ISPA-Daisy – Panopticon

Posted April 29th, 2015 in disclosure, freedom of information, news by sally

‘It has been said in the recent past that FOIA is sexy. We at 11KBW know all too well how difficult it can be to maintain a constant level of supreme attractiveness. Like all sexy beasts, even FOIA can have a day on which even its own mother would struggle would struggle to describe it as worthy of a second glance. The decision of the Court of Appeal in The Independent Parliamentary Standards Authority v ICO & Leapman [2015] EWCA Civ 388 might be thought to be one of FOIA’s off-days.’

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Panopticon, 28th April 2015

Source: www.panopticonblog.com

Court of Appeal warns solicitors over standards of ‘commoditised’ services – Legal Futures

Posted April 29th, 2015 in appeals, compensation, miners, news, solicitors by sally

‘Economic pressures forcing solicitors to ‘commoditise’ their advice “throw into sharp focus the need for standard form letters of advice to be clear in their exposition”, the Court of Appeal warned yesterday.’

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Legal Futures, 29th April 2015

Source: www.legalfutures.co.uk

Review of Costs Budgeting Process by Jackson LJ – Zenith Chambers

Posted April 29th, 2015 in budgets, costs, negligence, news, personal injuries, telephone hearings by sally

‘Following the introduction of costs budgeting as part of his wide-ranging package of civil justice reforms, Jackson LJ is now undertaking a review of the process.’

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Zenith Chambers, 20th April 2015

Source: www.zenithchambers.co.uk

ParkingEye drives home a penalty – charge for a breach of contract allowed – Technology Law Update

Posted April 29th, 2015 in appeals, consumer protection, contracts, fines, news, parking by sally

‘A dispute over a parking fine has received a lot of press attention from the angle of the aggrieved motorist standing up to big business. But there are wider implications. The recent Court of Appeal decision in ParkingEye v Beavis demonstrates a more flexible approach to penalty clauses in contracts, and illustrates how the unfairness rules will be applied to penalty charges in consumer-facing contracts (EULAs, e-commerce terms etc).’

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Technology Law Update, 28th April 2015

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

Ofsted inspections harm children’s services, says report – BBC News

Posted April 29th, 2015 in children, local government, news, school children, social services, teachers by sally

‘Ofsted inspections of children’s services are outdated and do not always protect vulnerable children, according to a new report.’

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BBC News, 29th April 2015

Source: www.bbc.co.uk

Two key changes to familiar three letter acronyms – EIA and CIL – 39 Essex Chambers

Posted April 29th, 2015 in EC law, environmental health, legislation, news, planning by sally

‘As the planning world turns its attention to the upcoming election and wonders what the future holds post 7 May 2015, it would be wise not to overlook the significance of today: 6 April. Two notable changes to environmental and planning law came into force this morning and they will be likely significantly to impact large development proposals across the country. They may, in turn, become the subject of litigation in the future. I discuss each below.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

Court case dropped after police sell evidence at auction – Daily Telegraph

Posted April 29th, 2015 in evidence, handling stolen goods, mistake, news, police, sale of goods by sally

‘Cumbria Police apologise after admitting they sold a stolen bicycle at auction before a criminal case came to court.’

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Daily Telegraph, 28th April 2015

Source: www.telegraph.co.uk

Rosslyn Mansions Tenants’ Association v Winstonworth Limited – Tanfield Chambers

Posted April 29th, 2015 in landlord & tenant, news, tribunals by sally

‘There is no requirement that the potential membership of a proposed tenants’ association must be at least 60% for a certificate of recognition to be granted under section 29 of the Landlord and Tenant Act 1985.’

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Tanfield Chambers, 16th April 2015

Source: www.tanfieldchambers.co.uk

Mental Capacity Law Newsletter – 39 Essex Chambers

Posted April 29th, 2015 in deprivation of liberty safeguards, mental health, news, Scotland by sally

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, April 2015

Source: www.39essex.com

Lord Janner’s alleged victims seek formal review of DPP decision – The Guardian

Posted April 29th, 2015 in child abuse, Crown Prosecution Service, elderly, mental health, news, prosecutions, sexual offences, trials by sally

‘A group of people who say they were abused by Lord Janner are seeking a formal review of the decision not to prosecute the former Labour MP following child sex abuse claims.’
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The Guardian, 28th April 2015

Source: www.guardian.co.uk

Curbing the Good Character Direction – Zenith Chambers

Posted April 29th, 2015 in appeals, civil procedure rules, crime, good character, juries, news by sally

‘A specially constituted fivemember Court of Appeal handed down judgment last week in the case of R v Hunter & Others [2015] EWCA Crim 631. The court heard a number of appeals concerning the circumstances in which a good character direction should be given and the extent of such a direction.’

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Zenith Chambers, 20th April 2015

Source: www.zenithchambers.co.uk

High Court rejects challenge to Nottinghamshire joint strategy approach to green belt boundaries – OUT-LAW.com

Posted April 29th, 2015 in environmental protection, housing, local government, news, planning by sally

‘The High Court has rejected a parish council’s challenge to the joint planning strategy of several Nottinghamshire local authorities after finding that the correct approach had been taken to the proposed alteration of green belt boundaries.’

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OUT-LAW.com, 28th April 2015

Source: www.out-law.com

Divorce: what’s fault got to do with it? – Halsbury’s Law Exchange

Posted April 29th, 2015 in divorce, families, news by sally

‘Much discussion has taken place of late with regard to the importance of fault in divorce law, so I ask is it still necessary to attribute blame to the other party? The party whom you once loved and maybe even still do, the party with whom you shared your hopes and dreams, your life, only for this party to become in legal speak, the respondent.’
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Halsbury’s Law Exchange, 28th April 2015

Source: www.halsburyslawexchange.co.uk

JUSTICE proposes lawyer-free dispute resolution model – Legal Voice

Posted April 29th, 2015 in dispute resolution, human rights, legal aid, legal representation, news, rule of law by sally

‘A new dispute resolution model ‘minimising the need for lawyers’ for a justice system ‘reeling from the impact of ongoing state retrenchment’, has been proposed by the Human rights group JUSTICE. In a new report (Delivering Justice in an Age of Austerity) the human rights group argues that the assumption that people will be legally represented post-LASPO is redundant.’

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Legal Voice, 28th April 2015

Source: www.legalvoice.org.uk

Care assistant among trio jailed for gambler’s killing – The Guardian

Posted April 29th, 2015 in assisting offenders, closed circuit television, false imprisonment, gambling, homicide, murder, news, sentencing, violence by sally

‘A woman has been jailed for 16 years for setting a trap which led to the “pitiless and wicked” murder of a professional gambler for the sake of his winnings.’

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The Guardian, 28th April 2015

Source: www.guardian.co.uk

Fewer barriers for women in judiciary than the bar – LCJ – Law Society’s Gazette

Posted April 29th, 2015 in barristers, equality, human rights, judiciary, legal aid, news, women by sally

‘The barrier to women progressing further in the judiciary has gone, but more needs to be done to remove the glass ceiling at the bar, the lord chief justice said last night.’

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Law Society’s Gazette, 28th April 2015

Source: www.lawgazette.co.uk

Assisted suicide review granted by High Court judges – BBC News

Posted April 29th, 2015 in assisted suicide, disabled persons, human rights, news, prosecutions by sally

‘Disability rights campaigners who say assisted suicide policy in England and Wales is too “liberal” have won permission to bring a legal challenge.’

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BBC News, 28th April 2015

Source: www.bbc.co.uk

UK intelligence tribunal to rule on surveillance case – The Guardian

Posted April 29th, 2015 in confidentiality, human rights, intelligence services, investigatory powers, Libya, news, tribunals, whistleblowers by sally

‘A tribunal that hears complaints against the UK intelligence services is due to rule in a major state surveillance case on the confidentiality of conversations between lawyers and their clients.’

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The Guardian, 29th April 2015

Source: www.guardian.co.uk

Ipsa loses court of appeal challenge over MPs’ expenses – The Guardian

Posted April 28th, 2015 in appeals, disclosure, documents, expenses, freedom of information, news, parliament by sally

‘The regulatory body set up after the MPs’ expenses scandal has lost a test case challenge in the court of appeal against an order that it must release copies of receipts and invoices submitted by politicians.’

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The Guardian, 28th April 2015

Source: www.guardian.co.uk

Bradford fire: Sir Oliver Popplewell defends 1985 inquiry – interview in full – The Guardian

Posted April 28th, 2015 in fire, inquiries, judges, news, sport by sally

‘Sir Oliver Popplewell, who presided over the Bradford fire inquiry, speaks at length to the Guardian’s chief football correspondent about revelations in survivor Martin Fletcher’s book and why he sees no need for a fresh investigation.’

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The Guardian, 27th April 2015

Source: www.guardian.co.uk