Current Awareness

‘The Legal Services Board has handed out a public censure for the first time, after finding that the Law Society had governance arrangements in place that could have interfered with the Solicitors Regulation Authority (SRA).’

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Legal Futures, 31st May 2018

Source: www.legalfutures.co.uk

Not guilty, but probably dishonest – New Law Journal

Posted June 1st, 2018 in disciplinary procedures, news, solicitors, standard of proof, tribunals by sally

‘John Gould puts disciplinary procedures & the standard of proof required by the Solicitors Disciplinary Tribunal under the spotlight.’

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New Law Journal, 1st June 2018

Source: www.newlawjournal.co.uk

Judges uphold listing of field as asset of community value despite trespassing – Local Government Lawyer

Posted June 1st, 2018 in assets of community value, footpaths, local government, news, statutory interpretation by sally

‘An open space can be designated as an asset of community value even if its present use is one arising from trespass, the Court Of Appeal has said.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

“No conditions” on third-party costs orders against insurers, Court of Appeal rules – Litigation Futures

Posted June 1st, 2018 in costs, insurance, news, third parties by sally

The only limit on the court’s discretion to make third-party costs orders against insurers is that it must be exercised justly, the Court of Appeal has ruled.

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Litigation Futures, 31st May 2018

Source: www.litigationfutures.com

‘Shameless’ headlines on benefits family not defamatory – Law Society’s Gazette

Posted June 1st, 2018 in data protection, defamation, equality, malicious falsehood, media, news by sally

‘Forthright tabloid press coverage of an immigrant family’s decision to turn down an offer of a five-bedroom local authority house as too cramped for eight children was not defamatory, the presiding judge of the Media and Communications Bench ruled. However Mr Justice Warby allowed a complaint about readers’ comments to go ahead on the grounds of harassment.’

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Law Society's Gazette, 29th May 2018

Source: www.lawgazette.co.uk

UK inquiry opened into carbon capture, usage and storage – OUT-LAW.com

Posted June 1st, 2018 in climate change, environmental protection, news, pollution, select committees by sally

‘A UK parliamentary committee is to scrutinise how the government plans to reduce emissions and meet its climate change targets should the cost of using carbon capture, usage and storage (CCUS) solutions not fall.’

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OUT-LAW.com, 31st May 2018

Source: www.out-law.com

No point complaining about a barrister’s conduct to head of chambers or BSB, says judge – Legal Futures

Posted June 1st, 2018 in barristers, bias, complaints, judges, news by sally

‘Complaining about a barrister’s conduct in a written ruling is usually a better way of a judge highlighting concerns than contacting their head of chambers or regulator, the Employment Appeal Tribunal has said.’

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Legal Futures, 1st June 2018

Source: www.legalfutures.co.uk

Master takes axe to phone-hacking claimants’ partner-heavy costs budgets – Litigation Futures

Posted June 1st, 2018 in budgets, costs, interception, news, proportionality, solicitors by sally

‘The High Court has criticised a law firm’s “very heavy reliance on partner time”, and the “astonishing” amount of time junior counsel was planning to spend in preparing for trial, as it slashed by more than half many of their budgeted costs for representing two claimants in the phone hacking litigation against Mirror Group Newspapers.’

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Litigation Futures, 30th May 2018

Source: www.litigationfutures.com

Council criticised after care home banned daughter from visiting mother – Local Government Lawyer

Posted June 1st, 2018 in care homes, complaints, local government, news, ombudsmen by sally

‘A Liverpool care home should not have banned a daughter from visiting her mother without warning, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Ombudsman raps council over cuts to support given to man with special needs – Local Government Lawyer

Posted May 31st, 2018 in learning difficulties, local government, news, ombudsmen, social services by sally

‘The Local Government and Social Care Ombudsman has criticised the London Borough of Bromley after it significantly reduced the support package provided to a man with special needs.’

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Local Government Lawyer, 30th May 2018

Source: www.localgovernmentlawyer.co.uk

New broadband speed advert standards in force in the UK – OUT-LAW.com

Posted May 31st, 2018 in advertising, internet, news, telecommunications by sally

‘Broadband providers in the UK are now subject to stricter rules over the claims they can make about the speed of their services.’

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OUT-LAW.com, 30th May 2018

Source: www.out-law.com

Mother denied chance to take her case to ‘court of public opinion’ – Law Society’s Gazette

Posted May 31st, 2018 in care orders, families, family courts, injunctions, media, news by sally

‘Family Division president Sir James Munby, who has long argued for allowing the ‘glare of publicity’ in to family courts, says some cases should not be debated under the public gaze, as he denied a mother the chance to take her case to the ‘court of public opinion’.’

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Law Society's Gazette, 31st May 2018

Source: www.lawgazette.co.uk

Public Order Offences Consultation – Sentencing Council

Posted May 31st, 2018 in consultations, Crown Court, magistrates, news, public order, sentencing by sally

‘The Sentencing Council has produced this consultation paper in order to seek views from as many people as possible interested in the sentencing of Public Order Act offences.’

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Sentencing Council, 9th May 2018

Source: consult.justice.gov.uk

Claimant fails in damages claim against council for housing breaches – Local Government Lawyer

Posted May 31st, 2018 in damages, housing, human rights, local government, news by sally

‘A woman left in unsuitable housing is not entitled to damages from the London Borough of Enfield, the High Court has said.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Barristers bring flexible courts into legal aid action – Law Society’s Gazette

Posted May 31st, 2018 in barristers, courts, criminal justice, flexible working, industrial action, legal aid, news by sally

‘Criminal barristers refusing to take on new legal aid work have asked the government to abandon plans to test new operating hours for courts, as heads of chambers prepare to discuss whether or not to accept the government’s surprise offer of investment last week.’

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Law Society's Gazette, 30th May 2018

Source: www.lawgazette.co.uk

Private hire vehicle operators lose High Court battle over TfL fee changes – Local Government Lawyer

Posted May 31st, 2018 in consultations, fees, licensing, London, news, taxis, transport by sally

‘A High Court judge has rejected a legal challenge brought by private hire vehicle operators over changes introduced by Transport for London to its licensing fees structure.’

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Local Government Lawyer, 31st May 2018

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds Birmingham gang injunction – UK Human Rights Blog

Posted May 31st, 2018 in anti-social behaviour, appeals, freedom of movement, gangs, injunctions, news, standard of proof by sally

‘The Court of Appeal has upheld a ‘gang injunction’ restricting the actions and movement of 18 members of a Birmingham gang. One of the men affected, Jerome Jones, unsuccessfully challenged the injunction, arguing that the proceedings by which it was made properly required proof to the criminal standard, and that the application of the civil standard violated his right to a fair trial under Article 6 ECHR.’

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UK Human Rights Blog, 31st May 2018

Source: ukhumanrightsblog.com

BSB agrees further key elements for the future of Bar training – Bar Standards Board

Posted May 31st, 2018 in barristers, consultations, hate crime, legal education, news, pupillage by sally

‘Following its recent consultation, the Bar Standards Board (BSB) has agreed in principle how it should move forward with several further aspects of its review into the training and qualification of barristers.’

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Bar Standards Board, 30th May 2018

Source: www.barstandardsboard.org.uk

Ethan Stables sentenced over gay pride attack plot – BBC News

Posted May 31st, 2018 in detention, explosives, hospital orders, news, offensive weapons, sentencing, terrorism, threatening behaviour by sally

‘A white supremacist who planned to carry out an attack at a pub’s gay pride night has been sentenced to an indefinite hospital order.’

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BBC News, 30th May 2018

Source: www.bbc.co.uk