Shared parental leave rules come into force in UK amid small business fear – The Guardian

Posted April 7th, 2015 in adoption, employment, maternity leave, news, parental rights, paternity leave by sally

‘New rules heralding Scandinavian-style shared parental leave of up to 50 weeks come into force this weekend as concerns continue that many employers are not ready for the “complicated and challenging” changes.’

Full story

The Guardian, 3rd April 2015

Source: www.guardian.co.uk

Law changed so nuclear waste dumps can be forced on local communities – The Guardian

‘Nuclear waste dumps can be imposed on local communities without their support under a new law rushed through in the final hours of parliament.’

Full story

The Guardian, 5th April 2015

Source: www.guardian.co.uk

Crackdown begins on nuisance texts and phone calls – The Guardian

Posted April 7th, 2015 in consultations, fines, news, nuisance, telecommunications by sally

‘The spam text message will be familiar to most people. “Our records indicate you had a non-fault accident in the last three years and are in line for receiving compensation. Reply YES for more info. Reply NO to opt out.”’

Full story

The Guardian, 6th April 2015

Source: www.guardian.co.uk

Christian NHS worker appeals ruling she ‘bullied’ Muslim colleague by praying for her – Daily Telegraph

‘Lawyers for Victoria Wasteney lodge appeal against tribunal, claiming human rights were breached when she was disciplined after claims she tried to convert Enya Nawaz.’

Full story

Daily Telegraph, 5th April 2015

Source: www.telegraph.co.uk

Half a million more people summoned to court over unpaid council tax, after benefits scrapped – The Independent

Posted April 7th, 2015 in benefits, council tax, crime, debts, news, social security by sally

‘Half a million more people were summoned to court last year over unpaid council tax, after benefits protecting low-income families from paying it were scrapped.’

Full story

The Independent, 6th April 2015

Source: www.independent.co.uk

Family court gives guardianship of black child to white foster carer – The Guardian

Posted April 7th, 2015 in fostering, guardianship, news by sally

‘A white British foster carer who has looked after a two-year-old boy of black African heritage since he was less than six months old has been named his “special guardian” by the family court.’

Full story

The Guardian, 5th April 2015

Source: www.guardian.co.uk

Strangeways: Britain’s Toughest Prison Riot – BBC Two

Posted April 2nd, 2015 in news, prisons, violent disorder by sally

‘Twenty-five years after the biggest riot in British penal history, this film brings together the ringleaders of the trouble with the prison guards they battled with over three weeks of anarchy that brought Strangeways to its knees.’

iPlayer

BBC Two, 1st April 2015

Source: www.bbc.co.uk

Mutuals’ Deferred Shares Act 2015 – legislation.gov.uk

Posted April 2nd, 2015 in insurance, legislation, shareholders by sally

Mutuals’ Deferred Shares Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Pleadings and putting to proof – an update – Park Square Barristers

Posted April 2nd, 2015 in appeals, fraud, insurance, news, road traffic, striking out by sally

‘An appeal case from the High Court has clarified the position post-Hussain v Amin Charters in respect of road traffic insurers putting claimants to proof due to concerns about fraud.’

Full story

Park Square Barristers, 31st March 2015

Source: www.parksquarebarristers.co.uk

Easter Break

Posted April 2nd, 2015 in news by sally

There will be no posts over the Easter weekend (Friday 3rd April – Monday 6th April inclusive) during which time the Library will be closed. We will resume posting on Tuesday 7th April.

free+vintage+digital+stamp_many+easter+bunnies

Streamlined forensic reporting – Park Square Barristers

Posted April 2nd, 2015 in evidence, forensic science, news, reports by sally

‘With ever-increasing cutbacks to our legal system, it’s of little surprise that the expensive area of forensic science has been targeted for cost reduction. As such, the introduction of streamlined forensic reporting (SFR) tries to introduce a more cost-effective response to the discovery of forensic material which might link a person to a crime scene.’

Full story

Park Square Barristers, 26th March 2015

Source: www.parksquarebarristers.co.uk

Prisoner ‘absconder policy’ is ruled unlawful by High Court – BBC News

Posted April 2nd, 2015 in fugitive offenders, illegality, news, parole, prisons by sally

‘A government policy to ban inmates with a history of absconding from being transferred to open prisons has been declared unlawful by senior judges.’

Full story

BBC News, 1st April 2015

Source: www.bbc.co.uk

Montgomery Rules following the demise of Sidaway – No. 5 Chambers

Posted April 2nd, 2015 in appeals, birth, consent, hospitals, negligence, news, Scotland, Supreme Court by sally

‘The Supreme Court decision in the case of Montgomery v. Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 sounds the death knell for Sidaway. The Supreme Court comprised of 7 Law Lords has now unequivocally said that Sidaway should not be followed in medical cases where consent is in issue. Allowing the appeal from the Scottish courts by a woman whose baby suffered shoulder dystocia in labour, the Supreme Court held that women have a right to information about ‘any material risk’ in order to make autonomous decisions about how to give birth.’

Full story

No. 5 Chambers, 30th March 2015

Source: www.no5.com

The Care Act 2014: Charging for Care and Support – Doughty Street Chambers

Posted April 2nd, 2015 in costs, disabled persons, elderly, news, social services by sally

‘This paper considers the key changes introduced by the Care Act 2014 (“the Act”) in
relation to charging for care and support, including deferred payments. (It does not
set out each element of the charging scheme, much of which is unchanged).’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Benefit figures arising from cannabis plant confiscation – Park Square Barristers

Posted April 2nd, 2015 in benefits, confiscation, drug offences, news, proceeds of crime by sally

‘Ascribing benefit figures to immature plants is an increasingly common feature of cannabis plant confiscation proceedings.’

Full story

Park Square Barristers, 19th March 2015

Source: www.parksquarebarristers.co.uk

Clinical negligence: patients’ wishes are paramount – Park Square Barristers

Posted April 2nd, 2015 in birth, consent, doctors, hospitals, medical treatment, negligence, news by sally

‘Richard Paige discusses 2 recent decisions which are essential reading for any clinical negligence practitioner: they establish that patients’ wishes are paramount. Doctors must ensure that patients are sufficiently informed and must not censor information.’

Full story

Park Square Barristers, 14th March 2015

Source: www.parksquarebarristers.co.uk

Mental Capacity Law Newsletter – 39 Essex Chambers

Posted April 2nd, 2015 in deprivation of liberty safeguards, mental health, news, Scotland by sally

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, March 2015

Source: www.39essex.com

House of Lords (Expulsion and Suspension) Act 2015 – legislation.go.uk

Posted April 2nd, 2015 in constitutional law, legislation, parliament, peerages & dignities by sally

House of Lords (Expulsion and Suspension) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Adjudication in UK Construction Contracts: A Critical Look – 39 Essex Chambers

‘This brief paper arises out of a 39 Essex Chambers seminar on the 19 March 2015. The title of the Seminar was “Adjudication Enforcement: Time for a Change?”. The seminar comprised two debates. The first debate considered the strengths and weaknesses of adjudication as it stands at the moment. The second debate looked afresh at the Human Rights Act and asked whether or not it might yet impact adjudication. Each debate has a short introduction. This paper is an amalgam of the two introductions.’

Full story (PDF)

39 Essex Chambers, 2nd April 2015

Source: www.39essex.com

The Care Act 2014: Carer’s Needs and Eligibility – Doughty Street Chambers

Posted April 2nd, 2015 in carers, disabled persons, elderly, legislation, news, social services by sally

‘This paper considers the eligibility criteria in relation to carers under the Care
Act 2014 (“the Act”), and what duties and powers local authorities are under
to meet eligible needs. The eligibility provisions in the Act are augmented by
the Care and Support Statutory Guidance of October 2014 (“the Guidance”),
Chapter 6, Assessment and eligibility.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk