Formerly known as – NearlyLegal
‘Here is an interesting FTT bedroom tax decision from Runcorn, received via RAISE who are clearly doing good work in supporting such appeals.’
NearlyLegal, 6th June 2014
Source: www.nearlylegal.co.uk
New laws to stop claims firms giving away tablet PCs – BBC News
‘Lawyers and claims firms are to be banned from offering incentives such as free tablet computers to encourage people to make insurance claims’
BBC News, 7th June 2014
Source: www.bbc.co.uk
Government accused of ‘stoking tensions’ against human rights lawyer pursuing British soldiers for alleged war crimes – The Independent
‘The Law Society has demanded action from the Home Secretary, Theresa May, over a string of violent threats dating back a decade against the human rights lawyer who brought cases against British soldiers over alleged brutality in Iraq and Afghanistan.’
The Independent, 6th June 2014
Source: www.independent.co.uk
University of Wales Trinity St David men awarded £460,000 – BBC News
‘Eighteen men unhappy at being paid less than their female colleagues at a university have been awarded a total of £460,000 in back pay.’
BBC News, 7th June 2014
Source: www.bbc.co.uk
Exaggerated whiplash claims to be thrown out of court in Government crackdown – The Independent
‘Anyone exaggerating whiplash or other injuries to get compensation will be thrown out of court in a Government crackdown on dishonest claims.’
The Independent, 7th June 2014
Source: www.independent.co.uk
Internet users cannot be sued for browsing the web, ECJ rules – The Guardian
‘Internet users who visit a website are safe from the threat of a copyright lawsuit, thanks to a landmark case which concluded in the European court of justice on Thursday.’
The Guardian, 5th June 2014
Source: www.guardian.co.uk
The Jackson Reforms: One year on – Falcon Chambers
‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’
Full story (PDF)
Falcon Chambers, 25th March 2014
Source: www.falcon-chambers.com
Civil liability and undertakings – Hardwicke Chambers
‘Undertakings given by solicitors to third parties are strictly enforced. Generally speaking solicitors would expect their professional indemnity insurers to pick up the claim, but this is not always the case.’
Hardwicke Chambers, 21st May 2013
Source: www.hardwicke.co.uk
Copyright for the digital age: a partial implementation of the Hargreaves review – Technology Law Update
‘This week saw the introduction of some of the UK government’s new exceptions to copyright. These are intended to bring in changes to update copyright law for the digital age, implementing the 2011 Hargreaves Review. But several of the more controversial measures have been held up in the parliamentary process and have yet to take effect.’
Technology Law Update, 6th June 2014
Source: www.technology-law-blog.co.uk
Claims against banks for negligent credit references? The possible impact of the Durkin decision – Hardwicke Chambers
‘Professionals in all walks of life are frequently asked to give references in respect of people or organisations. A negligently given reference may cause the recipient who relies on it or the person the subject of it to suffer pure economic loss in respect of which they will want to recover damages. In Durkin v DSG Retail Limited [2014] 1 W.L.R. 1148, the Supreme Court has, in a couple of short paragraphs, given a timely reminder of the pitfalls than may await anyone, in particular banks and other lenders, who gives a negligent reference.’
Hardwicke Chambers, 21st May 2014
Source: www.hardwicke.co.uk
Data Protection and Child Protection – Panopticon
‘One of the difficulties users and practitioners have with the Data Protection Act 1998 is that there is so little case law on any of the provisions, it can be very hard to know how a court will react to the complicated structure and often unusual factual scenarios which can throw up potential claims. There are two reasons why there is so little case law. First, most damages claims under the DPA go to the County Court, where unless you were in the case it is hard to know that it happened or get hold of a judgment. Secondly, most damages claims are for small sums, which is it is more cost-effective to settle than fight.’
Panopticon, 6th June 2014
Source: www.panopticonblog.com
Women win ‘substantial’ compensation over sex pest boss – Daily Telegraph
Darren Scott, 53, was “fixated” by 24-year-old Diana Nicholl-Pierson’s breasts and openly ogled them in their Mayfair office, a tribunal found
Daily Telegraph, 5th June 2014
Source: www.telegraph.co.uk
Express Newspapers fails in attempt to snooker Jimmy White – Zenith Chambers
‘On 17th June 2012 the Daily Star Sunday published an article about Jimmy White, the well-known professional snooker player, and John Callaghan, a friend and fan of Mr White. The article was in hard copy and online editions and remained online until 17th August 2012.’
Full story (PDF)
Zenith Chambers, 27th May 2014
Source: www.zenithchambers.co.uk
Insolvent defendants and claimants – Thirty Nine Essex Street
‘Corporate bodies (limited companies or LLPs) have a separate legal identity that ceases to exist upon dissolution. Dissolution can occur, broadly speaking, in two ways, one is at the end of the process of winding up (whether voluntary or compulsory) and the other is by the process of striking off the Register of Companies or limited liability partnerships. The latter occurs either as a result of the company’s or LLP’s failure to file accounts, returns etc. or by a process of voluntary striking off.’
Full story (PDF)
Thirty Nine Essex Street, 7th March 2014
Source: www.39essex.com
Poll finds law students backing legal profession to resist forces of change – Legal Week
‘Most law students believe the legal profession will be resistant to change during their careers, according to research that suggests the next generation of lawyers may be significantly more conservative than many commentators are predicting.’
Legal Week, 6th June 2014
Source: www.legalweek.com
Last ditch attempt to thwart POCA in the consumer protection field – Six Pump Court
‘The Defendant was convicted of 8 counts of carrying on a consumer credit business without a licence (Section 39 Consumer Credit Act 1974 (“CCA”) ) (“illegal money lending”) and was sent to prison. Birmingham City Council whose team has vast experience in and has conduct of most prosecutions in this area of work applied under Proceeds of Crime Act 2002 (“POCA”) to confiscate the Defendant’s property and in particular a house he had purchased with the proceeds of his business. The case was not a “lifestyle” case.’
Full story (Word)
Six Pump Court, 12th May 2014
Source: www.6pumpcourt.co.uk
Ofqual: teachers must come clean on dodgy exam tactics – Daily Telegraph
‘Ofqual, the qualifications watchdog, says it may introduce new rules to prevent teachers using dubious tactics such as rehearsing test answers to inflate pupils’ GCSE results.’
Daily Telegraph, 5th June 2014
Source: www.telegraph.co.uk
Secret terrorism trial runs risk of miscarriage of justice, says Sadiq Khan – The Guardian
‘Plans to hold the criminal trial of two men charged with serious terrorism offences entirely in secret runs the risk of creating a miscarriage of justice that will never be put right, the shadow justice secretary has warned.’
The Guardian, 5th June 2014
Source: www.guardian.co.uk
Measures aimed at addressing drop in rape convictions launched – BBC News
‘Measures aimed at improving the conviction rate for rape in courts in England and Wales have been launched by the Director of Public Prosecutions.’
BBC News, 6th June 2014
Source: www.bbc.co.uk
Baby death couple win children back – Daily Telegraph
‘Father accused of suffocating his baby by rolling on her as they slept can be reunited with her twin after a judge ruled that the baby’s sister should not have been removed by social workers.’
Daily Telegraph, 5th June 2014
Source: www.telegraph.co.uk
