Precedent H to be amended in CPR update but no news yet on costs management limit – Litigation Futures

Posted March 6th, 2014 in budgets, civil procedure rules, costs, news, time limits by sally

‘The statement of truth to be used in verifying a costs budget is to be changed, the latest update to the Civil Procedure Rules has revealed – but there is no word as yet about whether the level at which the costs management exemption kicks in will be increased.’

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Litigation Futures, 6th March 2014

Source: www.litigationfutures.com

Senior judges lay bare hostility to government’s court fee rises – Litigation Futures

Posted March 6th, 2014 in consultations, courts, fees, judiciary, news by sally

‘The senior judiciary has dismantled the government’s proposals to raise court fees, questioning the underlying policy, highlighting the “clearly inadequate” evidence and warning that introducing enhanced fees in commercial cases is “unworkable”.’

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Litigation Futures, 5th March 2014

Source: www.litigationfutures.com

Cuts to legal aid: seeking permission for judicial review – CrimeLine

Posted March 6th, 2014 in judicial review, legal aid, news, parole, prisons by sally

‘Two charities will go to court tomorrow (6 March) to seek permission to challenge the government’s decision to cut legal aid for prisoners.’

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CrimeLine, 5th March 2014

Source: www.crimeline.info

Derek Williams jailed over abuse images and bestiality videos – BBC News

Posted March 6th, 2014 in indecent photographs of children, news, recidivists, sentencing by sally

‘A paedophile previously spared prison because of overcrowding has been jailed for downloading child abuse images and videos of bestiality.’

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BBC News, 5th March 2014

Source: www.bbc.co.uk

Stephen Lawrence: report on police corruption allegations to be published – The Guardian

Posted March 6th, 2014 in corruption, inquiries, news, police, reports by sally

‘A report into allegations that police corruption shielded the racist mob that murdered Stephen Lawrence will be published on Thursday by the Home Office. The report was ordered by the home secretary after pressure from Lady Lawrence, Stephen’s mother. She has always believed corruption played a part in police failings and hopes the new report will lead to a fresh official inquiry.’

Full story

The Guardian, 5th March 2014

Source: www.guardian.co.uk

‘Regressive attitudes’ hold up stop and search changes – BBC News

Posted March 6th, 2014 in London, news, police, stop and search by sally

‘Plans to limit police stop and search powers in England and Wales have been held up by “regressive” attitudes in Downing Street, senior Conservatives have told BBC Newsnight.’

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BBC News, 6th March 2014

Source: www.bbc.co.uk

Beth Warren waits on sperm legal fight result – BBC News

‘The High Court will rule later on a widow’s attempt to prevent her dead husband’s sperm from being destroyed.’

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BBC News, 6th March 2014

Source: www.bbc.co.uk

Sharing Risk in Collective Actions – Competition Bulletin from Blackstone Chambers

Posted March 5th, 2014 in class actions, competition, consultations, costs, damages, news by sally

‘Readers of this blog will be familiar with the Government’s announcement, following the conclusion last year of its consultation on private actions in competition law, that it intends to introduce an “opt out” regime for collective competition law actions. In brief, unless they specifically choose to opt out, UK-domiciled consumers and businesses will automatically be included as claimants in collective actions, provided they satisfy the criteria for membership set by the Competition Appeal Tribunal when it certifies the class. One of the particular policy objectives behind this proposal is to empower small businesses and consumers to seek redress in respect of anti-competitive behaviour. The combination of the complexity and cost of seeking such redress is seen currently to form an almost insurmountable hurdle to all but the largest claims.’

Full story

Competition Bulletin from Blackstone Chambers,

Source: www.competitionbulletin.com

Anthony White Estates Ltd v National Grid Electricity Transmission plc – WLR Daily

Posted March 5th, 2014 in appeals, compensation, contracts, energy, law reports, news, sale of land, valuation by sally

Anthony White Estates Ltd v National Grid Electricity Transmission plc [2014] EWCA Civ 216; [2014] WLR (D) 108

‘Fair compensation payable to a landowner in respect of the grant of statutory wayleave for an electricity power line, pursuant to paragraphs 6 and 7 of Schedule 4 to the Electricity Act 1989, was to be calculated by reference to the loss in value of the land and the principle of equivalence. Where a landowner had entered into a contract for the sale of land, which was conditional on the termination of an existing contractual wayleave for a power line and the removal of the line, and the Secretary of State had granted a statutory wayleave on the termination of the contractual one, the compensation to which the landowner was entitled was the difference between the contract price for the land in question at the valuation date and the open market value of the land once the statutory wayleave had been granted.’

WLR Daily, 3rd March 2014

Source: www.iclr.co.uk

The Termination of Parental Responsibility: Awaiting the Court of Appeal’s Judgment in the Appeal of CW v SG [2013] EWHC 854 (Fam) – Family Law Week

Posted March 5th, 2014 in appeals, children, family courts, news, parental responsibility by sally

‘Esther Lieu, barrister of Queen Square Chambers in Bristol, explores the circumstances in which parental responsibility may be terminated and considers the effect of s.4(2A) in anticipation of the Court of Appeal’s judgment in the appeal from CW v SG.’

Full story

Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

Statutory guidance on legal education and training – Legal Services Board

Posted March 5th, 2014 in consultations, legal education, Legal Services Board, news by sally

‘The Legal Services Board (LSB) consulted in September 2013 on proposed statutory guidance for
education and training, in advance of regulators proceeding with detailed plans for implementation
of the Legal Education and Training Review (LETR) which itself was initiated following the LSB
Chairman’s Upjohn Lecture of October 2010.’

Full story

Legal Services Board, 4th March 2014

Source: www.legalservicesboard.org.uk

Reporting Restrictions and the New Transparency – Part 2 – Family Law Week

‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’

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Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

Basically, we are all… – NearlyLegal

‘Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world.’

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NearlyLegal, 4th March 2014

Source: www.nearlylegal.co.uk

Registered Community Designs: Magmatic Ltd v PMS International Ltd – NIPC Law

Posted March 5th, 2014 in appeals, intellectual property, interpretation, news, trade marks by sally

‘In Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013) Mr Justice Arnold held that PMS International Ltd (“PMS”) had infringed registered Community design number 43427-0001 (“the RCD”), some of Magmatic Ltd (“Magmatic”)’s design rights and Magmatic’s literary copyright in its safety notice. Magmatic appealed to the Court of Appeal on the grounds that the judge fell into error in finding infringement of the RCD in that he had wrongly interpreted the RCD and improperly excluded from his consideration various aspects of the design of Magimax’s product. In Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 181 (28 Feb 2014) the Court of Appeal (Lords Justices Moses and Kitchin and Lady Justice Black) allowed the appeal.’

Full story

NIPC Law, 4th March 2014

Source: www.nicplaw.blogspot.co.uk

COIC tribunals review: progress update – Bar Standards Board

Posted March 5th, 2014 in barristers, disciplinary procedures, inns of court, news, tribunals by sally

‘The Bar Standards Board has today [3 March] published an update on the contract management arrangements relating to COIC/BTAS (Council of the Inns of Court / Bar Tribunals and Adjudication Service) and the progress against the recommendations set out in the Browne report of 2012.’

Full story

Bar Stardards Board, 3rd March 2014

Source: www.barstandardsboard.org.uk

Psychological abuse ‘should be a made crime’ – BBC News

Posted March 5th, 2014 in domestic violence, news, women by sally

‘Psychological abuse should be made a crime in England and Wales in order to save more victims of domestic violence, campaigners have said.’

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BBC News, 5th March 2014

Source: www.bbc.co.uk

Court of appeal to decide whether heavy drinking while pregnant is a crime – The Guardian

‘A pioneering compensation claim on behalf of a child who was severely damaged by her mother’s heavy drinking during pregnancy is to go before the court of appeal.’

Full story

The Guardian, 4th March 2014

Source: www.guardian.co.uk

Northampton man has sentence increased to life for brutal rape – Attorney General’s Office

Posted March 5th, 2014 in appeals, grievous bodily harm, news, rape, sentencing by sally

‘Gintas Burinskas’ sentence becomes one of life imprisonment with a minimum term of 6 years.’

Full story

Attorney General’s Office, 4th March 2014

Source: www.gov.uk/ago

Outcry after judge imprisons child sex victim for 20 hours – Daily Telegraph

Posted March 5th, 2014 in children, detention, news, sexual grooming, sexual offences, witnesses by sally

‘A teenage victim of sexual abuse was locked up in police cells overnight after she refused to give evidence in court against her attacker’

Full story

Daily Telegraph, 5th March 2014

Source: www.telegraph.co.uk

Bringing bankers to book – BBC Law in Action

Posted March 5th, 2014 in banking, fraud, news, prosecutions by sally

‘Why have no senior bankers been prosecuted for their role in the financial crisis? And should companies be able to avoid criminal prosecution by making a deal with a judge about how they work in future? The man who runs the Serious Fraud Office will be in the Law In Action studio to answer those questions and more as the programme returns for a new series.’

Listen

BBC Law in Action, 4th March 2014

Source: www.bbc.co.uk