Defendant contests Part 36 offer accepted on the day claimant died – Law Society’s Gazette

Posted April 22nd, 2021 in delay, news, part 36 offers, personal injuries by sally

‘A High Court judge has suggested it would be “unjust” for a defendant to be held to a six-year-old Part 36 offer accepted hours before the claimant died.’

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Law Society's Gazette, 21st April 2021

Source: www.lawgazette.co.uk

Tim Sayer: Preserving Judicial Oversight: An Appeal to Self-Interest – UK Constitutional Law Association

‘Boris Johnson’s government takes the view that ours is a time of judicial overreach, necessitating redress in terms of the balance of judicial and executive power. This seems to have been driven by a number of high-profile cases, certain vocal thinktanks which appear to have the ear of government, and a wider constitutional prospectus of enhancing executive power to the detriment of the other branches of state. An endless series of projects and proposals have emerged, designed to remedy the perception of an overmighty judiciary. The Independent Review of Administrative Law, established with a view to curbing the perceived excesses of judicial review, reported recently in relatively tame terms, only to be swiftly followed by a further set of proposals. The Independent Human Rights Act Review potentially paves the way for satiation of long-held Conservative fantasies of amending the Human Rights Act. There are also, if leaks are to be believed, proposals to reform the UK Supreme Court.’

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UK Constitutional Law Association, 21st April 2021

Source: ukconstitutionallaw.org

George Floyd case reignites calls to tackle racial injustice in UK policing – The Guardian

Posted April 22nd, 2021 in minorities, news, police, race discrimination, racism by sally

‘The conviction of a US police officer for murdering George Floyd has reignited calls to tackle racial injustice in British law enforcement, with campaigners calling for an end to a “culture of impunity”.’

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The Guardian, 21st April 2021

Source: www.theguardian.com

Post Office scandal: What the Horizon saga is all about – BBC News

‘A group of former sub-postmasters and sub-postmistresses, who say they were victims of a massive miscarriage of justice, are awaiting a ruling by the Court of Appeal.’

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BBC News, 22nd April 2021

Source: www.bbc.co.uk

UK company law change could make section 172 fit for purpose – OUT-LAW.com

‘A relatively small change to section 172 of the UK’s Companies Act 2006 could have a transformative impact on company law, directors’ duties, corporate governance, businesses and, ultimately, the economy, society, and the environment.’

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OUT-LAW.com, 20th April 2021

Source: www.pinsentmasons.com

Clinical Negligence Cases: When the Bolam Test Does Not Apply – Ropewalk Clinical Negligence Blog

Posted April 21st, 2021 in chambers articles, doctors, medical treatment, negligence, news by tracey

‘The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582. In Bolam, the Claimant sustained fractures of the acetabula during a course of electro-convulsive therapy administered to him at the Defendant’s mental hospital. In considering whether the Defendant was negligent in the manner in which it carried out the treatment, McNair J confirmed that: “the true test of establishing negligence in diagnosis or treatment on the part of a doctor was whether … he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art” (p.587). As case law has developed, so have the principles underpinning the issue of breach of duty in medical negligence cases. This has led to a recognition that the Bolam test is not appropriate to apply in every case.’

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Ropewalk Clinical Negligence Blog, 20th April 2021

Source: www.ropewalk.co.uk

Parliament’s power needs to be restored after its ‘shocking’ marginalisation by government – UCL Constitution Unit

‘The Constitution Unit has jointly written a briefing to all MPs – summarised in a letter in the Times published on 21 April 2021 – with the Hansard Society, Public Law Project and Bingham Centre for the Rule of Law warning that parliamentary accountability and control over decisions have diminished to a degree that would have been unthinkable before COVID-19. Individual MPs have also been shut out of participation, and the vast majority of Commons votes are now held by party whips.’

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UCL Constitution Unit, 21st April 2021

Source: www.ucl.ac.uk

Trainee’s lockdown-induced error leads to claim’s failure – Litigation Futures

Posted April 21st, 2021 in civil procedure rules, claims management, news, service, solicitors, time limits by tracey

‘There was nothing in the CPR that could make good a mistake by a trainee solicitor in not serving a claim form in time, even though it was down to the disruption of Covid, the High Court has ruled.’

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Litigation Futures, 21st April 2021

Source: www.litigationfutures.com

Judge rejects recusal application after barristers withdraw – Legal Futures

Posted April 21st, 2021 in barristers, bias, case management, complaints, judges, news, recusal by tracey

‘A judge has rejected a recusal application on the grounds of apparent bias made after two barristers withdrew at the last minute from a hearing and complained about his conduct of the case.’

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Legal Futures, 21st April 2021

Source: www.legalfutures.co.uk

Mayson hits out at report on impact of Legal Services Act – Legal Futures

Posted April 21st, 2021 in legal services, Legal Services Board, news, ombudsmen by tracey

‘Professor Stephen Mayson has hit back at a report by the Boston Consulting Group questioning the impact of the Legal Services Act 2007.’

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Legal futures, 21st April 2021

Source: www.legalfutures.co.uk

Accountant given 11 years’ imprisonment for £1.3 million fraud – Crown Prosecution Service

Posted April 21st, 2021 in accountants, Crown Prosecution Service, fraud, imprisonment, news, sentencing, theft by tracey

‘An accountant who defrauded the NHS, companies, and individuals out of more than £1.3 million has been jailed recently (15 April 2021) for multiple counts of fraud and theft.’

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Crown Prosecution Service, 19th April 2021

Source: www.cps.gov.uk

Women’s History Month: Justice Zainab Jawara Alami shares her experiences as a female judge – Courts and Tribunals Judiciary

Posted April 21st, 2021 in diversity, equality, judges, legal profession, news, women by tracey

‘Women’s History Month: Justice Zainab Jawara Alami shares her experiences as a female judge.’

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Courts and Tribunals Judiciary, 20th April 2021

Source: www.judiciary.uk

Brexit will ‘renew vigour’ in common law heritage, says Supreme Court judge – Law Society’s Gazette

Posted April 21st, 2021 in brexit, foreign jurisdictions, judges, news by tracey

‘Brexit could bolster the UK’s relationship with common law jurisdictions such as New Zealand and Canada as the legal system diverges from that of Europe, a Supreme Court justice has said.’

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Law Society's Gazette, 20th April 2021

Source: www.lawgazette.co.uk

Freshfields report into bank rape allegations not covered by privilege – Law Society’s Gazette

‘A report prepared by magic circle firm Freshfields into the alleged rape of a bank employee was not covered by legal privilege, according to an employment tribunal ruling that has now been made public.’

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Law Society's Gazette, 21st April 2021

Source: www.lawgazette.co.uk

Social media sites warned over risky investment offers – The Guardian

‘The City regulator has warned social media sites that it may take action if they continue to promote risky and sometimes fraudulent investments to often inexperienced consumers.’

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The Guardian, 20th April 2021

Source: www.theguardian.com

Police ‘decided not to investigate’ more crimes during coronavirus pandemic, watchdog says – The Independent

Posted April 21st, 2021 in coronavirus, criminal justice, news, ombudsmen, police, statistics, victims by tracey

‘Police in some areas of Britain have “increased the number of crimes they decided not to investigate” during the coronavirus pandemic, a watchdog has revealed.’

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The Independent, 20th April 2021

Source: www.independent.co.uk

Sapphire House: ‘Anger’ over report into neglect death care home – BBC News

‘The mother of a man who died after suffering neglect said she felt “extreme distress and anger” at a critical new report into his care home.’

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BBC News, 21st April 2021

Source: www.bbc.co.uk

‘No meaningful parliamentary debate or scrutiny’ of Covid laws, says former government legal chief – The Independent

‘The British government’s former top lawyer has called for urgent changes to the way coronavirus laws are made after a year without any “meaningful parliamentary debate or scrutiny”.’

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The Independent, 20th April 2021

Source: www.independent.co.uk

TikTok sued for billions over use of children’s data – BBC News

Posted April 21st, 2021 in children, class actions, compensation, damages, data protection, internet, news, privacy by tracey

‘TikTok is facing a legal challenge from former children’s commissioner for England Anne Longfield over how it collects and uses children’s data.’

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BBC News, 21st April 2021

Source: www.bbc.co.uk

Legal Services Act has delivered “limited benefits to competition” – Legal Futures

Posted April 20th, 2021 in competition, legal services, news, reports by sally

‘The Legal Services Act 2007 has only delivered “a few of the benefits typically associated with deregulation”, a report by Boston Consulting Group (BCG) has concluded.’

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Legal Futures, 20th April 2021

Source: www.legalfutures.co.uk