High Court ruling will create new market for pensions debts, says expert – OUT-LAW.com

Posted December 5th, 2014 in debts, insolvency, news, pensions, trusts, winding up by sally

‘A new market for trading the pension debts of insolvent companies will be created as a result of a recent High Court ruling. The ruling will also result in more efficient, earlier winding up of pension schemes when companies go out of business.’

Full story

OUT-LAW.com, 4th December 2014

Source: www.out-law.com

‘Better than nothing… helpful… mad as a bag of frogs’: judges on McKenzie Friends –

Posted December 5th, 2014 in family courts, litigants in person, McKenzie friends, news, reports by sally

‘A new report on litigants in person in private family law cases has added to concerns over the value and legitimacy of McKenzie Friends in the legal services market. The report, commissioned and published by the Ministry of Justice, into litigants in person in the family courts (here) found the Legal Services Consumer Panel’s recommendation that professional McKenzie Friends be recognised as a legitimate part of the market (reported here) ‘somewhat surprising’.’

Full story

LegalVoice, 4th December 2014

Source: www.legalvoice.org.uk

Mother loses action over decision by ombudsman not to investigate records loss – Local Government Lawyer

Posted December 5th, 2014 in hospitals, judicial review, medical records, news, ombudsmen by sally

‘The mother of a woman who died as an inpatient at a London hospital has lost a High Court challenge against the Parliamentary and Health Services Ombudsman (PHSO) over its refusal to investigate the loss of her daughter’s medical records.’

Full story

Local Government Lawyer, 4th December 2014

Source: www.localgovernmentlawyer.co.uk

Swearing man ‘risks life in prison’ after 176 convictions – BBC News

Posted December 5th, 2014 in ASBOs, news, public order, sentencing by sally

‘A man with 176 convictions for repeated foul-mouthed outbursts risks spending the rest of his life in prison.’

Full story

BBC News, 4th December 2014

Source: www.bbc.co.uk

NAO questions whether legal aid reforms have delivered better value for money – Free Movement

Posted December 5th, 2014 in budgets, legal aid, news, reports by sally

‘On 20 November 2014, the National Audit Office – the independent Parliamentary body responsible for scrutinising the way in which the government spends public money – published a report on the implementation of the post-2010 civil legal aid reforms. Its central conclusion is an unsurprising one: while spending on civil legal aid has been reduced significantly, the Ministry of Justice failed properly to consider the wider impact of the reforms before implementing them.’

Full story

Free Movement, 5th December 2014

Source: www.freemovement.org.uk

How much?! Damages for unlawfully evicted secure tenants – NearlyLegal

Posted December 5th, 2014 in damages, housing, local government, news, repossession by sally

‘So, if a local authority unlawfully evicts a secure tenant (and yes, it happens) what should the measure of damages be? Under s.27 and s.28 Housing Act 1988, damages fall to be assessed under a valuation exercise, governed – so far as is relevant to this case – by s.28(1).’

Full story

NearlyLegal, 4th December 2014

Source: www.nearlylegal.co.uk

BSB apologises for failing to review contractual terms and cab-rank rule – Legal Futures

Posted December 5th, 2014 in barristers, contracts, Legal Services Board, news by sally

‘Vanessa Davies, director of the Bar Standards Board (BSB), has apologised “for any impression that may have been created that we do not take our regulatory obligations seriously” after the BSB failed to launch a review of the standard contractual terms and the cab-rank rule.’

Full story

Legal Futures, 5th December 2014

Source: www.legalfutures.co.uk

Child sex abuse inquiry in crisis as victims walk away – Daily Telegraph

Posted December 5th, 2014 in child abuse, conflict of interest, inquiries, news, sexual offences, victims by sally

‘Theresa May, the Home Secretary, is told her inquiry is “not fit for purpose”.’

Full story

Daily Telegraph, 4th December 2014

Source: www.telegraph.co.uk

Duncroft School: No prosecutions over Jimmy Savile inquiry – BBC News

Posted December 5th, 2014 in child abuse, news, prosecutions, sexual offences, teachers by sally

‘No charges will be brought against former staff at a school in Surrey where Jimmy Savile abused girls.’

Full story

BBC News, 4th December 2014

Source: www.bbc.co.uk

Oldest surviving law faces repeal after 747 years – BBC News

Posted December 5th, 2014 in debts, news, repeals, statute law revision by sally

‘Some of the oldest surviving legislation on Britain’s statute books is set to be repealed after 747 years.’

Full story

BBC News, 5th December 2014

Source: www.bbc.co.uk

Fake sheikh Mazher Mahmood cases to be reviewed by CPS – The Guardian

Posted December 5th, 2014 in evidence, miscarriage of justice, news, perjury, prosecutions by sally

‘Criminal convictions in 25 cases are to be re-examined over concerns about evidence provided by the undercover Sun on Sunday reporter Mazher Mahmood.’

Full story

The Guardian, 4th December 2014

Source: www.guardian.co.uk

Dalsouple Societe Saumuroise du Caoutchouc v Dalsouple Direct Ltd and another – WLR Daily

Posted December 4th, 2014 in consent, EC law, law reports, news, standard of proof, trade marks by sally

Dalsouple Societe Saumuroise du Caoutchouc v Dalsouple Direct Ltd and another [2014] EWHC 3963 (Ch); [2014] WLR (D) 511

‘A person consenting to the registration of a trade mark for the purposes of article 4(5) of Parliament and Council Directive 2008/95/EC must unequivocally demonstrate his intention to renounce his rights. An express statement of consent would satisfy that requirement.’

WLR Daily, 1st December 2014

Source: www.iclr.co.uk

Venn v Secretary of State for Communities and Local Government and others – WLR Daily

Posted December 4th, 2014 in appeals, civil procedure rules, costs, law reports, news, treaties by sally

Venn v Secretary of State for Communities and Local Government and others [2014] EWCA Civ 1539; [2014] WLR (D) 513

‘Where a case fell within article 9(3) of the Aarhus Convention but was not a claim for judicial review and therefore not an “Aarhus Convention claim” within CPR r 45.41 it would be inappropriate for the court to relax the usual principles applying to the making of protective costs orders by nevertheless applying the costs protection regime introduced by rule 45.41.’

WLR Daily, 27th November 2014

Source: www.iclr.co.uk

EVENT: UCL – Habeas Corpus and the Rule of Law

Posted December 4th, 2014 in Forthcoming events by sally

‘If the rule of law was one of the main pillars of the English constitution in the eyes of Victorian jurists, its crowning glory was the writ of habeas corpus, which ensured that no one could be deprived of their liberty save by law. This paper will explore the various ways in which this was used at the end of the nineteenth and in the early twentieth century.’

Date: 29th January 2015, 6.00-7.00pm

Location: UCL Laws, Bentham House, WC1H 0EG

Charge: Free, registration required

More information can be found here.

Barrister convicted of CS gas offences disbarred after second disciplinary hearing – Legal Futures

Posted December 4th, 2014 in barristers, criminal records, disciplinary procedures, disqualification, news by sally

‘A barrister who successfully appealed the decision of a previous disciplinary tribunal was yesterday ordered by a new tribunal panel to be disbarred.’

Full story

Legal Futures, 3rd December 2014

Source: www.legalfutures.co.uk

Consult judges on devolution, says lord chief justice – Law Society’s Gazette

Posted December 4th, 2014 in bills, devolution, drafting, judges, judiciary, news by sally

‘The lord chief justice has called for judicial engagement in the drafting of new devolution bills that will be brought forward by the next parliament.’

Full story

Law Society’s Gazette, 3rd December 2014

Source: www.lawgazette.co.uk

Costs, Confusion and Compromise – Keynote Address of Mr Justice Foskett

Posted December 4th, 2014 in arbitration, costs, fees, judges, limitations, news, speeches by sally

Costs, Confusion and Compromise (PDF)

Keynote Address of Mr Justice Foskett

Professional Negligence Lawyers’ Association Annual Conference, 4th December 2014

Source: www.judiciary.gov.uk

Tenant wins Supreme Court fight with council over damages for unlawful eviction – Local Government Lawyer

‘A secure tenant who was unlawfully evicted from his accommodation has won his Supreme Court battle with a London council over the level of damages payable.’

Full story

Local Government Lawyer, 3rd December 2014

Source: www.localgovernmentlawyer.co.uk

Bar Council warns on potential “cost to quality” from CPD move – Legal Futures

Posted December 4th, 2014 in barristers, continuing professional development, news, quality assurance by sally

‘The Bar Council has warned of a potential “cost to quality”, following an announcement from the Bar Standards Board (BSB) that from next month it will only accredit CPD providers, and not individual courses.’

Full story

Legal Futures, 4th December 2014

Source: www.legalfutures.co.uk

Rights to light – making the law more transparent – Law Commission

Posted December 4th, 2014 in human rights, Law Commission, news, planning, reports by sally

‘In a report published today, the Law Commission is recommending reforms to the law governing rights to light that will strike a balance between the interests of landowners and the law’s recognition of the need for appropriate development.’

Full story

Law Commission, 4th December 2014

Source: www.lawcommission.justice.gov.uk