Jimmy Savile: detailed investigation reveals reign of abuse across NHS – The Guardian

Posted June 27th, 2014 in child abuse, hospitals, news, sexual offences by sally

‘The minister in charge when Jimmy Savile was appointed to work at Broadmoor psychiatric hospital said she was “shocked, surprised, startled, disgusted”, as details of his catalogue of abuse within the NHS were exposed.’

Full story

The Guardian, 27th June 2014

Source: www.guardian.co.uk

MMR vaccine: lawyers sued for pursuing claim based on link to autism – The Guardian

‘A man is suing his former legal team for pursuing “hopeless claims” based on flawed research into the MMR vaccine, it has emerged.’

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The Guardian, 26th June 2014

Source: www.guardian.co.uk

Dreadlock holiday pay – Hardwicke Chambers

Posted June 26th, 2014 in EC law, employment tribunals, holiday pay, news, remuneration, working time by sally

’10cc were a great band – from a decade of great bands of course – “Dreadlock holiday” an iconic track and I don’t like cricket, no no, I love it. So what a joy to be able to reference this title to a very significant employment case reported last week. How come? Well the pun starts here: (1) the case is Lock v British Gas Trading Limited (2) it is all about holiday pay and (3) employers will dread its implications.’

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Hardwicke Chambers, 10th June 2014

Source: www.hardwicke.co.uk

Hallam Estates v Baker : Extensions of time – time to get along? – Henderson Chambers

Posted June 26th, 2014 in agreements, appeals, civil procedure rules, delay, news, sanctions, time limits by sally

‘Lord Justice Jackson took this appeal as an opportunity to stress the importance of parties acting reasonably in agreeing to extensions of time where court hearings are not disrupted. Whilst one might have expected courts to be less approving of parties granting each other extensions of time following the 1 April 2013 reforms, the contrary appears to be the case: Jackson LJ made it quite clear that “…it was no part of my recommendations that parties should refrain from agreeing reasonable extensions of time, which neither imperil hearing dates nor otherwise disrupt the proceedings” (at [30]).

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Henderson Chambers, 27th May 2014

Source: www.hendersonchambers.co.uk

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – 4 New Square

Posted June 26th, 2014 in consumer protection, contracts, news, regulations, solicitors by sally

‘With over a decade of fairly fundamental regulatory challenges brought about by the Access to
Justice Act 1999, s.58 Courts and Legal Services Act 1990 (Conditional Fee legislation) and more
recently LASPO (Jackson and DBAs), not to mention the overhaul of the Solicitors Code of Conduct to
its present guise of the Handbook in October 2011, one would be forgiven for thinking that the
solicitors profession is already sufficiently regulated without yet more intricate legislation. However,
it seems not. It is now necessary for the profession to get to grips with this latest round of
regulation bestowed upon the profession by Brussels.’

Full story (PDF)

4 New Square, 11th June 2014

Source: www.4newsquare.com

Property mediation in the post-Jackson and the Mitchell world – Hardwicke Chambers

Posted June 26th, 2014 in arbitration, budgets, civil procedure rules, costs, news by sally

‘It has been clear for a while that both politicians and many members of the judiciary have left behind their initial scepticism and now become fervent supporters of formal alternative dispute resolution (ADR) processes, mediation in particular.’

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Hardwicke Chambers, 13th June 2014

Source: www.hardwicke.co.uk

Fruit machines and Blue Monkeys: can administrators be personally liable for converting ROT goods? – 11 Stone Buildings

Posted June 26th, 2014 in administrators, gambling, insolvency, news, title to goods by sally

‘Administrators are often faced with a large number of retention of title (“ROT”) claims from suppliers who demand a quick adjudication of their claim, frequently on the back of incomplete evidence, and in the days immediately following an appointment when administrators’ resources are stretched. The recent decision Blue Monkey Gaming Ltd v Hudson & others [2014] EWHC (Ch)provides some useful guidance for both administrators and ROT claimants.’

Full story (PDF)

11 Stone Buildings, June 2014

Source: www.11sb.com

A peculiar case of priorities – Hardwicke Chambers

Posted June 26th, 2014 in appeals, banking, land registration, mortgages, news, notification by sally

‘In Bank of Scotland v Joseph [2014] EWCA Civ 28, 1 P & Cr 18, the Court of Appeal was faced with an issue of priority in relation to a unilateral notice. It arose out of a rather curious set of facts.’

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Hardwicke Chambers, 4th June 2014

Source: www.hardwicke.co.uk

Do Not Attempt Resuscitation Orders: a duty to consult with the patient – Halsbury’s Law Exchange

Posted June 26th, 2014 in appeals, consultations, hospital orders, news by sally

‘The Court of Appeal has stated that a statement in a patient’s medical notes that resuscitation should not be attempted (a “Do Not Attempt Resuscitation” Order (DNAR)), should usually only be inserted after consultation with the patient: see R (Tracey) v Cambridge University Hospitals NHS Foundation Trust and others.’

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Halsbury’s Law Exchange, 25th June 2014

Source: www.halsburyslawexchange.co.uk

UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

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OUT-LAW.com, 25th June 2014

Source: www.out-law.com

Andy Coulson trial: jurors fail to reach verdicts on remaining charges – The Guardian

‘The trial of Andy Coulson has ended after the jury failed to reach majority verdicts on two remaining counts that he conspired to commit misconduct in public office by paying public officials for the acquisition of royal phone books.’

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The Guardian, 25th June 2014

Source: www.guardian.co.uk

Supreme Court rejects right to die appeals – UK Human Rights Blog

Posted June 26th, 2014 in appeals, assisted suicide, human rights, news, Supreme Court by sally

‘The Supreme Court has declined to uphold a right to die a dignified death. However, a glimmer is is to be found in this judgment in that two out of the seven justices who concluded that it was for the United Kingdom to decide whether the current law on assisted suicide was incompatible with the right to privacy and dignity under Article 8, would have granted such a declaration in these proceedings., particularly where the means of death was one that could have been autonomously operated by the disabled appellant, leaving no doubt as to the voluntary and rational nature of his decision.’

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UK Human Rights Blog, 25th June 2014

Source: www.ukhumanrightsblog.com

Payout over Amy Carter’s hospital death – BBC News

Posted June 26th, 2014 in compensation, hospitals, news by sally

‘The parents of a Worcestershire 15-year-old who died from septicaemia have said they feel “bitterly disappointed” a hospital trust has not fully accepted responsibility for her death.’

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BBC News, 26th June 2014

Source: www.bbc.co.uk

Top judges raise concern over plan to restrict judicial review challenges – The Guardian

Posted June 26th, 2014 in bills, human rights, judges, judicial review, news, select committees by sally

‘Restrictions on judicial review challenges may be motivated more by a desire to avoid political embarrassment than the need to save money, a senior judge has suggested.’

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The Guardian, 25th June 2014

Source: www.guardian.co.uk

Children: Private Law Update – Family Law Week

Posted June 25th, 2014 in children, divorce, families, news by sally

‘Alex Verdan QC of 4 Paper Buildings considers recent judgment in private law children cases.’

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Family Law Week, 25th June 2014

Source: www.familylawweek.co.uk

Policing Social Media – BBC Law in Action

Posted June 25th, 2014 in bullying, harassment, internet, news, podcasts, police by sally

‘Cases of cyber-bullying on social media are becoming more and more common – and the police are often the first to hear about them. On this week’s Law in Action, Joshua Rozenberg asks just how much time are the police spending on dealing with social media disputes?’

Listen

BBC Law in Action, 24th June 2014

Source: www.bbc.co.uk

Unified Patent Court Consultation – NIPC Law

Posted June 25th, 2014 in consultations, courts, news, patents by sally

‘As I said in How the Intellectual Property Act 2014 changes British Patent Law 21 June 2014 JD Supra, the most important provision of the Intellectual Property Act 2014 is s.17 which inserts a new s.88A into the Patents Act 1977. That section confers power on the Secretary of State to make provision in the UK for the Agreement on a Unified Patent Court.’

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NIPC Law, 25th June 2014

Source: www.nipclaw.blogspot.co.uk

Barrister to be disbarred for dishonesty – Bar Standards Board

Posted June 25th, 2014 in barristers, disciplinary procedures, dismissal, news by sally

‘A barrister who lied about her employment status and history, with the intention of gaining financially, was last week ordered by an independent disciplinary tribunal to be disbarred from the profession.’

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Bar Standards Board, 24th June 2014

Source: www.barstandardsboard.org.uk

Theresa May pushes for greater surveillance powers – BBC News

Posted June 25th, 2014 in electronic mail, intelligence services, internet, news, police by sally

‘Theresa May is continuing to push for a change in the law to give police and security services the power to access email and social media.’

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BBC News, 25th June 2014

Source: www.bbc.co.uk

Campaigners lose ‘right to die’ case – BBC News

‘Campaigners have lost their appeal at the UK’s highest court over the right to die.’

Full story

BBC News, 25th June 2014

Source: www.bbc.co.uk