Court of Protection scheme to hold more cases in public – BBC News

Posted November 20th, 2015 in Court of Protection, media, news, pilot schemes, private hearings by sally

‘Journalists and members of the public are to be given greater access to the Court of Protection, where issues affecting sick or vulnerable people are heard – under a new pilot scheme.’

Full story

BBC News, 19th November 2015

Source: www.bbc.co.uk

MS sufferer should be allowed to die, says judge in landmark ruling – The Guardian

Posted November 20th, 2015 in Court of Protection, euthanasia, medical treatment, news by sally

‘A woman in the end stage of multiple sclerosis has been granted the right to die, in a landmark legal ruling.
The woman’s daughter had told how her mother was “completely incapacitated” and had asked Mr Justice Hayden to allow doctors to stop providing “clinically assisted nutrition and hydration”.’

Full story

The Guardian, 19th November 2015

Source: www.guardian.co.uk

Criminal courts charge ‘should be axed’ – justice committee – BBC News

Posted November 20th, 2015 in criminal courts charge, news, select committees by sally

‘The criminal courts charge should be scrapped by ministers, a parliamentary committee has said, as it raised “grave misgivings” about the fee’s benefits.’

Full story

BBC News, 20th November 2015

Source: www.bbc.co.uk

Tom Watson to issue written apology to Leon Brittan’s widow – The Guardian

Posted November 20th, 2015 in news, parliamentary privilege, select committees, sexual offences by sally

‘Tom Watson has said he will write to the widow of Leon Brittan to apologise directly after he was criticised by MPs for repeating a claim that he was “as close to evil as any human could get” in connection with sex abuse allegations against the Conservative peer.’

Full story

The Guardian, 20th November 2015

Source: www.guardian.co.uk

Judicial review pushes back crime contracts to April – Legal Voice

‘The Ministry of Justice announced on Friday that the introduction of duty provider contracts will be pushed back from January to April 1 next year. Only the previous week, the MOJ continued to insist that despite the threat of legal challenges, the new duty provider contracts would come into force from 01 January 2016.’

Full story

Legal Voice, 16th November 2015

Source: www.legalvoice.org.uk

Who got the dogs out? – Nearly Legal

Posted November 19th, 2015 in animals, housing, mortgages, news, restraining orders, striking out by sally

‘Moosun, & Ors v HSBC Bank Plc (t/a First Direct) [2015] EWHC 3308 (Ch). This was a part – surely now the end part – of a long running saga of a mortgage possession and sale. The novel (if unsurprising) point of law concerned the “Ors” in this claim. You will have to read on – or skip to the end of the post, for that.’

Full story

Nearly Legal, 18th November 2015

Source: www.nearlylegal.co.uk/blog/

UK government scraps plans to legalise private copying – OUT-LAW.com

Posted November 19th, 2015 in copyright, EC law, intellectual property, news by sally

‘The UK government has scrapped plans to legalise private copying in the UK, Out-Law.com has learned..’

Full story

OUT-LAW.com, 18th November 2015

Source: www.outlaw.com

Tweet Tweet? #silencingFOIontwitter – Panopticon

Posted November 19th, 2015 in electronic mail, freedom of information, internet, news, tribunals by sally

‘Is a request for information made in a tweet a valid request within the meaning of sections 1 and 8 FOIA? Not in Ghafoor v Information Commissioner (EA/2015/0140). The FTT held that section 8(1) requires the request for information to be made using the “real name” of the person making it, and that the provision of an address for correspondence must one which is “suitable for correspondence” between the requestor and the public authority about the request.’

Full story

Panopticon, 17th November 2015

Source: www.panopticonblog.com

Commercial agency: where the principal cannot have his cake and eat it too – Technology Law Update

Posted November 19th, 2015 in agency, commercial agents, compensation, contracts, indemnities, news by sally

‘On termination of a commercial agency agreement the agent is normally entitled to either an indemnity or compensation. This is a lump sum payment to reward the agent for the goodwill it has developed for the principal. They can agree by contract which option they prefer. But in the absence of agreement, the agent is entitled to compensation.’

Full story

Technology Law Update, 16th November 2015

Source: www.technology-law-blog.co.uk

Tarmac wins Court of Appeal battle over quarry restoration and waste – Local Government Lawyer

Posted November 19th, 2015 in appeals, construction industry, EC law, news, planning, waste by sally

‘Tarmac has won a Court of Appeal battle over whether the use of waste in restoring a quarry was waste disposal or waste recovery.’

Full story

Local Government Lawyer, 18th November 2015

Source: www.localgovernmentlawyer.co.uk

Council secures £300k confiscation after uncovering conspiracy to defraud – Local Government Lawyer

Posted November 19th, 2015 in confiscation, conspiracy, fraud, local government, news, sentencing by sally

‘Slough Borough Council last month secured a £300,000 confiscation order, its largest ever under the Proceeds of Crime Act 2002.’

Full story

Local Government Lawyer, 18th November 2015

Source: www.localgovernmentlawyer.co.uk

Government delays clinical negligence fixed costs consultation – Litigation Futures

Posted November 19th, 2015 in consultations, costs, delay, fees, negligence, news by sally

‘The government has delayed launch of its consultation on introducing fixed recoverable costs in low-value clinical negligence claims.’

Full story

Litigation Futures, 19th November 2015

Source: www.litigationfutures.com

Gove poised to back call for less overbearing regulatory regime for ABSs – Legal Futures

‘Lord Chancellor Michael Gove indicated yesterday that he would support legislative changes to make it easier to approve and regulate alternative business structures (ABSs) while the scope of the wider review of the Legal Services Act 2007 is worked out.’

Full story

Legal Futures, 19th November 2015

Source: www.legalfutures.co.uk

Major new report highlights mixed advocacy standards in youth court proceedings – Bar Standards Board

Posted November 19th, 2015 in advocacy, courts, reports, young offenders, youth courts by sally

‘The Youth Proceedings Advocacy Review report, published today as a result of extensive research, highlights the damaging effects that poor advocacy has on access to justice for young and often very vulnerable offenders, and their perceptions of the system in general.’

Full press release

Full report

Bar Standards Board, 19th November 2015

Source: www.barstandardsboard.org.uk

Attorney General’s guidelines on information security and government work – Attorney General’s Office

‘Guidelines for civil panel counsel, revised to include the new government security classifications.’

Full guidance

Attorney General’s Office, 18th November 2015

Source: www.gov.uk/ago

Regulators to report on HBOS failings – BBC News

Posted November 19th, 2015 in banking, financial regulation, news, reports by sally

‘A report into the collapse of HBOS is due later and is expected to be critical of its former bosses.’

Full story

BBC News, 19th November 2015

Source: www.bbc.co.uk

Court of Appeal gives explicit backing for “valuable” unbundling – Legal Futures

‘Solicitors who offer “unbundled” legal advice to help litigants deal with challenging parts of the process provide an “invaluable” service to both the court and litigants, the Court of Appeal said yesterday.’

Full story

Legal Futures, 18th November 2015

Source: www.legalfutures.co.uk

Speech by HHJ Edmund QC on Better Case Management and the Plea and Trial Preparation Hearing – Courts and Tribunals Judiciary

‘Speech by HHJ Edmund QC at the Criminal Bar Association Ann Goddard Memorial Lecture on 3 November 2015 entitled ”All Change: What you need to know about Better Case Management and the Plea and Trial Preparation Hearing”.

Full speech

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

Transcript of the Lord Chief Justice’s Annual Press Conference 2015 – Courts and Tribunals Judiciary

‘The Lord Chief Justice, Lord Thomas of Cwmgiedd, held his annual press conference on Tuesday, 17 November, 2015, at the Royal Courts of Justice.’

Full transcript

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

Court charge creates “perverse incentive” for guilty pleas – The Bar Council

‘Criminal court charges create perverse incentives for the innocent to plead guilty, warns Bar Council chairman Alistair MacDonald QC, ahead of today’s parliamentary debate. He also points out that we still do not know if the Government is on track to raise £265 million it proposed to bring in over the course of this Parliament.’

Full press release

The Bar Council, 17th November 2015

Source: www.barcouncil.org.uk