Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in December.’

Full story

Family Law Week, 2nd January 2014

Source: www.familylawweek.co.uk

Defamation reforms should cut claims but only after courts give guidance on how the new rules apply, says expert – OUT-LAW.com

Posted January 6th, 2014 in defamation, internet, news, time limits by sally

‘Changes to defamation laws should help cut the number of libel claims being brought before UK courts, an expert has said.’

Full story

OUT-LAW.com, 3rd January 2014

Source: www.out-law.com

Shorthold tenancies and council tax liability – NearlyLegal

Posted January 6th, 2014 in appeals, benefits, council tax, landlord & tenant, local government, news by sally

‘If a tenant on a statutory periodic tenancy stops living in the property, but the tenancy is not ended, who is liable for the Council Tax?’

Full story

NearlyLegal, 3rd January 2014

Source: www.nearlylegal.co.uk

Revealed: the top cases of 2014 – The Lawyer

Posted January 6th, 2014 in civil justice, news by sally

‘The High Court will host some of the largest-value cases it has ever seen in 2014 – but only the biggest disputes will fight all the way.’

Full story

The Lawyer, 6th January 2014

Source: www.thelawyer.com

The Legal Ombudsman: more than a paper tiger – UK Human Rights Blog

Posted January 6th, 2014 in complaints, fees, judicial review, jurisdiction, legal ombudsman, news, solicitors by sally

‘Does the Legal Ombudsman have teeth? That was, in effect, the question before the High Court in Layard Horsfall, a judicial review brought by a former solicitor against a decision by the Ombudsman to reduce his fees following a complaint by one of his clients. The Court’s answer was a very clear yes. Where the Ombudsman has made her decision properly, taking relevant factors into account, it is likely to withstand judicial review challenge.’

Full story

UK Human Rights Blog, 3rd January 2014

Source: www.ukhumanrightsblog.com

Penal reform in the UK – OUP Blog

Posted January 6th, 2014 in news, probation by sally

‘In this podcast Martin Partington talks to Frances Crook, Chief Executive of the Howard League. Does penal policy in the UK operate in a more ‘punitive’ way than other European countries (including the former Eastern-bloc)? Frances makes a passionate defence of the current probation service and deplores the current Government’s approach to reform of the service.’

Podcast

OUP Blog, 1st January 2014

Source: http://blog.oup.com

Unsuccessful challenge to 52 weeks rule in Housing Benefit Regs – NearlyLegal

Posted January 6th, 2014 in appeals, benefits, detention, disability discrimination, housing, mental health, news by sally

‘Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg. 7(17), Housing Benefit Regulations 2006, breached Art. 14 ECHR (although not expressly set out in the Judgment, presumably in conjunction with A1P1).’

Full story

NearlyLegal, 6th January 2014

Source: www.nearlylegal.co.uk

Mental health patients being denied human rights in court, warn leading lawyers – The Independent

‘People with mental health problems are being denied justice by some Court of Protection judges who fail to even consider hearing patients’ testimony, leading lawyers have told a House of Lords inquiry.’

Full story

The Independent, 3rd January 2014

Source: www.independent.co.uk

Jimmy Savile victims call for single inquiry – The Guardian

Posted January 6th, 2014 in child abuse, inquiries, news, sexual offences, victims by sally

‘Victims of Jimmy Savile have called for a single judge-led inquiry into how the former DJ was able to evade justice for so long.’

Full story

The Guardian, 6th January 2014

Source: www.guardian.co.uk

Security guard jailed after falling asleep and crashing bus full of colleagues – Daily Telegraph

Posted January 6th, 2014 in accidents, dangerous driving, licensing, news, sentencing by sally

‘Mark Nicholson was driving 15 people down to work as security officers at an Olympic sailing event when he dozed off while driving on the busy M40 motorway.’

Full story

Daily Telegraph, 3rd January 2014

Source: www.telegraph.co.uk

Kirsty Cox jailed for two years for £450,000 iPad scam – BBC News

Posted January 6th, 2014 in fraud, news, sentencing by sally

‘A woman who defrauded hundreds of customers in an iPad scam worth £450,000 has been jailed.’

Full story

BBC News, 3rd January 2014

Source: www.bbc.co.uk

Police under fire for handling of Raoul Moat manhunt in 2010 – The Independent

Posted January 6th, 2014 in delay, inquests, news, ombudsmen, police, professional conduct, reports, suicide by sally

‘A bitter row has broken out between one of Britain’s biggest police forces and the Independent Police Complaints Commission over the case of the gunman Raoul Moat.’

Full story

The Independent, 5th January 2014

Source: www.independent.co.uk

Lawyers forced to pay out £1m in no win, no fee disputes – The Guardian

Posted January 6th, 2014 in compensation, complaints, costs, fees, legal aid, legal ombudsman, news, solicitors by sally

‘Lawyers were ordered to pay almost £1m in compensation to disappointed clients last year owing to failures in no win, no fee agreements, according to figures released by the legal ombudsman.’

Full story

The Guardian, 6th January 2014

Source: www.guardian.co.uk

Mental health staff to be based in police stations – BBC News

Posted January 6th, 2014 in mental health, news, nurses, pilot schemes, police, recidivists by sally

‘Mental health nurses are to be based in police stations and courts in 10 areas of England as part of a pilot scheme aimed at cutting reoffending.’

Full story

BBC News, 4th January 2014

Source: www.bbc.co.uk

Crime and punishment: Why throwing away the key doesn’t work – The Independent

Posted January 6th, 2014 in criminal justice, imprisonment, news, prisons, sentencing by sally

‘It is not liberal weediness to baulk at whole-life sentences. It’s knowing that, without a hairline of hope, those in prison become more dangerous.’

Full story

The Independent, 5th January 2014

Source: www.independent.co.uk

Barristers and solicitors walk out over cuts to legal aid fees – The Guardian

‘Criminal courts across England and Wales will be severely disrupted on Monday morning when barristers and solicitors stage an unprecedented mass walkout in protest at government plans to slash legal aid fees by up to 30%.’

Full story

The Guardian, 5th January 2014

Source: www.guardian.co.uk

Christmas Break

Posted December 20th, 2013 in news by sally

There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 20th December. We will resume posting on 6th January 2014.

Happy Christmas!

Government rules out ban on zero hours contracts, but seeks views on exclusivity clauses – OUT-LAW.com

Posted December 20th, 2013 in consultations, contract of employment, employment, news by sally

‘Companies could be banned from preventing workers on “zero hours” contracts from working for another company, under proposals put forward by the Government.’

Full story

OUT-LAW.com, 20th December 2013

Source: www.out-law.com

There’s no place like HMO – Nearly Legal

‘Shah v Croydon LBC [2013] EWHC 3657 (Admin). An appeal by way of case stated from a Magistrates Court decision that a property owned by Mr Shah was an HMO and that Mr S was therefore liable for some 14 months Council Tax. And an illustration of the confusion of the multiple definitions of House in Multiple Occupation floating around.’

Full story

Nearly Legal, 19th December 2013

Source: www.nearlylegal.co.uk/blog/

Recent Statutory Instruments – legislation.gov.uk

Posted December 20th, 2013 in legislation by sally

The Infrastructure Planning (Business or Commercial Projects) Regulations 2013

The Corporation Tax Act 2009, Section 582 (Contract for Differences) (Amendment) Order 2013

The Postal Administration Rules 2013

The Family Procedure (Amendment No.3) Rules 2013

The Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2013

The Police Federation (Amendment) Regulations 2013

The Port Security (Ports of Cardiff, Barry and Newport) Designation Order 2013

The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) and Tractor etc (EC Type-Approval) (Amendment) Regulations 2013

The National Grid (King’s Lynn B Power Station Connection) Order 2013

The Port Security (Port of Shoreham) Designation Order 2013

The Offshore Installations (Safety Zones) (No. 2) Order 2013

The Port Security (Port of Belfast) Designation Order 2013

Source: www.bailii.org