Broker ‘loses unfair dismissal claim from City traders after abuse complaints’ – The Independent

Posted September 11th, 2014 in banking, employment, news, unfair dismissal by sally

‘A broker has lost a claim that he was bullied into leaving a City trading firm where “homophobic, racist and sexist” abuse was widespread, according to a report.’

Full story

The Independent, 10th September 2014

Source: www.independent.co.uk

Stalking prosecutions rise by 20% under new law on harassment – The Guardian

Posted September 11th, 2014 in Crown Prosecution Service, harassment, news, prosecutions, stalking, statistics by sally

‘Prosecutions for stalking and harassment increased by more than 20% last year following the enforcement of a new law that criminalises behaviour causing serious alarm or distress.’

Full story

The Guardian, 11th September 2014

Source: www.guardian.co.uk

MPs approve probate and conveyancing rights for legal executives – Legal Futures

‘The Chartered Institute of Legal Executives (CILEx) has won the approval of the House of Commons to grant its members rights to conduct reserved probate and conveyancing work.’

Full story

Legal Futures, 10th September 2014

Source: www.legalfutures.co.uk

High Court: Commercial Agents Regulations could not override contractual choice of law – OUT-LAW.com

‘Mandatory rules governing the relationship between commercial agents and their principals in respect of the agent’s UK activities cannot override a valid jurisdiction and choice of law clause, the High Court has ruled.’

Full story

OUT-LAW.com, 10th September 2014

Source: www.out-law.com

Juvenile Offenders: A Different Approach Needed? – Part III – No. 5 Chambers

Posted September 10th, 2014 in children, criminal justice, internet, news, prisons, sentencing, young offenders, young persons by sally

‘In this series written for Criminal Law & Justice Weekly, Navpreet Virk and No5 member Richard Gibbs present the opposing arguments surrounding the manner in which the youth courts treat juveniles convicted of criminal offences and examine the countervailing arguments and policies. In the third of this four–part series, Richard Gibbs writes that the criminal justice system is predicated on finding the fairest way of dealing with juveniles.’

Full story

No. 5 Chambers, 3rd September 2014

Source: www.no5.com

BAILII: Recent Decisions

Posted September 10th, 2014 in news by sally

Supreme Court

Robertson v Swift [2014] UKSC 50 (09 September 2014)

Family Court Decisions (other Judges)

Chd1 & Chd1 (Children : care orders) [2014] EWFC B113 (09 September 2014)

Source: www.bailii.org

EVENT: LSE – In Conversation with the Lord Chief Justice

Posted September 10th, 2014 in Forthcoming events by sally

‘Sir Ross Cranston will interview the Lord Chief Justice, Lord Thomas of Cwmgiedd, about his career in the law.’

Date: 25th November 2014, 6.30-8.00pm

Location: Old Theatre, Old Building

Charge: Free

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted September 10th, 2014 in legislation by sally

The Register of Presumed Deaths (Fees) Regulations 2014

The Tuberculosis (England) Order 2014

The Pensions Act 2014 (Commencement No. 2) Order 2014

The Plant Health (England) (Amendment) (No.2) Order 2014

The Renewables Obligation Closure Order 2014

The Register of Presumed Deaths (Prescribed Information) Regulations 2014

Source: www.legislation.gov.uk

Child witness court video evidence expansion planned – BBC News

Posted September 10th, 2014 in children, Crown Court, evidence, news, sexual offences, trials, victims, video recordings, witnesses by sally

‘Changes to allow children and abuse victims in England and Wales to film their evidence before a trial begins should be brought in “as fast as possible”, a justice minister has said.’

Full story

BBC News, 9th September 2014

Source: www.bbc.co.uk

‘Monstrous child sexual predator’ John Laister jailed – BBC News

‘An ex-Sunday school teacher who raped and sexually abused young girls under his care has been jailed for 14 years.’

Full story

BBC News, 9th September 2014

Source: www.bbc.co.uk

Deceased’s Sudden Death During Stillborn Birth: Clinical Quantification? – Zenith PI Blog

Posted September 10th, 2014 in bereavement, birth, compensation, damages, medical treatment, midwives, negligence, news by sally

‘In a case reported on Lawtel yesterday, the Claimant mother and sister received £160,000 in an out of court settlement following the sudden death of the deceased (‘X’) during the delivery of her stillborn baby in December 2010. The Claimants suffered a traumatic bereavement resulting in post-traumatic stress disorder. The settlement included a dependency claim for the deceased’s son.’

Full story

Zenith PI Blog, 9th September 2014

Source: www.zenithpi.wordpress.com

Guilty, the man who conned his brother out of £1.5m inheritance – Daily Telegraph

Posted September 10th, 2014 in families, forgery, fraud, insurance, news, probate, trusts by sally

‘Peter Howes forged the signature of his brother and mother, cashed in life insurance policies and siphoned off the proceeds of the sale of the £1m family home.’

Full story

Daily Telegraph, 9th September 2014

Source: www.telegraph.co.uk

Gloria Foster inquest: ‘Neglect contributed to death’ – BBC News

Posted September 10th, 2014 in care workers, elderly, hospitals, inquests, medical treatment, medicines, news by sally

‘Neglect contributed to the death of an elderly woman found dying at home nine days after her care agency was shut in a police raid, a coroner has concluded.’

Full story

BBC News, 10th September 2014

Source: www.bbc.co.uk

Woman wins permission to look at late father’s adoption files – The Guardian

Posted September 10th, 2014 in adoption, birth certificates, disclosure, documents, family courts, grandparents, news by sally

‘A woman has been granted permission to look at court files relating to her father’s adoption to discover the identity of her grandmother, in a ground-breaking judgment that sets a precedent for revealing secret family histories.’

Full story

The Guardian, 9th September 2014

Source: www.guardian.co.uk

‘Ignorant’ crane boss David Saunders fined over death – BBC News

Posted September 9th, 2014 in accidents, fines, health & safety, news by sally

‘A company has been fined £150,000 after a worker was killed when a crane wheel he was dismantling “exploded like a bomb”.’

Full story

BBC News, 9th September 2014

Source: www.bbc.co.uk

Command Papers – GOV.UK

Posted September 9th, 2014 in parliamentary papers by sally

Response to the House of Commons Foreign Affairs Committee’s second report of session 2014-15 on Gibraltar, Cm 8917

Treaty Series No 19 (2014), Cm 8931

Treaty Series No 20 (2014), Cm 8932

Treaty Series No 21 (2014), Cm 8933

Government response to the Joint Committee on Human Rights: Legal aid, children and the residence test, Cm 8936

Treaty Series No 22 (2014), Cm 8934

Source: www.gov.uk/government/publications

BAILII: Recent Decisions

Posted September 9th, 2014 in law reports by sally

Supreme Court

Robertson v Swift [2014] UKSC 50 (09 September 2014)

Court of Appeal (Criminal Division)

Jones & Ors, R, v [2014] EWCA Crim 1762 (16 July 2014)

High Court (Family Division)

AVH v SI & Anor (By Judith Bennett-Hernandez As Her Guardian) [2014] EWHC 2938 (Fam) (04 September 2014)

King (A Child), Re [2014] EWHC 2964 (Fam) (08 September 2014)

High Court (Commercial Court)

Comau UK Ltd v Lotus Lightweight Structures Ltd [2014] EWHC 2122 (Comm) (27 June 2014)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 9th, 2014 in legislation by sally

The Gas and Electricity Regulated Providers (Redress Scheme) (Amendment) Order 2014

The Vehicle Excise and Registration (Consequential Amendments) Regulations 2014

The Police (Promotion) (Amendment) Regulations 2014

The Financial Services Act 2012 (Consequential Amendments) Order 2014

The Appointment of Chief Officers of Police (Overseas Police Forces) Regulations 2014

The Police (Amendment) Regulations 2014

The Infrastructure Planning (Applications: Prescribed Forms and Procedure) (Amendment) Regulations 2014

Source: www.legislation.gov.uk

NHS Trust 1 and another v FG – WLR Daily

Posted September 9th, 2014 in consent, Court of Protection, health, law reports, medical treatment, mental health by sally

NHS Trust 1 and another v FG [2014] EWCOP 30; [2014] WLR (D) 384

‘Where a person lacked capacity to consent to proposed obstetric treatment, an NHS trust should make an application to the court: (1) where medical intervention proposed in the delivery of a baby amounted to serious medical treatment; (2) where there was a real risk of possible use of more than transient forcible restraint; (3) where there was a serious dispute as to what obstetric care was in the person’s best interests; and (4) where the proposed obstetric care and/or the proposed measures used to facilitate it would amount to a deprivation of liberty. That guidance was not intended to restrict the cases where trusts made an application to the court to only those cases which fell within those categories; it had always to remain open to trusts to make an application to the court if the individual circumstances of the case justified it.’

WLR Daily, 28th August 2014

Source: www.iclr.co.uk

Deckmyn and another v Vandersteen and others – WLR Daily

Posted September 9th, 2014 in copyright, EC law, intellectual property, law reports by sally

Deckmyn and another v Vandersteen and others (Case C-201/13; ECLI:EU:C:2014:2132; [2014] WLR (D) 385

‘The concept of “parody” within the meaning of article 5(3)(k) of Parliament and Council Directive 2001/29/EC was an autonomous concept of EU law and its essential characteristics were to evoke an existing work, while being noticeably different from it, and secondly, to constitute an expression of humour or mockery. The concept was not subject to the conditions that the parody should display an original character of its own, other than that of displaying noticeable differences with respect to the original parodied work; that it could reasonably be attributed to a person other than the author of the original work itself; and it should relate to the original work itself or mention the source of the parodied work. However, the application of the exception for parody, within the meaning of article 5(3)(k) of Directive had to strike a fair balance between the interests and rights of persons referred to in articles 2 and 3 of the Directive, and the freedom of expression of the user of a protected work who was relying on the exception for parody and it was for the national court to determine, in the light of all the circumstances of the case, whether the application of the exception for parody preserved a fair balance.’

WLR Daily, 3rd September 2014

Source: www.iclr.co.uk