‘The Law Society has obtained a groundbreaking injunction that prevents a struck-off solicitor from holding himself out as a solicitor or being involved in a law firm without its approval.’
Legal Futures, 16th January 2015
Source: www.legalfutures.co.uk
‘Online aggregators that engage in ‘screen scraping’ face a threat to their business models following a ruling by the EU’s highest court, an expert has said.’
OUT-LAW.com, 15th January 2015
Source: www.out-law.com
‘Section 40 of FOIA is where the Freedom of Information Act (mantra: disclose, please) intersects with the Data Protection Act 1998 (mantra: be careful how you process/disclose, please).’
Panopticon, 15th January 2015
Source: www.panopticonblog.com
‘The case of Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC) is a bit off the housing law beaten track and as a result I have only recently got round to reading it properly. It concerned s.1, Defective Premises Act 1974, which is the statutory provision that enables any person with an interest in a dwelling to sue the person responsible for building the dwelling, or carrying out any work in connection with the dwelling, where the dwelling is not fit for human habitation when the work is completed.’
NearlyLegal, 15th January 2015
Source: www.nearlylegal.co.uk
‘The reformulated duty of loyalty now found in section 172 of the Companies Act 2006 has generated debate about what is the best reading of the duty, the most fundamental aspect of which is whether this behavioural standard obliges a narrow focus on financial capital or a broader notion of well-being and inclusiveness amongst non-shareholder interests. This research argues that the law as a privileged and constitutive way of society-making can only be understood within a broader conceptual framework rather than the more traditional expository analysis of law. The context in which such an analysis takes place is that of the anti-collectivist, market-based political project of neoliberalsm. When viewed through this explanatory lens we see very clearly that English legal doctrine entrenches a relationship between managers and shareholders. In doing so the research shows that the extraction of private benefits of control by shareholders is not an inevitable occurrence, but a decades-long, human created, and contingent phenomena. While non-shareholder language is introduced into the duty, this precatory element is merely a potential source of legitimacy to the ideology of the company as a private, exclusively shareholder-oriented enterprise.’
Date: 19th February 2015, 12.30-1.30pm
Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR
Charge: Free, registration required
More information can be found here.
‘The recent case of AB v Chief Constable of X Constabulary provided the High Court with an opportunity to review the doctrine of ex turpi causa and its application in personal injury cases.’
Zenith PI Blog, 15th January 2015
Source: www.zenithpi.wordpress.com
‘A 55-year-old primary school caretaker walked free from Cardiff Crown court, claiming possessing over 600 child abuse images was “just a morbid curiosity.”’
The Independent, 15th January 2015
Source: www.independent.co.uk
‘Two men who attacked a man with his own belt in a “savage” street assault in which he lost an eye have been jailed.’
BBC News, 15th January 2015
Source: www.bbc.co.uk
‘This Public Lecture, followed by a reception, marks the launch the new Centre for Law and Information Policy at the Institute of Advanced Legal Studies.’
Date: 24th February 2015, 6.00-8.00pm
Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR
Charge: See website for details
More information can be found here.
‘A Sikh solicitor has won undisclosed compensation after being barred from entering a prison to visit a client because he had pins in his turban.’
Daily Telegraph, 15th January 2015
Source: www.telegraph.co.uk
‘A Wiltshire man who posed as a serving soldier and falsely claimed to be collecting money for the charity Help for Heroes has been jailed.’
BBC News, 15th January 2015
Source: www.bbc.co.uk
‘A judge who gave a teacher a suspended sentence after suggesting he had been “groomed” by a pupil he was convicted of having sex with is to face an official investigation. Stuart Kerner, 44, was found guilty last month of two counts of sexual activity with a child by a person in a position of trust. But on Wednesday, he was given a suspended 18-month sentence by Joanna Greenberg QC, who said it was clear that his 16-year-old victim was obsessed with him.’
The Guardian, 15th January 2015
Source: www.guardian.co.uk
‘The Family Law Justice System restructures families and family life. Reports in countless jurisdictions have been critical of the Family Law Justice System. These reports have diagnosed a myriad of problems, (including delay, expense, self-representation, exacerbation of conflict, lack of judicial continuity), called for change, and highlight a broad range of Access to Justice issues. Why is change so hard to effect? What can we do? What can you do?’
Date: 25th March 2015, 6.00-8.00pm
Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR
Charge: Free, registration required
More information can be found here.
‘A teenager who murdered a father-of-three has been told he will spend at least 15 years behind bars.’
BBC News, 15th January 2015
Source: www.bbc.co.uk
‘The First-tier Tribunal (Tax Chamber) (“FTT”) has ruled, in Citibank NA v Revenue and Customs Commissioners, that HMRC’s pleadings were “seriously flawed”. When alleging fraud against a taxpayer, HMRC must clearly plead that the taxpayer had a dishonest state of mind.’
RPC Tax Take, 14th January 2015
Source: www.rpc.co.uk
Court of Appeal (Criminal Division)
High Court (Queen’s Bench Division)
High Court (Administrative Court)
Law Society of England and Wales v Shah [2014] EWHC 4382 (Ch); [2015] WLR (D) 5
‘The supervisory jurisdiction embodied in section 50 of the Solicitors Act 1974 could not be invoked by the Law Society in the case of a solicitor who may have pretended to be one, but who had not necessarily done so, who denied doing so, and had not been cross-examined on the issue. Section 41(4)(c) of the 1974 Act was wide enough to enable the court to grant an order against a struck off former solicitor, which could be framed so as to restrain him from committing criminal acts, namely that of acting as a solicitor when disqualified, or carrying on a reserved legal activity without entitlement to do so.’
WLR Daily, 12th January 2015
Source: www.iclr.co.uk
‘Clive Anderson and guests ask why Britain, unlike many other countries in the world, has no general law which requires people to behave like good Samaritans, punishing those who fail to help others in trouble.’
BBC Unreliable Evidence, 14th January 2015
Source: www.bbc.co.uk
‘There are increasing numbers of post-April 2013 personal injury settlements being reported, many of which contain specific reference to the damages figure including the 10% uplift provided for by Simmons v Castle [2012] EWCA Civ 1288.’
Zenith PI Blog, 13th January 2015
Source: www.zenithpi.wordpress.com
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