Pro bono – what lies ahead in 2015? – The Future of Law

Posted January 8th, 2015 in law centres, law firms, legal aid, news, pro bono work by sally

‘2015 looks set to be a critical year for the pro bono movement and its uneasy relationship with legal aid. The well-worn pro bono mantra – that pro bono is “an adjunct to and not a replacement for legal aid” – has been challenged in recent years. The Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) effectively scrapped public funding for much of social welfare law advice in April 2013 and the legal profession is finally beginning to rethink the formula. Legal aid lawyers are rightly sceptical about ministers trying to co-opt pro bono – but LASPO 2012 is a game-changer.’

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The Future of Law, 7th January 2015

Source: http://blogs.lexisnexis.co.uk

Ched Evans: the legal issues – Halsbury’s Law Exchange

‘The “innocent man wrongly imprisoned who fights a valiant struggle to secure his freedom” is a long used trope in our culture. The hero is normally a sympathetic figure, heroically taking on the establishment.’

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Halsbury’s Law Exchange, 7th January 2015

Source: www.halsburyslawexchange.co.uk

Woman brings boyfriend to justice after remembering attack with hypnosis – Daily Telegraph

Posted January 8th, 2015 in assault, domestic violence, news, psychiatric damage by sally

‘Zoe Dronfield only remembers brutal attack by Jason Smith in Coventry, West Midlands, after she was hypnotised into reliving traumatic ordeal.’

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Daily Telegraph, 6th January 2015

Source: www.telegraph.co.uk

Parents’ legal aid wait to fight enforced adoption of son inhumane, says judge – The Guardian

Posted January 8th, 2015 in adoption, delay, learning difficulties, legal aid, legal representation, news by sally

‘A couple left in “agony” to fight against the enforced adoption of their three-year-old son could be forgiven for thinking they are trapped in a system which is “neither compassionate nor even humane,” the most senior family court judge in England and Wales has said.’

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The Guardian, 7th January 2015

Source: www.guardian.co.uk

Detention: the black hole at the heart of British justice – The Independent

Posted January 8th, 2015 in asylum, bills, detention, immigration, news, time limits by sally

‘It has been described as the “black hole at the heart of British justice”. Thousands of people, most of whom have been convicted of no crime, detained for as long as government officials wish.’

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The Independent, 6th January 2015

Source: www.independent.co.uk

Rape trials rise by 30% as courts fight to clear caseload – The Guardian

Posted January 8th, 2015 in Crown Prosecution Service, news, police, prosecutions, rape, victims by sally

‘Prosecutors are experiencing a 30% surge in the number of rape trials as courts struggle to cope with a backlog of historical allegations and fresh cases.’

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The Guardian, 8th January 2015

Source: www.guardian.co.uk

THE REAL ADVANTAGES AND RISKS OF PART 36 – Zenith PI Blog

‘In Downing v Peterborough & Stamford NHS Foundation Trust [2014]EWHC 4216 (QB) heard by Sir David Eady on 12th December 2014 the Claimant received an additional £75,000 in damages after beating its own Part 36 offer.’

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Zenith PI Blog, 5th January 2015

Source: www.zenithpi.wordpress.com

Injunctions against ISPs Part VIII: Cartier International AG and Others v British Sky Broadcasting Ltd and Others – NIPC Law

‘In Cartier International AG and Others v British Sky Broadcasting Ltd and Others [2014] EWHC 3354 (Ch), [2014] WLR(D) 464 three of the subsidiaries of Compagnie Financière Richemont SA applied to Mr Justice Arnold for injunctions against the five largest internet service providers.’

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NIPC Law, 6th January 2015

Source: www.nipclaw.blogspot.co.uk

Challenging a Refusal of Permission to Appeal by the Upper Tribunal (Administrative Appeals Chamber) in a Welfare Benefits Case – A Practice Note – Garden Court Chambers Blog

‘Desmond Rutledge provides a practice note on challenging a refusal of permission to appeal by the Upper Tribunal (Administrative Appeals Chamber) in a welfare benefits case.’

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Garden Court Chambers Blog, 6th January 2015

Source: www.gclaw.wordpress.com

Is the Cart-threshold being set too high? – Garden Court Chambers Blog

‘Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test.’

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Garden Court Chambers, Blog, 6th January 2015

Source: www.gclaw.wordpress.com

Judicial toolkit for dealing with miscreant immigration lawyers – Free Movement

Posted January 7th, 2015 in appeals, barristers, immigration, judicial review, news, solicitors, witnesses by sally

‘The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing saga of how far out of country appeals are an adequate remedy (relevant but far from determinative in the context of the very different statutory context of section 94B “deport first appeal later” certificates) and the current President’s impatience with the conduct of judicial review proceedings (see also Muwonge). The judgment goes a lot further than that though, and the headnote is very far from a complete guide to the case.’

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Free Movement, 7th January 2015

Source: www.freemovement.org.uk

NHS trust fined £180,000 after patient suffers burns from overheated mattress – Local Government Lawyer

‘An NHS trust was fined £180,000 before Christmas after a patient suffered severe burns from a warming mattress.’

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Local Government Lawyer, 6th January 2015

Source: www.localgovernmentlawyer.co.uk

Law Society questions value of cab-rank rule – Legal Futures

Posted January 7th, 2015 in barristers, contracts, fees, Law Society, legal representation, news, solicitors by sally

‘The Law Society has responded to a Bar Standards Board (BSB) call for evidence on the cab-rank rule by questioning its “operational value”.’

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Legal Futures, 7th January 2015

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 7th, 2015 in legislation by sally

The Banks and Building Societies (Depositor Preference and Priorities) Order 2014

The Bank Recovery and Resolution Order 2014

The Public Service Pensions Act 2013 (Commencement No. 6, Saving Provision and Amendment) Order 2015

The Fishing Boats (Satellite-Tracking Devices and Electronic Reporting) (England) (Amendment) Scheme 2014

Source: www.legislation.gov.uk

Using the Inherent Jurisdiction to Disrupt Child Sexual Exploitation – Family Law Week

Posted January 7th, 2015 in children, injunctions, news, sexual grooming, sexual offences, victims, young persons by sally

‘Heather Popley, barrister of No 5 Chambers, examines the innovative use of civil injunctions in the recent Birmingham case.’

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Family Law Week, 30th December 2015

Source: www.familylawweek.co.uk

The Separate Representation of Children in Child Abduction Proceedings – Family Law Week

Posted January 7th, 2015 in appeals, child abduction, children, delay, legal representation, news, Supreme Court by sally

‘Esther Lieu, barrister of 3PB Chambers, explores how the role of children has developed Hague Convention child abduction proceedings.’

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Family Law Week, 6th January 2015

Source: www.familylawweek.co.uk

Wellers’ child privacy case: Peers urged to change law – BBC News

Posted January 7th, 2015 in children, families, media, news, photography, privacy by sally

‘Parliament has been urged to make it illegal to publish photos of children without their parents’ consent. It follows a campaign by the wife of the rock star Paul Weller, who won a high court battle last year over unpixelated photos of their children published by a newspaper website.’

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BBC News, 6th January 2015

Source: www.bbc.co.uk

Ched Evans: Attorney general’s office probe into website – BBC News

‘The attorney general’s office is considering whether a website supporting convicted rapist Ched Evans breached contempt of court laws.’

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BBC News, 6th January 2014

Source: www.bbc.co.uk

Home Office agrees to fund search for Ben Needham – The Guardian

Posted January 7th, 2015 in child abduction, children, Greece, missing persons, news by sally

‘The Home Office has agreed to fund a team of British detectives to help search for toddler Ben Needham who went missing in Greece more than 20 years ago.’

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The Guardian, 6th January 2015

Source: www.guardian.co.uk

Publication of Chilcot report delayed over criticisms of Blair government – The Guardian

Posted January 7th, 2015 in news, reports, war, war crimes by sally

‘The long-awaited Chilcot report on the 2003 invasion of Iraq is being held up by rows over criticisms of leading figures in the Blair government and will almost certainly not be published until after the general election, the Guardian has learned. That scenario emerged on Tuesday after former Conservative foreign secretary Lord Hurd described the way the inquiry had dragged on went beyond questions of mere negligence and forgiveable delay. “It is becoming a scandal”, he told peers. He added: “This is not something of trivial importance. It is something of which a large number of people in this country look anxiously for truth.” ‘

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The Guardian, 6th January 2015

Source: www.guardian.co.uk