Category: news
Best Interest decision-making in the Court of Protection – No. 5 Chambers
“Decision making in the Court of Protection on behalf of persons who lacks capacity is a familiar role for the court. The High Court has exercised its parens patriae jurisdiction in order to take decisions on behalf of vulnerable individuals for over 700 years. This jurisdiction was originally part of the Royal Prerogative, deriving from power and duty, based upon the Monarch’s conscience, to intervene in order to protect the best interests of his subjects in circumstances where those individuals could not make decisions for themselves.”
Full story (PDF)
No. 5 Chambers, 1st March 2012
Source: www.no5.com
Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers
“Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out on numerous heads of damage. Further cases have followed after the issue of indexation was decided. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.”
Full story (PDF)
Byrom Street Chambers, 23rd February 2012
Source: www.byromstreet.com
Pursue masked protesters more vigorously, CPS says – The Guardian
“People who mask their faces to conceal their identity or carry anything that could be used as a weapon during protests should be pursued more vigorously by the law in the event of disorder, according to fresh guidance from the Crown Prosecution Service.”
The Guardian, 6th March 2012
Source: www.guardian.co.uk
New report published on age and employment – Cloisters
“A new thematic report from the European Network of Legal Experts in the non-discrimination field, titled ‘Age and Employment’ is now available.”
Cloisters, 22nd February 2012
Source: www.cloisters.com
How video hearings are speeding up court cases – Ministry of Justice
“Video hearings are being extended in a number of courts across the country as part of an initiative involving police and courts staff working together. Assistant Chief Constable Ruth Purdie from Cheshire Police explains the benefits of these new ‘virtual courts’ for the justice system.”
Ministry of Justice, 27th February 2012
Source: www.justice.gov.uk
Legal aid bill defeated in Lords – The Guardian
“Government attempts to save £350m by limiting the availability of legal aid have suffered a succession of defeats in the House of Lords.”
The Guardian, 5th March 2012
Source: www.guardian.co.uk
Article 1 of Protocol 1 of the European Convention on Human Rights: Taxation – 11 KBW
“Article 1 of Protocol 1 (A1P1) of the European Convention on Human Rights (‘the Convention’) states that:
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”
Full story (PDF)
11 KBW, 2nd March 2012
Source: www.11kbw.com
Allocation, offences taken into consideration and totality definitive guideline – Sentencing Council
“Following a 12 week consultation the Sentencing Council is publishing its new definitive guideline on allocation, offences taken into consideration and totality, which has been issued in accordance with section 120 (4) of the Coroners and Justice Act 2009.”
Sentencing Council, 6th March 2012
How to avoid cross examinations – The Guardian
“Alex Aldridge offers some tips for law students sitting their oral and written exams.”
The Guardian, 5th March 2012
Source: www.guardian.co.uk
Policing and Justice Conference 2012 – Ministry of Justice
“Crispin Blunt speaks at the Policing and Justice Conference 2012.”
Ministry of Justice, 22nd March 2012
Source: www.justice.gov.uk
UK bill of rights commission should open up – The Guardian
“Things have been quiet recently on the commission on a bill of rights front, with media attention focused on the upcoming Brighton conference on European court of human rights reform and the growing controversy over the justice and security green paper. But this important commission only has 10 months left to publish its report, and it should be courting public attention, not avoiding it.”
The Guardian, 5th March 2012
Source: www.guardian.co.uk
Dolan v Corby: Opening the Door to Confusion in the Test for Occupation Orders? – Family Law Week
“Eleanor Fletcher and Juliet Chapman, barristers, of Lamb Building explore how far the Court of Appeal’s latest guidance for granting exclusionary occupation orders is consistent with its previous dicta.”
Family Law Week, 5th March 2012
Source: www.familylawweek.co.uk
National roll-out of ‘Clare’s Law’ disclosure scheme delayed – The Guardian
“The home secretary, Theresa May, has delayed the national roll-out of ‘Clare’s Law’, a scheme under which people would be able to ask the police if their partners have a history of domestic violence.”
The Guardian, 5th March 2012
Source: www.guardian.co.uk
Can UK courts pass judgment on due process in other Convention countries? – UK Human Rights Blog
“The Court of Appeal has ruled that domestic courts may refuse to recognise a judgment of another Convention country on the basis that it failed to respect the fair trial principles in Article 6.”
UK Human Rights Blog, 5th March 2012
Source: www.ukhumanrightsblog.com
Sex offenders can be removed from register – The Independent
“Paedophiles and rapists will be eligible to have their names removed from the sex offenders’ register after 15 years under plans announced yesterday by the Home Office.”
The Independent, 6th March 2012
Source: www.independent.co.uk
Another step forward for libel reform – The Guardian
“With the Leveson inquiry into media ethics and practices attracting so much attention, it was easy to overlook another contribution to the debate about media law last week: the government’s response to the draft defamation bill.”
The Guardian, 5th March 2012
Source: www.guardian.co.uk
Treatment of elderly amounts to torture, says equality watchdog – Daily Telegraph
“The treatment of elderly people in care is now so bad that it meets the legal definition of torture, the Government’s human rights watchdog said on Monday.”
Daily Telegraph, 5th March 2012
Source: www.telegraph.co.uk
