Bundeswettbewerbsbehörde and another v Schenker & Co AG and others – WLR Daily

Posted June 24th, 2013 in competition, EC law, fines, law reports by sally

Bundeswettbewerbsbehörde and another v Schenker & Co AG and others (Case C-681/11); [2013] WLR (D) 245

“An undertaking which had infringed article 101FEU of the FEU Treaty could not escape the imposition of a fine by a national competition authority on the ground that the infringement had resulted from that undertaking erring as to the lawfulness of its conduct on account of legal advice given by a lawyer or of the terms of a decision of a national competition authority.”

WLR Daily, 18th June 2013

Source: www.iclr.co.uk

Bank Mellat v HM Treasury (Liberty intervening) (Nos 1 and 2) – WLR Daily

Posted June 24th, 2013 in banking, closed material, Iran, jurisdiction, law reports, proportionality, Supreme Court, terrorism by sally

Bank Mellat v HM Treasury (Liberty intervening) (Nos 1 and 2) [2013] UKSC 38; [2013] UKSC 39; [2013] WLR (D) 244

“The Supreme Court had jurisdiction to entertain a closed material procedure on an appeal from decisions of the courts of England and Wales on applications brought under section 63 of the Counter-Terrorism Act 2008. On very rare occasions it would be appropriate for the court to go into closed session for that purpose and in the circumstances of the present appeal it would do so.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

‘This is astonishing stuff’: Split over legal aid shake-up goes right to the top – The Independent

Posted June 24th, 2013 in barristers, budgets, consultations, law firms, legal aid, news, solicitors by sally

“The Government’s plans to shake up legal aid have received a chilly response from its most senior law officer, signalling deep divisions among ministers over the controversial moves.”

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The Independent, 21st June 2013

Source: www.independent.co.uk

Leadership & culture, principles & professionalism, simplicity & safety – lessons from the Nimrod Review – Speech by The Hon. Sir Charles Haddon-Cave

Posted June 24th, 2013 in accidents, aircraft, armed forces, health & safety, news by sally

Leadership & culture, principles & professionalism, simplicity & safety – lessons from the Nimrod Review (PDF)

Speech by The Hon. Sir Charles Haddon-Cave

“Piper 25” Oil & Gas UK Conference, 19th June 2013

Source: www.judiciary.gov.uk

Rule 25.1 and the President’s Guidance in H-L – A ‘necessary’ evil? – Family Law Week

Posted June 24th, 2013 in appeals, costs, expert witnesses, family courts, news, proportionality, time limits by sally

“Christopher Rank, barrister, of Cornwall Street Chambers considers expert evidence, rule 25.1 of the FPR and The President’s recent guidance in Re H-L (A Child).”

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Family Law Week, 23rd June 2013

Source: www.familylawweek.co.uk

A United Profession – Criminal Law and Justice Weekly

Posted June 24th, 2013 in barristers, demonstrations, legal aid, legal profession, news, solicitors by sally

“John Cooper QC on the allied opposition to the legal aid cuts.”

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Criminal Law and Justice Weekly, 22nd June 2013

Source: www.criminallawandjustice.co.uk

A heavy cost? (Pt 2) – New Law Journal

Posted June 24th, 2013 in children, EC law, families, family courts, financial provision, legal aid, news, sex discrimination by sally

“David Burrows continues his review of how LASPO has influenced the funding landscape of family litigation.”

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New Law Journal, 20th June 2013

Source: www.newlawjournal.co.uk

Solicitor “not in breach of duties” by failing to facilitate binding mediation agreement – OUT-LAW.com

Posted June 24th, 2013 in appeals, dispute resolution, negligence, news, solicitors by sally

“A solicitor cannot be held responsible if parties to mediation do not immediately reach a final binding agreement, the Court of Appeal has confirmed.”

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OUT-LAW.com, 24th June 2013

Source: www.out-law.com

Lady Hale to be next Deputy President of Supreme Court – Supreme Court

Posted June 24th, 2013 in judges, news, Supreme Court by sally

“Baroness Hale of Richmond has been appointed Deputy President of the Supreme Court, it was announced today.”

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Supreme Court, 24th June 2013

Source: www.supremecourt.gov.uk

Unison to Judicially Review ‘Brutal’ Employment Tribunal Fees – UK Human Rights Blog

Posted June 24th, 2013 in EC law, employment tribunals, fees, judicial review, news, sex discrimination, trade unions by sally

“News that Unison has applied for Judicial Review of the Government’s controversial plans to introduce fees in the Employment Tribunal has gone viral in the Labour Law community. A key theme in the application is access to justice for working people, particularly women.”

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UK Human Rights Blog, 21st June 2013

Source: www.ukhumanrightsblog.com

Pressure grows on Lord Leveson to explain why he ignored hacking beyond the press – The Independent

Posted June 24th, 2013 in evidence, inquiries, interception, media, news, police, privacy, private investigators by sally

“Lord Justice Leveson is facing mounting questions over why he decided to ignore a bombshell report detailing serious and widespread corruption among police and private investigators that was passed to his inquiry.”

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The Independent, 24th June 2013

Source: www.independent.co.uk

Roundtable: future of the bar – Law Society’s Gazette

Posted June 24th, 2013 in barristers, debts, diversity, legal aid, legal education, news, pupillage by sally

“The fortunes of commercial and publicly funded barristers could hardly be more divergent at present. But it is not simply a ‘tale of two bars’. The bar’s monied and impecunious sections are co-dependent, according to those present at the Gazette’s roundtable discussion on the future of the bar. That division in fortunes is not new. But it has increased, and if further legal aid cuts follow, will become even more dramatic. As the discussion starts, it is noted that of 1,700 students emerging from bar school each year, perhaps fewer than 400 will secure pupillages – a modern low.”

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Law Society’s Gazette, 24th June 2013

Source: www.lawgazette.co.uk

The legal loopholes that allow GCHQ to spy on the world – The Guardian

Posted June 24th, 2013 in complaints, intelligence services, interception, internet, interpretation, news, privacy, telecommunications by sally

“William Hague has hailed GCHQ’s ‘democratic accountability’, but legislation drafted before a huge expansion of internet traffic appears to offer flexibility.”

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The Guardian, 21st June 2013

Source: www.guardian.co.uk

Free speech rights should influence CPS decisions on whether to prosecute over social media communications, says guidance – OUT-LAW.com

Posted June 24th, 2013 in Crown Prosecution Service, freedom of expression, internet, malicious communications, news, proportionality, prosecutions, public interest by sally

“Prosecutors should be mindful of observing individuals’ rights to free speech when deciding whether to initiate legal action against them over grossly offensive, indecent, obscene or false comments made on social media, according to new guidelines.”

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OUT-LAW.com, 21st June 2013

Source: www.out-law.com

An ABC on proportionality – with Bank Mellat as our primer – UK Human Rights Blog

Posted June 24th, 2013 in banking, EC law, human rights, Iran, news, proportionality, Supreme Court by sally

“My post of earlier this week explained why the majority of the Supreme Court struck down a direction telling all financial institutions not to deal with this Iranian Bank. The legal ground (involving, as Lord Sumption described it, ‘an exacting analysis of the factual evidence in defence of the measure’ [20]) was that the direction was ‘disproportionate’. The judgments (particularly the dissenting one of Lord Reed) tell us a lot about the scope of proportionality. And there is a good deal more to it than there might at first sight appear.”

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UK Human Rights Blog, 22nd June 2013

Source: www.ukhumanrightsblog.com

There’s no place like home – NearlyLegal

Posted June 24th, 2013 in appeals, housing, jurisdiction, landlord & tenant, local government, news, repossession, time limits by sally

“Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985.”

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NearlyLegal, 23rd June 2013

Source: www.nearlylegal.co.uk

It pays to use slave labour, says watchdog – The Independent

Posted June 24th, 2013 in Crown Prosecution Service, fines, forced labour, gangmasters, news, ombudsmen, prosecutions, sentencing by sally

“Sentences for criminal bosses who use forced labour are ‘unduly lenient’ and do not deter modern slavery, the head of Britain’s worker exploitation watchdog believes.”

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The Independent, 23rd June 2013

Source: www.independent.co.uk

Help us unmask more violent men, police urge women after low take-up of ‘Clare’s Law’ scheme – The Independent

Posted June 24th, 2013 in domestic violence, news, pilot schemes, police, statistics, women by sally

“Women worried about potentially violent partners are being urged to contact the police following the low take-up of a scheme designed to reveal the histories of domestic abusers.”

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The Independent, 24th June 2013

Source: www.independent.co.uk

Bar chief calls for royal commission – Law Society’s Gazette

Posted June 24th, 2013 in consultations, Crown Prosecution Service, inquiries, legal aid, legal profession, news, sentencing by sally

“More than two decades after the Runciman Commission was set up following high-profile miscarriages of justice, the chairman of the Bar Council has called for a royal commission to conduct a root-and-branch review of the criminal justice system.”

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Law Society’s Gazette, 24th June 2013

Source: www.lawgazette.co.uk

Revealed: How UK justice is dispensed out of hours down the phone line – The Independent

Posted June 24th, 2013 in Court of Protection, evidence, inquiries, judgments, judiciary, local government, news, telephone hearings by sally

“The Court of Protection is facing fresh questions about transparency, as The Independent reveals that its judges are making life-or-death decisions over the phone, with incomplete evidence, in proceedings that are not always recorded.”

Full story

The Independent, 24th June 2013

Source: www.independent.co.uk