Court of Appeal to rule on interplay between fixed costs and part 36 offers – Litigation Futures

Posted January 19th, 2016 in appeals, civil procedure rules, costs, news, part 36 offers by sally

‘The Court of Appeal is to decide on whether a party who beats a part 36 offer in a case where fixed fees apply is eligible for indemnity costs as well.’

Full story

Litigation Futures, 18th January 2016

Source: www.litigationfutures.com

Finding proportionality in surveillance laws – OUP Blog

Posted January 19th, 2016 in bills, investigatory powers, news, proportionality by sally

‘The United Kingdom Parliament is currently in the pre-legislative scrutiny phase of a new Investigatory Powers Bill, which aims to “consolidate existing legislation and ensure the powers in the Bill are fit for the digital age.” It is fair to say this Bill is controversial with strong views being expressed by both critics and supporters of the Bill. Against this backdrop it is important to cut through the rhetoric and get to the heart of the Bill and to examine what it will do and what it will mean in terms of the legal framework for British citizens, and indeed for those overseas.’

Full story

OUP Blog, 17th January 2016

Source: www.blog.oup.com

Yarl’s Wood: Report finds no ‘endemic culture of abuse’ – BBC News

Posted January 19th, 2016 in detention, immigration, news, reports by sally

‘There are “serious staffing concerns” at Yarl’s Wood Immigration Removal Centre but “not an endemic culture of abuse”, a report has found.’

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BBC News, 15th January 2016

Source: www.bbc.co.uk

Civil servant jailed for partially blinding pensioner in row over pay of female tennis players at Wimbledon – Daily Telegraph

Posted January 19th, 2016 in assault, news, sentencing by sally

‘Jonathan Dalton, 27, threw the single punch at Charles Bonello, 69, on a train from London Bridge on 3 July last year.’

Full story

Daily Telegraph, 18th January 2016

Source: www.telegraph.co.uk

We must choose our words carefully when covering complex legal cases – The Guardian

Posted January 19th, 2016 in Court of Protection, media, medical treatment, mental health, news by sally

‘A recent case that caught the public’s attention shows how writers’ choice of words can, however unintentionally, create a misleading impression.’

Full story

The Guardian, 18th January 2016

Source: www.guardian.co.uk

Thousands of trials end over no-show witnesses – watchdog – BBC News

Posted January 19th, 2016 in criminal justice, domestic violence, news, reports, trials, witnesses by sally

‘More than 11,000 criminal trials in England and Wales had to be abandoned last year because witnesses pulled out or did not appear at court, a watchdog has said.’

Full story

BBC News, 19th January 2016

Source: www.bbc.co.uk

Phone hacking: Fresh News of the World claims to be heard – BBC News

Posted January 19th, 2016 in class actions, interception, media, news, telecommunications by sally

‘Fresh claims of phone hacking by the now defunct News of the World newspaper can be heard in court, a High Court judge has ruled.’

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BBC News, 18th January 2016

Source: www.bbc.co.uk

Woman claims ‘psychological torture’ over ‘relationship with undercover officer’ – Daily Telegraph

Posted January 19th, 2016 in news, police, psychiatric damage, victims, women by sally

‘In 2015 Scotland Yard made an apology to seven women who were deceived into ‘abusive, deceitful and manipulative’ relationships with undercover police officers’

Full story

Daily Telegraph, 18th January 2016

Source: www.telegraph.co.uk

Couple to begin court fight against ban on heterosexual civil partnerships – The Guardian

Posted January 19th, 2016 in bills, civil partnerships, human rights, marriage, news by sally

‘The legal ban on heterosexual couples entering into civil partnerships is to be challenged in the high court.’

Full story

The Guardian, 19th January 2015

Source: www.guardian.co.uk

Bid to speed up prison smoking ban – BBC News

Posted January 19th, 2016 in news, prisons, smoking by sally

‘The Prison Officers Association (POA) is to launch a judicial review against the Prison Service to speed up an outright ban on smoking in prisons.’

Full story

BBC News, 18th January 2016

Source: www.bbc.co.uk

‘I was violently attacked but my case was dropped because I had been drinking’ – The Guardian

Posted January 19th, 2016 in alcohol abuse, assault, news, victims, violence, witnesses, women by sally

‘After I was mugged, a suspect was arrested but the case was dropped because of ‘grave concerns’ about the credibility of my evidence. Can a new law protect thousands of women like me?’

Full story

The Guardian, 18th January 2016

Source: www.theguardian.com

High Court clarifies cost effective procedure allowing pension trustees to correct mistakes – OUT-LAW.com

Posted January 18th, 2016 in costs, news, pensions, trusts by sally

‘The High Court has taken the unusual step of publishing a short judgment which sets out how pension scheme trustees can use an administrative procedure to correct errors in the scheme rules in a cost effective way.’

Full story

OUT-LAW.com, 15th January 2016

Source: www.out-law.com

High Court upholds Pensions Regulator’s approach to auto-enrolment of peripatetic workers – OUT-LAW.com

Posted January 18th, 2016 in contracts, employment, judicial review, news, pensions by sally

‘The eligibility of peripatetic workers for automatic enrolment onto workplace pension schemes in Great Britain depends on where the worker is based and not on what is set out in the worker’s contract, the High Court has said.’

Full story

OUT-LAW.com, 15th January 2016

Source: www.out-law.com

Government confirms 1 October 2016 date for fixed costs in clinical negligence – Litigation Futures

‘The introduction of fixed recoverable costs (FRC) in clinical negligence cases is still planned for 1 October 2016, the Department of Health has confirmed.’

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Litigation Futures, 14th January 2016

Source: www.litigationfutures.co.uk

SDT anonymity ruling “breached principle of open justice”, High Court rules – Legal Futures

A decision by the Solicitors Disciplinary Tribunal (SDT) to grant retrospective anonymity to a solicitor who had only been found guilty of a technical rule breach flouted the principle of open justice, the High Court has ruled.’

Full story

Legal Futures, 18th January 2016

Source: www.legalfutures.co.uk

Students call on the Bar Council to move Pupillage Gateway timetable – The Bar Council

Posted January 18th, 2016 in barristers, consultations, legal education, press releases, pupillage by sally

‘Following calls from students and chambers, the Bar Council will be moving the Pupillage Gateway timetable starting in January 2017.’

Full press release

The Bar Council, 18th January 2016

Source: www.barcouncil.org.uk

Legal Professional Privilege for Prisoners – The Bar Council

‘Justice Minister Andrew Selous MP has explained the authorisation process for listening in to communications between lawyers and clients in prisons. The parliamentary written answer, published yesterday, suggests that the prison service effectively self-authorises breaches of legal professional privilege (LPP).’

Full press release

The Bar Council, 13th January 2016

Source: www.barcouncil.org.uk

Unwritten Rules – large families in ToLATA cases – Family Law week

Posted January 18th, 2016 in dispute resolution, families, family courts, housing, news by sally

‘Samuel Littlejohns, barrister, 1 Hare Court, considers legal, evidential and practical problems that can arise in real property disputes where family members share property based on intentions and cultural understandings which do not easily fall within the classifications of English law.’

Full story

Family Law Week, 15th January 2016

Source: www.familylawweek.co.uk

Surrogacy Law Update (January 2016) –

Posted January 18th, 2016 in birth certificates, children, families, family courts, news, surrogacy, time limits by sally

‘Andrew Powell, barrister, of 4 Paper Buildings reviews recent developments in surrogacy law.’

Full story

Family Law Week, 13th January 2016

Source: www.familylawweek.co.uk

High Court: you can beat up a burglar without breaching their human rights – Daily Telegraph

Posted January 18th, 2016 in burglary, human rights, news, proportionality, self-defence by sally

‘Householders can use a “disproportionate” level of force to protect themselves against intruders in their home, the High Court has confirmed in a landmark ruling.’

Full story

Daily Telegraph, 16th January 2016

Source: www.telegraph.co.uk