“Mandatory” mediation – not mandatory enough! – Halsbury’s Law Exchange

Posted February 10th, 2014 in bills, case management, dispute resolution, divorce, domestic violence, legal aid, news by sally

‘In recent weeks there has been widespread reporting of government measures to introduce “mandatory mediation” for separating couples. This will be brought in under the Children and Families Bill, which is due to come into force in April. So, what exactly will the proposals mean? Will they actually result in couples moving away courts, and resolving their disputes through mediation, as the government wants?’

Full story

Halsburys Law Exchange, 10th February 2014

Source: www.halsburyslawexchange.co.uk

Tube strikes – should the law be changed? – Halsbury’s Law Exchange

‘We asked the business lobbying group CBI, the Institute of Directors (IOD) and Trade Union lawyer Richard Arthur for their views on reform of this prickly area of law.’

Full story

Halsbury’s Law Exchange, 7th February 2014

Source: www.halsburyslawexchange.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 10th, 2014 in legislation by sally

The NHS Bodies (Transfer of Trust Property) Order 2014

The Industrial and Provident Societies and Credit Unions (Arrangements, Reconstructions and Administration) Order 2014

The Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 10th, 2014 in law reports, legislation by sally

Court of Appeal (Civil Division)

Edem v The Information Commissioner & Anor [2014] EWCA Civ 92 (07 February 2014)

Walker Construction (UK) Ltd v Quayside Homes Ltd & Anor [2014] EWCA Civ 93 (07 February 2014)

High Court (Administrative Court)

Unison, R (on the application of) v The Lord Chancellor & Anor [2014] EWHC 218 (Admin) (07 February 2014)

Rotherham Metropolitan Borough Council & Ors, R (on the application of) v Secretary of State for Business, Innovation and Skills [2014] EWHC 232 (Admin) (07 February 2014)

High Court (Commercial Court)

OMV Petrom SA v Glencore International AG [2014] EWHC 242 (Comm) (07 February 2014)

Euroil Ltd v Cameroon Offshore Petroleum Sarl [2014] EWHC 215 (Comm) (07 February 2014)

High Court (Technology and Construction Court)

Waterdance Ltd v Kingston Marine Services Ltd [2014] EWHC 224 (TCC) (07 February 2014)

Source: www.bailii.org

Mental capacity ruling over retainer – Law Society’s Gazette

‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’

Full story

Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

Claimant faces record costs after tribunal – Law Society’s Gazette

Posted February 10th, 2014 in costs, disclosure, employment tribunals, equality, local government, news by sally

‘An employment tribunal has ordered a claimant who unsuccessfully took a local authority to tribunal to pay record costs for an individual.’

Full story

Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

Apollo Theatre ceiling collapse family seeks payout – BBC News

Posted February 10th, 2014 in accidents, compensation, health & safety, insurance, news, theatre by sally

‘A family injured when the Apollo Theatre ceiling collapsed is suing the theatre’s owners for compensation.’

Full story

BBC News, 7th February 2014

Source: www.bbc.co.uk

Ex-soldier sues Ministry of Defence for alleged failure to tackle bullying – The Guardian

‘A former British private is suing the Ministry of Defence over allegations the army allowed severe bullying which led to him attempting to take his own life five times.’

Full story

The Guardian, 8th February 2014

Source: www.guardian.co.uk

Number of sex offenders in England and Wales rises by more than third in five years – Daily Telegraph

Posted February 10th, 2014 in budgets, news, probation, rehabilitation, sexual offences, statistics by sally

‘The number of registered sex offenders in England and Wales has risen by more than a third in the past five years. More than 40,000 registered sex offenders, including 2,700 judged to pose a serious risk to the public, are living in the community and being monitored by probation services.’

Full story

Daily Telegraph, 9th February 2014

Source: www.telegraph.co.uk

EVENT: UCL Quain Lectures 2014 – John Gardner

Posted February 7th, 2014 in Forthcoming events by sally

‘John Gardner FBA is Professor of Jurisprudence and a Fellow of University College. He was formerly Reader in Legal Philosophy at King’s College London (1996-2000), Fellow and Tutor in Law at Brasenose College, Oxford (1991-6) and Fellow of All Souls College, Oxford (1986-91). He has also held visiting positions at Columbia University, Yale University, the University of Texas, Princeton University, the Australian National University and the University of Auckland. He serves on the editorial boards of numerous journals including the Oxford Journal of Legal Studies, Legal Theory, Law and Philosophy, and The Journal of Moral Philosophy. Called to the Bar in 1988, he has been a Bencher of the Inner Temple since 2002 (although he does not practice).’

Date: 28th April 2014, 6.00pm

Location: UCL Gustave Tuck Lecture Theatre, Wilkins Building, Gower Street, London WC1E 6BT

Charge: Free, registration required

More information can be found here.

Derby human traffickers jailed for more than seven years – BBC News

Posted February 7th, 2014 in news, sentencing, trafficking in human beings by sally

‘Two brothers have been jailed for trafficking 12 Czech and Slovak men into the UK to exploit them for wages and benefits.’

Full story

BBC News, 7th February 2014

Source: www.bbc.co.uk

EVENT: Temple Women’s Forum – Crossing Boundaries: Alternative Careers at the Bar

Posted February 7th, 2014 in Forthcoming events by sally

‘Our keynote speaker will be The Honourable Mrs Justice Rose, whose career has spanned the Independent Bar, the Public Sector and the Judiciary.

The keynote speech will be followed by a panel discussion and Q&A with:

Margaret Casely Heyford – Head of Legal, John Lewis

Clive Rich – Media Lawyer and Negotiator, involved in executive coaching of women in the City.

Kathleen Harris – Partner at Arnold & Porter LLP, White Collar Criminal Defence Practice Group.

Alison Levitt – Principal Legal Advisor to the Director of Public Prosecutions

Nicky Oppenheimer – Chair of Central Government and Head of International Arts and Heritage Practices, Odgers Berndtson.’

Date: 24th March 2014, 5.30-9.00pm

Location: Middle Temple Hall
Middle Temple Lane
EC4Y 9AT London
United Kingdom

Charge: Free, registration required

More information can be found here.

England-wide heroin and crack cocaine drugs gang jailed – BBC News

Posted February 7th, 2014 in conspiracy, drug trafficking, news, sentencing by sally

‘Nine people have been sent to prison for conspiracy to supply Class A drugs across England.’

Full story

BBC News, 7th February 2014

Source: www.bbc.co.uk

Criminals to pay towards cost of running courts – Ministry of Justice

Posted February 7th, 2014 in bills, costs, courts, criminal justice, press releases by sally

‘Criminals will be made to pay towards the cost of their court case under legislation introduced to Parliament today by Justice Secretary Chris Grayling.’

Full press release

Ministry of Justice, 5th February 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Loss of capacity does not terminate solicitor’s retainer, High Court rules – Litigation Futures

Posted February 7th, 2014 in contracts, fees, news, solicitors by sally

‘A client’s loss of mental capacity in the course of proceedings does not automatically terminate their solicitor’s retainer, the High Court ruled yesterday.’

Full story

Litigation Futures, 6th February 2014

Source: www.litigationfutures.com

High Court quashes “irrational” LeO decision against barrister but upholds record SDT fine – Legal Futures

‘A High Court judge has overturned a Legal Ombudsman (LeO) decision that a barrister had not earned his fee, but separately upheld a Solicitors Disciplinary Tribunal (SDT) decision to hand out a record fine.’

Full story

Legal Futures, 7th February 2014

Source: www.legalfutures.co.uk

“Unfair advantage” under the Trade Marks Directive – Competition Bulletin from Blackstone Chambers

Posted February 7th, 2014 in consumer protection, news, trade marks by sally

‘Readers over the age of 24 do not fall into Jack Wills’ core target market, and may therefore be unfamiliar with the clothing brand’s “Mr Wills” pheasant logo. On the other hand, those readers who are Jack Wills devotees may want to check when you get home that you have not got confused and accidentally purchased, for about the same price, a House of Fraser product adorned with this equally delightful but nonetheless different bird. If you did get confused, it is perfectly understandable. After all, they’re both silhouettes of birds “equipped with accessories associated with an English gentleman”, as Mr Justice Arnold explained last week in Jack Wills Ltd v House of Fraser (Stores) Ltd [2014] EWHC 110 (Ch).’

Full story

Competition Bulletin from Blackstone Chambers, 4th February 2014

Source: www.competitionbulletin.com

Barrister who intentionally misled client over appeal to be disbarred – Bar Standards Board

Posted February 7th, 2014 in appeals, barristers, disciplinary procedures, drafting, news, professional conduct by sally

‘A public disciplinary tribunal has this week ordered the disbarment of a barrister for intentionally misleading his client by drafting false grounds of appeal – despite knowing there were none.’

Full story

Bar Standards Board, 5th February 2014

Source: www.barstandardsboard.org.uk

‘War crimes’ defence against Israel company protest convictions fails in Supreme Court – UK Human Rights Blog

Posted February 7th, 2014 in defences, demonstrations, news, public order, trespass by sally

‘Richardson v Director of Public Prosecutions [2014] UKSC 8. The tactics of protesters engaging in demonstrations, or acts of civil disobedience, frequently raise interesting questions of law. A demonstration by two activists opposed to the Israeli occupation of the Palestinian Territories, who entered a shop in Covent Garden which sold produce from the Dead Sea, produced on an Israeli settlement, recently resulted in the Supreme Court addressing two such questions.’

Full story

UK Human Rights Blog, 7th February 2014

Source: www.ukhumanrightsblog.com

Ben Jaffey and Tom Hickman: Loading the Dice in Judicial Review: The Criminal Justice and Courts Bill 2014 – UK Constitutional Law Group

Posted February 7th, 2014 in bills, criminal justice, judicial review, legal aid, news by sally

‘Public lawyers across the country are anxiously scrutinising yesterday’s response by the Lord Chancellor, Chris Grayling, to the Judicial Review consultation and the associated Criminal Justice and Courts Bill. They are seeking to ascertain the extent to which access to judicial review will be restricted and, in the case of many firms with legal aid contracts in public law, to see if whether their business will remain financially viable at all.’

Full story

UK Constitutional Law Group, 6th February 2014

Source: www.ukconstitutionallaw.org