Chilcot: Iraq inquiry needs ‘additional assistance’ from Government to complete its work – The Independent

Posted July 27th, 2015 in inquiries, Iraq, news, war by sally

‘The Iraq Inquiry will require “additional assistance” from the Government to complete its work, chairman Sir John Chilcot has said.’

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The Independent, 25th July 2015

Source: www.independent.co.uk

Assessment of interim rent – New Square Chambers

Posted July 25th, 2015 in landlord & tenant, leases, news, rent, time limits by sally

‘As everyone knows, the court, in the case of a business lease with security of tenure, and subject to certain grounds for refusal, can order the grant of a new business for a term of up to 15 years. The new lease normally now starts from the date of the court order. However there may be a gap between the expiry of the original lease and the start of, or as the case may be, the refusal of a new lease, a gap that may be significant in the case of a hotly contested case. During this interim period, the court can order that the tenant pay an interim rent to the landlord.’

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New Square Chambers, 29th July 2015

Source: www.newsquarechambers.co.uk

Permanent Anonymity and Restricted Reporting Orders – Littleton Chambers

Posted July 25th, 2015 in anonymity, employment tribunals, news, reporting restrictions by sally

‘The ET has the power to order that the identity of individuals named in proceedings be permanently anonymised in any judgment. This power has been expressly embodied in rule 50(3)(b) of the Tribunal Rules of Procedure 2013, although before this rule came into force a similar power already existed, to safeguard an individual’s rights under the European Convention of Human Rights: see F v G [2012] ICR 246.’

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Littleton Chambers, 23rd July 2015

Source: www.littletonchambers.com

Assignment and Ignored Instructions – Littleton Chambers

Posted July 25th, 2015 in assignment, news, transfer of undertakings, unfair dismissal by sally

‘It has long been accepted that the issue of whether an employee is “assigned” to an undertaking or part of an undertaking (and thus is subject to a relevant transfer for the purposes of the TUPE Regulations 2006) is a difficult and multifactorial question the outcome of which can often be difficult to predict.’

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Littleton Chambers, 18th July 2015

Source: www.littletonchambers.com

First Libor, then Forex… the future of banking litigation – 11 Stone Buildings

Posted July 25th, 2015 in banking, contracts, estoppel, interest, news by sally

‘For the immediate future, it is not difficult to identify likely, and plentiful, areas for banking litigation, especially with the ever growing presence of litigation funding making its mark. We identify a few below.’

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11 Stone Buildings, June 2015

Source: www.11sb.com

Bond purchases in the secondary market: liability for misrepresentation following Taberna – 11 Stone Buildings

Posted July 25th, 2015 in news by sally

‘In this article, Jeremy Cousins QC reflects on the landmark judgment in Taberna Europe CDO II plc v Selskabet AFI, focusing his analysis on the misrepresentation claim.’

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11 Stone Buildings, July 2015

Source: www.11sb.com

Insolvency–when can secondary proceedings in other member states be opened? – 11 Stone Buildings

Posted July 25th, 2015 in EC law, insolvency, jurisdiction, news, subsidiary companies by sally

‘Restructuring & Insolvency analysis: Discussing the European Court of Justice’s (ECJ) judgment in Comité d’entreprise de Nortel Networks SA, John Jessup of 11 Stone Buildings says the significant point to be taken from this case is that those who plan to open, or have opened, main insolvency proceedings can do little to prevent secondary proceedings being opened in another member state.’

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11 Stone Buildings, July 2015

Source: www.11sb.com

What is the Wilson doctrine? The story behind MPs’ protection from snooping – The Guardian

‘The convention, outlined by former Labour PM Harold Wilson, says intelligence agencies should not bug MPs, but that hasn’t stopped such behaviour occurring.’

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The Guardian, 23rd July 2015

Source: www.guardian.co.uk

Courts on Trial – BBC Law in Action

Posted July 24th, 2015 in civil justice, criminal justice, judiciary, news by sally

‘The “creaking and outdated” justice system in England and Wales is failing society’s poorest, Michael Gove argued this week.

In his first speech since becoming Lord Chancellor and Secretary of State for Justice, he said that the best legal provision is the preserve of the wealthy, while victims of crime are “badly” let down. Mr Gove also said that the case for change had been “made most powerfully and clearly by the judiciary themselves”.

In this special edition of Law in Action, the Lord Chief Justice gives his reaction to Michael Gove’s speech.’

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BBC Law in Action, 23rd July 2015

Source: www.bbc.co.uk

Court of Appeal overturns prison absconder policy ruling – BBC News

‘A High Court decision that it was unlawful for the government to ban inmates with a history of absconding from being transferred to open prisons has been overturned.

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BBC News, 23rd July 2015

Source: www.bbc.co.uk

Judicial Review of the Copyright Exceptions: British Academy of Songwriters, Composers and Authors and Others v Secretary of State for Business Innovation and Skills – NIPC Law

Posted July 24th, 2015 in artistic works, copyright, judicial review, news by sally

‘On 16 July 2015 my heads of chambers, Tim Straker QC and Robert Griffiths QC together with my colleagues, Richard Clayton QC, Charles Morgan, Christopher Forsyth and Lee Parkhill presented our chambers annual judicial review conference. By all accounts it was a great success.’

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NIPC Law, 20th July 2015

Source: www.nipclaw.blogspot.co.uk

IPCC further delays report into young athlete whose neck was broken – The Guardian

Posted July 24th, 2015 in complaints, death in custody, grievous bodily harm, news, police, reports by sally

‘The police watchdog has delayed again its report into how a young athlete’s neck was broken in the street more than two years ago, the Guardian has learned. It comes ahead of Theresa May’s speech on Thursday afternoon in which the home secretary announces her intention to stamp out the “evasiveness and obstruction” suffered by families at the hands of the authorities and launches an independent review of deaths in police custody.’

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The Guardian, 23rd July 2015

Source: www.guardian.co.uk

Oxfordshire CSE report recommends taxi regulation review – BBC News

Posted July 24th, 2015 in child abuse, news, reports, sexual grooming, taxis by sally

‘A “robust overview” of taxi driver licensing in Oxfordshire is needed, according to a new report into child sexual exploitation in the county.’

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BBC News, 23rd July 2015

Source: www.bbc.co.uk

Enhanced fees for divorce, possession claims and general applications in civil proceedings and consultation on further fees proposal – Ministry of Justice

Posted July 24th, 2015 in consultations, divorce, fees, news, repossession by sally

‘This sets out the government response to the consultation on enhanced fees for possession claims and general applications in civil proceedings, and we are also seeking responses to further proposals for consultation.’

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Ministry of Justice, 22nd July 2015

Source: www.consult.justice.gov.uk

Court Cuts – London Review of Books

Posted July 24th, 2015 in legal aid, news by sally

‘In his first speech as lord chancellor, Michael Gove warned of a ‘dangerous inequality’ in the justice system. There was, he said, a ‘gold standard’ for the wealthy and a ‘creaking, outdated system’ for everyone else. This, from a minister in a government that has made enormous cuts to legal aid, is a little like Orestes asking for mercy on account of his being an orphan. Even so, his diagnosis is correct. What should be done? Gove suggested that rich lawyers should do more pro bono work. That is a bad idea. City solicitors are trained in transactions, not asylum and immigration; instead of donating an hour of their time, they should pay an hour’s wages to a legal charity. The more fundamental question is who should bear the cost of providing a legal system. Should lawyers, for example, contribute more than bankers, footballers or other wealthy individuals? I doubt it, though the argument has been made in the past. ‘There exists a moral obligation on the part of the profession,’ the second Lawrence Report said in 1925, ‘in return for the monopoly in the practice of law which it enjoys, to render gratuitous legal assistance to those members of the community who cannot afford to pay for such assistance.’ The grain of truth here is that monopoly providers can owe special obligations. What about victims of injustice? Should they pay higher taxes to fund the legal system? The idea seems absurd.’

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London Review of Books, 30th July 2015

Source: www.lrb.co.uk

Maternity leave discrimination means 54,000 women lose their jobs each year – The Guardian

Posted July 24th, 2015 in equality, maternity leave, news, sex discrimination by sally

‘Women returning from maternity leave are more likely to face discrimination in the workplace than they were a decade ago, according to a report published today by the Equality and Human Rights Commission.’

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The Guardian, 24th July 2015

Source: www.guardian.co.uk

UN urges UK to make smacking illegal – BBC News

Posted July 24th, 2015 in child abuse, children, corporal punishment, news, United Nations by sally

‘The UK should pass laws to ban parents from smacking their children at home, a United Nations report has suggested.’

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BBC News, 24th July 2015

Source: www.bbc.co.uk

Revising the Victims’ Code – Ministry of Justice

Posted July 24th, 2015 in codes of practice, consultations, crime, news, victims by sally

‘The statutory Code of Practice for Victims of Crime (“the Code”) places obligations on core criminal justice agencies to provide victims of crime with support and information.’

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Ministry of Justice, 16th July 2015

Source: www.consult.justice.gov.uk

Businesses team up to battle English laws on penalties dating back to Magna Carta – The Independent

Posted July 24th, 2015 in contracts, fines, news, parking, penalties, Supreme Court by sally

‘Lawyers are in a legal slug-fest in the Supreme Court trying to determine if the English law on penalties has any place in the modern commercial world.’

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The Independent, 23rd July 2015

Source: www.independent.co.uk

Britain told to review counter-terrorism powers by UN human rights committee – The Guardian

‘Britain should review its key counter-terrorism powers and revise laws on snooping by security services, a UN report has suggested.’

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The Guardian, 23rd July 2015

Source: www.guardian.co.uk