UK government can force encryption removal, but fears losing, experts say – The Guardian

Posted March 29th, 2017 in encryption, investigatory powers, news, terrorism by sally

‘The government already has the power to force technology firms to act as it wants over end-to-end encryption, but is avoiding using existing legislation as it would force it into a battle it would eventually lose, security experts have said.’

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The Guardian, 29th March 2017

Source: www.guardian.co.uk

Attorney general urged to review release of man who beat wife with cricket bat – The Guardian

Posted March 28th, 2017 in assault, attorney general, domestic violence, judges, news, sentencing by sally

‘The attorney general has been urged to examine the sentencing remarks of a judge who freed a man guilty of domestic abuse because he did not believe the victim was vulnerable.’

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The Guardian, 27th March 2017

Source: www.guardian.co.uk

Brian Christopher Jones: The Government’s Quandary: “Great”, or Ordinary, Repeal – UK Constitutional Law Association

Posted March 28th, 2017 in bills, constitutional reform, drafting, EC law, legislation, news, repeals, treaties by sally

‘The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance in a host of official Parliamentary and drafting documents that would curtail overtly political statutory language, and especially in the presentational aspects of bills and statutes, such as short titles. When it came down to it, if a minister desired a particular title for their Bill, they could strong-arm drafters into getting their way—although, there could be pushback from House Authorities, such as the Speaker. The most recent version of Erskine May (2011) notes that short titles must “describe the bill in a straightforwardly factual manner. An argumentative title or slogan is not permitted” (p 526). In reality, however, ministers “may for presentational reasons have strong views about the short title and the structure of the bill”, and attempt to assert their authority (Cabinet Office Guide to Making Legislation, 9.71). Indeed, it is this unique convergence of law and policy that makes the process of drafting so interesting.’

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UK Constitutional Law Association, 28th March 2017

Source: www.ukconstitutionallaw.org

Changes to insurance industry reducing work for their lawyers, research claims – Litigation Futures

Posted March 28th, 2017 in insurance, law firms, news, reports by sally

‘Virtually all law firms serving the insurance industry have lost business in recent years amid “a high level of disruption driven by major changes in the underwriting businesses they support”, new research has found.’

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Litigation Futures, 27th March 2017

Source: www.litigationfutures.com

Law Society launches mental capacity accreditation for Court of Protection – Local Government Lawyer

‘The Law Society has launched a new mental capacity accreditation for legal representatives serving the Court of Protection.’

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Local Government Lawyer, 27th March 2017

Source: www.localgovernmentlawyer.co.uk

Prisons watchdog condemns lack of action on rising female suicides – The Guardian

Posted March 28th, 2017 in mental health, news, prisons, suicide, women by sally

‘The prisons and probation ombudsman has hit out at a “lack of concerted and sustained action” following a rise in the number of suicides among female prisoners.’

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The Guardian, 28th March 2017

Source: www.guardian.co.uk

McKenzie Friend Marketplace to ban “active” students from giving legal advice in wake of criticism – Legal Futures

‘The McKenzie Friend Marketplace (MFM), which hopes to help hundreds of law students find paid work offering legal services, has responded to criticism from practitioners by announcing that it will ban active students from providing legal advice – although they will be able to give clients other types of support.’

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Legal Futures, 28th March 2017

Source: www.legalfutures.co.uk

Supreme Court backs regulator in investment bank management identification case – OUT-LAW.com

Posted March 28th, 2017 in appeals, banking, financial regulation, fines, news, notification by sally

‘The Financial Conduct Authority (FCA) did not improperly identify a manager at an investment bank in its final notice imposing a fine on that bank for losses incurred in a particular part of the business, the Supreme Court has ruled.’

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OUT-LAW.com, 27th March 2017

Source: www.out-law.com

Floating rights – Nearly Legal

Posted March 28th, 2017 in appeals, canals, disabled persons, housing, human rights, news by sally

‘This was an appeal against an order that Canal and River Trust could remove Mr Jones boat from a canal near Bradford on Avon, under its powers under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971. Mr J had advanced a defence of breach of article 8 European Convention on Human Rights.’

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Nearly Legal, 26th March 2017

Source: www.nearlylegal.co.uk

Marine A to be resentenced over fatal shooting of Taliban fighter – Daily Telegraph

‘Royal Marine who is in prison for the fatal shooting of a Taliban fighter in Afghanistan finds out today if he is to be freed or must serve more time behind bars.’

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Daily Telegraph, 28th March 2017

Source: www.telegraph.co.uk

Watchdog finds £3bn in child support arrears may never be collected – The Guardian

‘At least £3bn in child maintenance payments ordered by the former Child Support Agency (CSA) may never be paid, the Whitehall spending watchdog has said.’

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The Guardian, 28th March 2017

Source: www.guardian.co.uk

Tesco fined £129m for overstating profits – BBC News

‘Tesco has agreed to pay a fine of £129m to avoid prosecution for overstating its profits in 2014.’

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BBC News, 28th March 2017

Source: www.bbc.co.uk

Snooping by police to be monitored by independent authority – The Guardian

‘A new independent surveillance procedure to prevent police officers granting themselves permission to access personal emails and records of web-browsing history is being established by the government.’

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The Guardian, 28th March 2017

Source: www.guardian.co.uk

£1,200 cost for unfair dismissal claims is challenged in UK’s highest court – The Guardian

‘Steep rises in fees for bringing unfair dismissal claims at employment tribunals – which have led to a 70% fall in the number of cases – are to be challenged at the UK’s highest court.’

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The Guardian, 27th march 2017

Source: www.guardian.co.uk

Former Adams family gang boss loses cash case appeal – BBC News

Posted March 27th, 2017 in appeals, certificates of inadequacy, confiscation, disclosure, gangs, London, news by sally

‘Former gangster Terry Adams has lost his appeal over how much he must repay from his days of crime.’

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BBC News, 27th March 2017

Source: www.bbc.co.uk

Bar Council issues warning over plan for extended court sittings – Litigation Futures

Posted March 27th, 2017 in barristers, children, courts, diversity, news, pilot schemes, women by sally

‘Forthcoming plans for courts to start earlier and finish later will disadvantage barristers with children and do not take account of the cab-rank rule, the Bar Council has warned.’

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Litigation Futures, 24th March 2017

Source: www.litigationfutures.com

Court of Appeal ruling prompts renewed no-fault divorce plea – Law Society’s Gazette

Posted March 27th, 2017 in appeals, divorce, families, legislation, news by sally

‘The Court of Appeal has acknowledged that a wife who today lost her appeal to overturn the Central Family Court’s refusal to grant her a divorce will be left in a “very unhappy situation”, prompting renewed calls for “outdated” divorce law to be reformed.’

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Law Society’s Gazette, 24th March 2017

Source: www.lawgazette.co.uk

Ilott – Upholding Testamentary Freedom – Family Law Week

‘Mark Jones, barrister, Three Dr Johnson’s Buildings, examines the judgment in the first Inheritance Act appeal to be heard by the Supreme Court and its implications for future claims.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Maintenance, Needs and Fairness – Family Law Week

Posted March 27th, 2017 in divorce, financial provision, legislation, news, periodical payments, Scotland by sally

‘Amy Scollan, Associate, Hunters Solicitors considers the issue of “fairness” in relation to maintenance and variations of maintenance.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

WhatsApp must be accessible to authorities, says Amber Rudd – The Guardian

‘Amber Rudd has called for the police and intelligence agencies to be given access to WhatsApp and other encrypted messaging services to thwart future terror attacks, prompting opposition politicians and civil liberties groups to say her demand was unrealistic and disproportionate.’

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The Guardian, 26th March 2017

Source: www.guardian.co.uk