SEND Review, the Government’s consultation Green Paper.’

Full Story

Local Government Lawyer, 26th March 2024

Source: www.localgovernmentlawyer.co.uk