Regina (Refugee Action) v Secretary of State for the Home Department – WLR Daily

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by tracey

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin);   [2014] WLR (D)  167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

Call for QC reaccreditation as QASA challenge staggers on – Legal Futures

‘The possibility of introducing re-accreditation for QCs, meaning that silk would no longer be a permanent appointment, and a power to strip them of the rank in the event of misconduct, was floated last week.’

Full story

Legal Futures, 7th April 2014

Source: www.legalfutures.co.uk

NHS ‘bad eggs’ could be struck off under new regulation plans drawn up by the Law Commission in response to Mid-Staffs scandal – The Independent

‘NHS staff who perform poorly in their job could face being struck off, under wide-ranging plans drawn up by the Law Commission.’

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The Independent, 2nd April 2014

Source: www.independnet.co.uk

Bone marrow disorder appeal fails – UK Human Rights Blog

Posted April 2nd, 2014 in appeals, consent, duty of care, medical treatment, medicines, news, standards by sally

‘This was an appeal against the finding by HHJ Robinson, sitting as a High Court Judge, that there was no duty of care owed to the appellant in respect of his rare genetic disorder ([2013] EWHC 469 (QB), [2013] Med. L.R. 191). See my previous post for the factual and medical background of the claim. Briefly, the appellant suffered from a rare genetic version of the platelet insufficiency disorder, aplastic anemia (AA), the disorder in question being known as Dyskeratosis Congenita (“DC”).’

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UK Human Rights Blog, 1st April 2014

Source: www.ukhumanrightsblog.com

Mid-Staffs scandal: Nursing and Midwifery Council criticised – BBC News

Posted March 31st, 2014 in auditors, disciplinary procedures, midwives, news, nurses, reports, standards by sally

‘The Nursing and Midwifery Council is facing more criticism over its handling of disciplinary cases in a report by the Professional Standards Authority.’

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BBC News, 31st March 2014

Source: www.bbc.co.uk

Regina v Achogbuo – WLR Daily

‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’

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WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Poor care ‘resulted in North Yorkshire baby’s death’ – BBC News

Posted March 21st, 2014 in birth, hospitals, midwives, news, standards by sally

‘A hospital has admitted failings in medical care and poor communication resulted in a child being stillborn.’

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BBC News, 21st March 2014

Source: www.bbc.co.uk

Policeman who hit ‘snarling’ shoplifter on the head faces sack – Daily Telegraph

Posted March 12th, 2014 in assault, closed circuit television, community service, news, police, standards, theft by tracey

‘A policeman who punched a shoplifter on the head before pinning her to the   ground faces dismissal after being sentenced to a community order. Pc James Kiddie, 45, who had worked for the Metropolitan Police for 12 years,   said he hit out after the “snarling” woman bit him on the finger and claimed   that she had the Aids virus.’

Full story

Daily Telegraph, 11th March 2014

Source: www.telegraph.co.uk

The dependable witness – New Law Journal

‘Martin Burns provides five important factors to consider when instructing an expert witness (or acting as one).’

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New Law Journal, 28th February 2014

Source: www.newlawjournal.co.uk

Stafford Hospital: Hunt to decide whether to dissolve NHS Trust – BBC News

Posted February 26th, 2014 in administrators, hospitals, inquiries, news, ombudsmen, standards by tracey

‘Managers at scandal-hit Stafford Hospital are waiting to hear whether Health Secretary Jeremy Hunt will dissolve the trust that runs it. Administrators want Mr Hunt to scrap the Mid Staffordshire NHS Trust and move services to other hospitals. Local people are planning a legal challenge if that decision is taken.’

Full story

BBC News, 26th February 2014

Source: www.bbc.co.uk

Regina v Price and another – WLR Daily

Posted February 25th, 2014 in appeals, armed forces, duty of care, law reports, negligence, standards by sally

Regina v Price and another [2014] EWCA Crim 229; [2013] WLR (D) 86

‘The standard of care required to avoid the service offence of negligent performance of a duty, contrary to section 15(2) of the Armed Forces Act 2006, was to be measured against the standard to be expected of the reasonable serviceman having similar training, knowledge and experience as the accused. A subjective consideration of a defendant’s skills or weaknesses had no place in the objective judgment whether the defendant had reached the appropriate standard of care.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

Ex-soldier sues Ministry of Defence for alleged failure to tackle bullying – The Guardian

Posted February 10th, 2014 in armed forces, bullying, compensation, complaints, harassment, news, ombudsmen, standards, statistics by tracey

‘A former British private is suing the Ministry of Defence over allegations the army allowed severe bullying which led to him attempting to take his own life five times.’

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The Guardian, 8th February 2014

Source: www.guardian.co.uk

HSE guidance on working at height simplified, but underlying regulations remain unchanged, says expert – OUT-LAW.com

Posted February 3rd, 2014 in codes of practice, EC law, employment, health & safety, interpretation, news, standards by tracey

‘The Health and Safety Executive (HSE) has published new guidance on what the law requires of both employers and employees when people are working at height.’

Full story

OUT-LAW.com. 31st January 2014

Source: www.out-law.com

Launch of Child Sexual Exploitation Operating Protocol – CrimeLine

‘The Metropolitan Police Service is hosting a multi-agency launch at City Hall today, Monday 3 February, to set a benchmark for the investigation of child sexual exploitation in the capital. Designed to enhance victim care through improved referral pathways the MPS has drawn up robust processes to identify children at risk of abuse and sexual exploitation. The London Child Sexual Exploitation (CSE) Operating Protocol – which has been agreed across all 32 London boroughs – sets out the standards expected of all those agencies involved in dealing with the identification and protection of vulnerable children who are targeted for sexual abuse.’

Full story

CrimeLine, 31st February 2014

Source: www.crimeline.info

Mental Health Act detentions up 12% – BBC News

Posted January 29th, 2014 in detention, hospitals, mental health, news, quality assurance, standards, statistics by sally

‘The number of people in England being detained under the Mental Health Act has risen by 12% in the past five years, according to the NHS regulator.’

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BBC News, 28th January 2014

Source: www.bbc.co.uk

Parole system failing prisoners and close to be overwhelmed, lawyers warn – The Independent

Posted January 27th, 2014 in budgets, delay, news, oral hearings, parole, prisons, standards, Supreme Court by sally

‘England and Wales’s parole system is on the brink of a crisis that will result in reformed prisoners being detained months after they should have been released, The Independent on Sunday can reveal.’

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The Independent, 26th January 2014

Source: www.independent.co.uk

BSB publishes guidance on deliberately failing to attend court – Bar Standards Board

‘The Bar Standards Board has today published guidance on deliberately failing to attend court.’

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Bar Standards Board, 18th December 2013

Source: www.barstandardsboard.org.uk

Stafford Hospital review: Ivy Bunn death investigated – BBC News

Posted December 4th, 2013 in health & safety, hospitals, inquiries, news, professional conduct, standards by sally

‘A second criminal inquiry into the death of a patient at scandal-hit Stafford Hospital is under way.’

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BBC News, 3rd December 2013

Source: www.bbc.co.uk

Charity Commission ‘not fit for purpose’, says Margaret Hodge – The Guardian

‘Margaret Hodge has described the Charity Commission as not “fit for purpose” after a highly critical report warned that its failure to investigate fraud and abuse was undermining public faith in good causes.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

Council wins High Court battle in first test of school intervention powers – Local Government Lawyer

Posted December 2nd, 2013 in education, local government, news, standards by sally

‘A city council has won a High Court battle with a governing body in the first case to consider the application of an authority’s intervention powers under s. 60 of the School Standards and Framework Act 1998.’

Full story

Local Government Lawyer, 2nd December 2013

Source: www.localgovernmentlawyer.co.uk