Grayling’s legal aid reforms ‘irrational’, Law Society argues – Law Society’s Gazette

Posted January 16th, 2015 in contracts, judicial review, Law Society, legal aid, news, tenders by sally

‘The lord chancellor’s decision to start a tender process for legal aid crime duty contracts is unlawful because it is “irrational”, “disproportionate” and based on a “manifest error”, the Law Society will argue in the High Court.’

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Law Society’s Gazette, 15th January 2015

Source: www.lawgazette.co.uk

EVENT: IALS – Whistleblowers: Better Off in the UK or Elsewhere in the EU?

Posted January 16th, 2015 in Forthcoming events by sally

‘The Public Interest Disclosure Act 1998 is currently subject to a Government Consultation. Sections 17-20 of the Enterprise and Regulatory Reform Act 2013 have introduced a series of changes. Meanwhile, the European Ombudsman has asked “what are the EU Institutions doing to protect whistleblowers?” We ask whether whistleblowing legislation is working here and in Europe and what more needs to be done to encourage, support and protect those who disclose information in the public interest.’

Date: 2nd February 2015, 2.00-6.00pm

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.

Preacher Allan Cundick jailed for child sex attacks – BBC News

Posted January 16th, 2015 in child abuse, news, sentencing, sexual offences by sally

‘A preacher found guilty of indecently assaulting two girls aged between nine and 16 has been jailed for four-and-a-half years.’

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BBC News, 15th January 2015

Source: www.bbc.co.uk

Law Society wins groundbreaking injunction against struck-off solicitor – Legal Futures

Posted January 16th, 2015 in disciplinary procedures, injunctions, Law Society, news, solicitors by sally

‘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.’

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Legal Futures, 16th January 2015

Source: www.legalfutures.co.uk

Website operators can prohibit ‘screen scraping’ of unprotected data via terms and conditions, says EU court in Ryanair case – OUT-LAW.com

Posted January 16th, 2015 in airlines, database right, EC law, electronic commerce, internet, news by sally

‘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.’

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OUT-LAW.com, 15th January 2015

Source: www.out-law.com

Proportionality rule bites as High Court slashes costs claim by more than half – Litigation Futures

Posted January 16th, 2015 in barristers, fees, news, proportionality, solicitors by sally

‘The High Court has more than halved a successful party’s costs on summary assessment on the basis of proportionality, with the fees charged by the partner running the case hit particularly hard.’

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Litigation Futures, 16th January 2015

Source: www.litigationfutures.com

How to apply the DPA – Panopticon

Posted January 16th, 2015 in data protection, disclosure, freedom of information, necessity, news by sally

‘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).’

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Panopticon, 15th January 2015

Source: www.panopticonblog.com

Is there a maximum award for general damages arising under contract? – NearlyLegal

Posted January 16th, 2015 in damages, defective premises, news, repairs, representative actions by sally

‘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.’

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NearlyLegal, 15th January 2015

Source: www.nearlylegal.co.uk

EVENT: IALS – The (I)legitimacy of the Duty of Loyalty for Corporate Boards

Posted January 16th, 2015 in Forthcoming events by sally

‘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.

Criminal Acts and Compensation – Zenith PI Blog

Posted January 16th, 2015 in compensation, ex turpi causa, news, personal injuries by sally

‘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.’

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Zenith PI Blog, 15th January 2015

Source: www.zenithpi.wordpress.com

Primary school caretaker found with over 600 child abuse images walks free from court – The Independent

Posted January 16th, 2015 in community service, indecent photographs of children, news, sentencing by sally

‘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.”’

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The Independent, 15th January 2015

Source: www.independent.co.uk

Men jailed after man lost eye in Birmingham belt attack – BBC News

Posted January 16th, 2015 in grievous bodily harm, news, sentencing by sally

‘Two men who attacked a man with his own belt in a “savage” street assault in which he lost an eye have been jailed.’

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BBC News, 15th January 2015

Source: www.bbc.co.uk

EVENT: IALS – “Does privacy matter?”

Posted January 16th, 2015 in Forthcoming events by sally

‘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.

Sikh wins compensation over prison turban challenge – Daily Telegraph

Posted January 16th, 2015 in compensation, news, prisons, religious discrimination, Sikhism, solicitors by sally

‘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.’

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Daily Telegraph, 15th January 2015

Source: www.telegraph.co.uk

Fake Help for Heroes collection ‘soldier’ Liam O’Brien jailed – BBC News

Posted January 16th, 2015 in armed forces, charities, fraud, handling stolen goods, news, sentencing by sally

‘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.’

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BBC News, 15th January 2015

Source: www.bbc.co.uk

Attorney general unable to review teacher-pupil sex sentence – The Guardian

‘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.’

Full story

The Guardian, 15th January 2015

Source: www.guardian.co.uk

EVENT: IALS – Family Law Reform: Why is it so Hard to Move Beyond Reports? What Can We do? What Can You Do?

Posted January 15th, 2015 in Forthcoming events by sally

‘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.

Connor Doughton gets life sentence for Michael Lee Emmett murder – BBC News

Posted January 15th, 2015 in alcohol abuse, learning difficulties, murder, news, sentencing by sally

‘A teenager who murdered a father-of-three has been told he will spend at least 15 years behind bars.’

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BBC News, 15th January 2015

Source: www.bbc.co.uk

HMRC Dishonesty Allegation “seriously flawed” – RPC Tax Take

Posted January 15th, 2015 in banking, fraud, HM Revenue & Customs, news, taxation, tribunals, VAT by sally

‘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.’

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RPC Tax Take, 14th January 2015

Source: www.rpc.co.uk

BAILII: Recent Decisions

Posted January 15th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

High Court (Queen’s Bench Division)

High Court (Administrative Court)

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