Pro bono costs orders post-LASPO – Legal Voice

Posted October 2nd, 2014 in costs, news, pro bono work by sally

‘As the legal profession continues to adjust to the austerity-driven reality of life after LASPO, there has been considerable discussion of how to ensure effective access to justice for the people who fall through the ever-widening holes in the safety net of legal aid.’

Full story

Legal Voice, 1st October 2014

Source: www.legalvoice.org.uk

Proprietary remedies, fiduciary bribes, and dishonest assistants: FHR and Novoship – Employment Law Blog

Posted October 2nd, 2014 in appeals, bribery, constructive trusts, fiduciary duty, news, Supreme Court by sally

‘Directors and senior employees will often have wide-ranging managerial power over their companies: the ability to commit or disburse company assets, with significant autonomy and limited detailed oversight. Those in such positions will not always act responsibly, and will be attractive targets to others seeking a share of the potential spoils. In two important judgments from July, the Court of Appeal and Supreme Court significantly increased the remedies available against both bribed fiduciaries and those who bribe them.’

Full story

Employment Law Blog, 2nd Ocotber 2014

Source: www.employment11kbw.com

Fraud, bribery and money laundering offences guideline comes into effect – Sentencing Council

Posted October 2nd, 2014 in bribery, Crown Court, fraud, magistrates, money laundering, news, sentencing by sally

‘Following a period of training and implementation the definitive guideline on fraud, bribery and money laundering offences came into effect on 1 October 2014.’

Versions for the Crown Court and magistrates’ courts

Sentencing Council, 1st October 2014

Source: http://sentencingcouncil.judiciary.gov.uk

Academy loses High Court passing off action brought against private college – Local Government Lawyer

Posted October 2nd, 2014 in education, intellectual property, news, trade marks by sally

‘An academy school has lost an action for passing-off taken against a nearby private college.’

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Local Government Lawyer, 2nd October 2014

Source: www.localgovernment lawyer.co.uk

Jackson urges action to extend fixed costs regime – Litigation Futures

Posted October 2nd, 2014 in budgets, costs, judges, news, speeches by sally

‘Lord Justice Jackson has urged the government to press ahead with introducing fixed costs in non-personal injury fast-track cases, and for work to begin on fixed costs for matters at the lower end of the multi-track.’

Full story

Litigation Futures, 2nd October 2014

Source: www.litigationfutures.com

Master Gordon-Saker condemns lack of costs training for judges – Litigation Futures

‘Master Gordon-Saker, who replaced Peter Hurst as Senior Costs Judge yesterday, has used his first public speech in the role to launch a strongly-worded attack on the lack of training for judges in costs budgeting.’

Full story

Litigation Futures, 2nd October 2014

Source: www.litigationfutures.com

Medical compensation ‘outstripping public finances’ – Law Society’s Gazette

Posted October 2nd, 2014 in compensation, damages, health, negligence, news by sally

‘Medical defendants have warned that public finances will not be able to cope unless clinical negligence compensation is radically reformed.’

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Law Society’s Gazette, 2nd October 2014

Source: www.lawgazette.co.uk

Abertillery care home nurses struck off over ‘shocking failings’ – BBC News

Posted October 2nd, 2014 in care homes, disciplinary procedures, disqualification, news, nurses by sally

‘Two nurses whose care led to “avoidable harm to vulnerable patients” at an Abertillery care home have been struck off by the Nursing and Midwifery Council.’

Full story

BBC News, 1st October 2014

Source: www.bbc.co.uk

Martin Goldberg failings ‘an accident waiting to happen’ – BBC News

Posted October 2nd, 2014 in indecent photographs of children, news, suicide, teachers, voyeurism by sally

‘Failings to fully investigate a teacher who took indecent photographs of pupils were “an accident waiting to happen”, an ex-child protection chief has said.’

Full story

BBC News, 1st October 2014

Source: www.bbc.co.uk

Terror charges dropped against former Guantanamo Bay detainee Moazzam Begg – Daily Telegraph

Posted October 2nd, 2014 in detention, news, prosecutions, terrorism by sally

‘Former Guantanamo Bay detainee Moazzam Begg has today walked free from prison after seven terror charges connected to Syria against him were dropped.’

Full story

Daily Telegraph, 1st October 2014

Source: www.telegraph.co.uk

UK legalises music, film and e-book back-ups – BBC News

Posted October 2nd, 2014 in artistic works, computer programs, copyright, intellectual property, news by sally

‘A law has come into effect that permits UK citizens to make copies of CDs, MP3s, DVDs, Blu-rays and e-books. Consumers are allowed to keep the duplicates on local storage or in the cloud. While it is legal to make back-ups for personal use, it remains an offence to share the data with friends or family.’

Full story

BBC News, 1st October 2014

Source: www.bbc.co.uk

Investigation into McCann internet trolls launched by police – Daily Telegraph

Posted October 2nd, 2014 in harassment, internet, news, police, prosecutions, victims by sally

‘Internet trolls who aim abuse, including death threats, at the family of missing girl Madeleine McCann could be prosecuted as part of a new police investigation. The Metropolitan Police has been passed an 80-page dossier of hundreds of tweets, Facebook posts and messages on online forums accusing Kate and Gerry McCann of being involved in their daughter’s disappearance in Portugal in 2007, and telling them they should “burn in hell”.’

Full story

Daily Telegraph, 2nd October 2014

Source: www.telegraph.co.uk

Gamekeeper found guilty of poisoning 10 buzzards and a sparrowhawk – The Guardian

Posted October 2nd, 2014 in animals, environmental protection, guilty pleas, news, pesticides, poisoning by sally

‘A gamekeeper found with a bag of nine dead buzzards on a pheasant-shooting estate has been found guilty of intentionally killing a protected species in what is England’s worst recorded case of poisoning birds of prey.’

Full story

The Guardian, 2nd October 2014

Source: www.guardian.co.uk

Court of Appeal rejects call by solicitor to quash dismissal of his claim against council – Local Government Lawyer

‘The Court of Appeal has dismissed a solicitor’s call for an Employment Tribunal ruling – in which his claim against a local authority for race and disability discrimination was rejected – to be thrown out as not properly made, it has emerged.’

Full story

Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

When does a righteous campaign shade into harassment? – UK Human Rights Blog

Posted October 1st, 2014 in freedom of expression, harassment, human rights, injunctions, news by sally

‘Merlin Entertainments LPC, Chessington World of Adventures Operations and others v Peter Cave [2014] EWHC 3036 (QB) 25 September 2014. This case explores the extent to which a campaign of criticism, conducted by internet and email, can merit restraint by the civil courts. As the judge says, whatever the aims of the campaign in question, its supporters may, in the course of their activities, annoy, irritate, and upset companies and individuals. But should the courts interfere, before the question whether the campaign is justified has been decided? And to what extent is such a campaign a criminal offence?’

Full story

UK Human Rights Blog, 30th September 2014

Source: www.ukhumanrightsblog.com

New rights for victims of crime – Halsbury’s Law Exchange

‘Victims will have the right to tell the court how they have been affected by a crime as part of a major set of reforms announced by the Justice Secretary. They will also receive better information and support with the introduction of a nationwide Victims’ Information Service, making it easier for victims by establishing a single source of information and help.’

Full story

Halsbury’s Law Exchange, 30th September 2014

Source: www.halsburyslawexchange.co.uk

Council defeats claim brought on behalf of 101 year old over care home closure – Local Government Lawyer

Posted October 1st, 2014 in care homes, elderly, equality, judicial review, local government, news by sally

‘A city council has successfully defended a High Court challenge brought on behalf of a 101-year-old resident over its decision to close her care home.’

Full story

Local Government Lawyer, 30th Spetember 2014

Source:  www.localgovernmentlawyer.co.uk

Claimants apply to Court of Appeal over approach to deprivation of liberty cases – Local Government Lawyer

‘An application has been made to the Court of Appeal for leave to appeal two key parts of a ruling by the President of the Court of Protection that was intended to streamline the handling of deprivation of liberty cases after the Cheshire West judgment.’

Full source

Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

Skyscanner: CAT quashes commitments in the online booking sector – Competition Bulletin from Blackstone Chambers

‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’

Full story

Competition Bulletin from Blackstone Chambers, 28th September 2014

Source: www.competitionbulletin.com

Grayling: ‘real plan’ on human rights imminent – Law Society’s Gazette

‘Justice secretary Chris Grayling today promised a “real plan” to shake up human rights law, prompting speculation that prime minister David Cameron will fill in the details in his speech to the Conservative party conference tomorrow.’

Full story

Law Society’s Gazette, 30th September 2014

Source: www.lawgazette.co.uk