Category: news

Courts bill: ‘viewing booths’ to preserve open justice – Law Society’s Gazette

Posted February 23rd, 2017 in bills, consultations, courts, criminal justice, criminal procedure, internet, news by sally

‘Interested members of the public will be able to view ‘virtual’ court hearings from purpose-built booths in court buildings, the Prisons and Courts Bill states. The proposal is an attempt to counter threats to open justice by a courts system increasingly operating digitally. Court listings and case results will also be published online, a factsheet published by the Ministry of Justice says.’

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Law Society’s Gazette, 23rd February 2017

Source: www.lawgazette.co.uk

Helen Bailey murder verdict: Fiance guilty of killing children’s author – The Independent

Posted February 23rd, 2017 in domestic violence, drug abuse, murder, news, perverting the course of justice by sally

‘The partner of bestselling children’s author Helen Bailey has been convicted of drugging and killing her in a long-planned plot to get hold of her £3.3 million estate.’

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The Independent, 22nd February 2017

Source: www.independent.co.uk

Whistleblowers endangered in digital age, says lawyers’ report – The Guardian

Posted February 23rd, 2017 in freedom of expression, intelligence services, interception, internet, media, news, reports, telecommunications, whistleblowers by sally

‘Whistleblowers need better legal protection because they are far easier to identify in the digital era and successive laws have undermined their status, according to a report by media lawyers.’

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The Guardian, 22nd February 2017

Source: www.guardian.co.uk

Government presses ahead with whiplash reforms – but gives ground on other PI claims – Legal Futures

Posted February 23rd, 2017 in accidents, bills, compensation, consultations, courts, criminal justice, news, personal injuries, small claims by sally

‘The small claims limit will rise to £5,000 for whiplash cases, but only £2,000 for other personal injury (PI) claims, the Ministry of Justice (MoJ) announced today in a bid “to crack down on the compensation culture epidemic” – less than seven weeks after its consultation closed.’

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Legal Futures, 23rd February 2017

Source: www.legalfutures.co.uk

Prisons shakeup to give governors more control over rehabilitation – The Guardian

Posted February 23rd, 2017 in bills, courts, internet, news, prisons, rehabilitation by sally

‘Prison governors are to be held to account for getting offenders off drugs, into jobs and learning English and maths under new powers to be detailed in the justice secretary’s flagship legislation to tackle the prison crisis.’

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The Guardian, 23rd February 2017

Source: www.guardian.co.uk

First case dropped since forensic science blunders as CPS says it cannot proceed against drug driver following intervention from ‘Mr Loophole’ – Daily Telegraph

Posted February 23rd, 2017 in Crown Prosecution Service, drug offences, evidence, forensic science, news by sally

‘The first case linked to allegations of a forensic science blunder has been dropped after the CPS said it cannot proceed against a drug driver.’

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Daily Telegraph, 22nd February 2017

Source: www.telegraph.co.uk

Motorist with 62 penalty points legally allowed to drive – BBC News

Posted February 23rd, 2017 in disqualification, driving licences, news, recidivists, road traffic offences by sally

‘A driver who clocked up 62 points on his licence is still allowed to drive, the BBC has learned.’

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BBC News, 23rd February 2017

Source: www.bbc.co.uk

Legal aid shakeup hands lifeline to domestic violence victims – The Guardian

Posted February 23rd, 2017 in domestic violence, legal aid, legal representation, news, prosecutions, time limits, victims by sally

‘Time limits preventing vulnerable victims of domestic violence from obtaining legal aid for court hearings are to be scrapped, the Ministry of Justice (MoJ) will announce.’

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The Guardian, 23rd February 2017

Source: www.guardian.co.uk

Why pass FOI laws? The politics of freedom of information – The Constitution Unit

Posted February 22nd, 2017 in foreign jurisdictions, freedom of information, legislation, news by sally

‘Why are there now more than 100 freedom of information laws around the world, even though they help opponents and hinder governments? In a new book, published this month by Manchester University Press, Ben Worthy investigates. He concludes that the main reason is that as a symbolic pledge in opposition FOI laws are hard to resist. Once in power these promises are hard to back down from, though experience suggests that proposed laws are often watered down before being enacted. These findings are summarised here.’

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The Constitution Unit, 16th February 2017

Source: www.constitution-unit.com

Roadside Trees – Local Government Law

Posted February 22nd, 2017 in accidents, local government, negligence, news, trees by sally

‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’

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Local Government Law, 21st February 2017

Source: www.11kbw.com/blogs/local-government-law

Miller and the modern British Constitution – Counsel

Posted February 22nd, 2017 in constitutional law, devolution issues, EC law, judgments, legislation, news, parliament, prerogative powers, Supreme Court, treaties by sally

‘Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

Lessons in understanding: Unfairness and Estoppel by Convention in the Upper Tribunal – Hardwicke Chambers

Posted February 22nd, 2017 in estoppel, leases, news, service charges, tribunals by sally

‘Towards the end of last year, the Upper Tribunal (“UT”) handed down decisions in two cases involving estoppel by convention:

Admiralty Park Management Ltd v Ojo [2016] UKUT 0421 (LC) 8 September 2016 (“Ojo”); and

Bucklitsch and anor v Merchant Exchange Management Company Limited [2016] UKUT 0527 (LC) 13 December 2016 (“Bucklitsch”).’

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Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

Rise of third party funding: a growing international consensus – Hardwicke Chambers

Posted February 22nd, 2017 in arbitration, costs, foreign jurisdictions, international law, news, third parties by sally

‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’

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Hardwicke Chambers, 25th January 2017

Source: www.hardwicke.co.uk

Cloisters column part two – ‘Premature Labelling? A child-centred approach to questions of gender identity’ – Cloisters

Posted February 22nd, 2017 in care orders, children, family courts, gender, news, social services, transgender persons by sally

‘This is part two of a two-part series on trans rights from leading equality and human rights barrister Claire McCann at Cloisters. Part one explores toilets and gender identity.’

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Cloisters, 14th February 2017

Source: www.cloisters.com

Family Court proceedings: gender reassignment and ultra-orthodox Judaism – Cloisters

Posted February 22nd, 2017 in contact orders, equality, family courts, human rights, Judaism, news, transgender persons by sally

‘Claire McCann, an expert on trans equality, analyses the competing arguments in the Family Court’s recent assessment of the children’s “best interests” in the unusual context of a transgender parent and the Charedi Jewish community in North Manchester.’

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Cloisters, 1st February 2017

Source: www.cloisters.com

Maximising mini-pupillage – Counsel

Posted February 22nd, 2017 in barristers, diversity, legal profession, news, pupillage by sally

‘No contacts, no mini-pupillage? Dr Elaine Freer examines the state of work experience at the Bar in light of recent guidance for chambers and her own research on socio-economically disadvantaged aspirant entrants.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

Formula Milk and Human Rights: Council That Removed Baby Pays Damages – RightsInfo

Posted February 22nd, 2017 in compensation, damages, families, human rights, local government, news by sally

‘A local council who took a newborn baby boy from his parents violated their human right to family life and a fair trial, a judge has ruled.’

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RightsInfo, 17th February 2017

Source: www.rightsinfo.org

Top lawyers warn of human rights crisis after Brexit – The Guardian

Posted February 22nd, 2017 in brexit, EC law, human rights, international relations, news by sally

‘Leading lawyers and legal experts are warning that Brexit could trigger a human rights crisis in the UK that threatens to have a ‘domino effect’ across Europe.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

Adopting Scottish Children in England – Family Law Week

Posted February 22nd, 2017 in adoption, children, consent, families, news, parental responsibility, parental rights, Scotland by sally

‘Lorraine Cavanagh, barrister of St Johns Buildings, explains the implications of a recent important judgment of the President concerning the English courts’ recognition of permanence orders of Scottish children.’

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Family Law Week, 14th February 2017

Source: www.familylawweek.co.uk

Parental consent not required for section 20 accommodation – Community Care Blog

Posted February 22nd, 2017 in appeals, consent, families, fostering, human rights, legislation, local government, news, statutory duty by sally

‘Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent? This was the question answered by the Court of Appeal in London Borough of Hackney v Williams [2017] EWCA Civ 26.’

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Community Care Blog, 9th February 2017

Source: www.communitycare11kbw.com