LAA must give reasons about funding expert assessments in care proceedings – UK Human Rights Blog

Posted May 2nd, 2013 in children, costs, expert witnesses, judicial review, legal aid, news, reasons by sally

“This successful challenge to a decision by the Legal Aid Agency (LAA) arose from an expert assessor in family proceedings – not unnaturally – refusing to begin work unless funding was in place. If the LAA are asked to fund an assessment on behalf of a party with legal aid, then it is common for lawyers to obtain prior authority from the LAA to ensure that the expert will be paid for their work. If not, then the lawyers themselves can be liable for an expert’s costs. In this case, prior authority to pay for the expert assessment had been refused by the LAA thus resulting in further court hearings and delay in the resolution of the case for the children.”

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UK Human Rights Blog, 2nd May 2013

Source: www.ukhumanrightsblog.com

King Richard III burial row heads to High Court – BBC News

Posted May 2nd, 2013 in burials and cremation, judicial review, news, royal family by sally

“Distant relatives of Richard III have started legal proceedings to challenge the plan to bury the king’s remains in Leicester.”

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BBC News, 1st May 2013

Source: www.bbc.co.uk

Growth and Infrastructure Act contains some welcome changes to village green regime, says expert – OUT-LAW.com

“A new law will make it harder for residents to use town and village green (TVG) laws to oppose the development of land, an expert has said.”

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OUT-LAW.com, 1st May 2013

Source: www.out-law.com

Court of Protection openness call by justice secretary – BBC News

Posted May 2nd, 2013 in Court of Protection, family courts, news, private hearings by sally

“The justice secretary has asked a senior judge to consider whether the court dealing with the affairs of mentally incapable people in England and Wales can become more open.”

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BBC News, 2nd May 2013

Source: www.bbc.co.uk

SAS sniper Danny Nightingale faces retrial over illegally possessing pistol – The Guardian

Posted May 2nd, 2013 in abuse of process, armed forces, firearms, news, retrials by sally

“The family of an SAS sniper say they are ‘bitterly disappointed’ after a judge ruled he would face a retrial over illegally possessing a pistol and ammunition – despite a last-minute claim that prosecutors acted improperly by consulting on the case.”

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The Guardian, 1st May 2013

Source: www.guardian.co.uk

Keogh review of the regulation of cosmetic interventions published – Hardwicke Chambers

Posted May 2nd, 2013 in cosmetic surgery, medical treatment, news, regulations, reports by sally

“The cosmetic interventions sector is widely unregulated and rapidly growing. Claims arising out of procedures going wrong – from non-surgical ‘high street’ treatments to invasive surgical procedures – are on the increase. Today [24 April] sees the long awaited publication of the Department of Health review, led by Professor Sir Bruce Keogh, of the regulation of cosmetic interventions.”

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Hardwicke Chambers, 24th April 2013

Source: www.hardwicke.co.uk

Exclusive: Three in four believe those accused of sexual assaults should be granted anonymity – The Independent

Posted May 2nd, 2013 in anonymity, news, reports, sexual offences by sally

“The Independent poll finds strong public support for the controversial view that suspects in sex cases should enjoy the same right to anonymity as defendants.”

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The Independent, 2nd May 2013

Source: www.independent.co.uk

Supreme court upholds payouts to prisoners over delayed parole hearings – The Guardian

Posted May 2nd, 2013 in compensation, delay, news, parole, Supreme Court by sally

“The UK supreme court has cut the compensation awarded to a life-sentence prisoner whose original release was delayed from £10,000 to £6,500, in a ruling that will nonetheless lead to payouts for scores of convicted murderers, rapists and other violent prisoners.”

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The Guardian, 1st May 2013

Source: www.guardian.co.uk

Every picture tells a story – Hardwicke Chambers

“Jamie Clarke interviews expert clinical photographer and proprietor of Clinical Photography UK, Tim Zoltie on the use of photography in personal injury and clinical negligence claims.”

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Hardwicke Chambers, 24th April 2013

Source: www.hardwicke.co.uk

UK government failing legal duty on air pollution, supreme court rules – The Guardian

Posted May 1st, 2013 in EC law, environmental protection, fines, news, pollution by sally

“The UK government has failed in its legal duty to protect people from the harmful effects of air pollution, the supreme court ruled on Wednesday.”

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The Guardian, 1st May 2013

Source: www.guardian.co.uk

An introduction to qualified one way costs shifting: New CPR 44.13-17 – Hardwicke Chambers

Posted May 1st, 2013 in appeals, civil procedure rules, costs, damages, fees, news by sally

“In ‘part-payment’ for the loss of recoverability of the CFA success fee, Lord Justice Jackson gave Claimants a 10% uplift on general damages, which was enacted in rather peculiar fashion by the Court of Appeal in Simmons v Castle by means that can only be described as ‘judicial legislating’.”

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Hardwicke Chambers, 19th April 2013

Source: www.hardwicke.co.uk

BAILII: Recent Decisions

Posted May 1st, 2013 in law reports by sally

Court of Appeal (Civil Division)

JL, R (on the application of) v Secretary of State for Defence [2013] EWCA Civ 449 (30 April 2013)

High Court (Commercial Court)

England and Wales Cricket Board Ltd v Kaneria [2013] EWHC 1074 (Comm) (21 March 2013)

Source: www.bailii.org

Toughening up prisoner privileges – Ministry of Justice

Posted May 1st, 2013 in news, prisons, rehabilitation by sally

“Significant reforms are being made to toughen up the Incentives and Earned Privileges (IEP) scheme in male adult prisons throughout England and Wales.”

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Ministry of Justice, 30th April 2013

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

Ban on images of Jon Venables and Robert Thompson – Attorney General’s Office

Posted May 1st, 2013 in anonymity, injunctions, news, photography, suspended sentences by sally

“Before Jon Venables and Robert Thompson were released from custody, a court ruled that their identities should remain secret. The court granted an injunction which prevents the media or individuals from publishing images which claim to be of Venables and Thompson (whether or not it is them). The injunction is worldwide and applies equally to the internet, social media and mainstream media.”

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Attorney General’s Office, 30th April 2013

Source: www.gov.uk/ago

Photographers’ anger at law change over ‘orphan works’ – BBC News

Posted May 1st, 2013 in copyright, internet, news, photography by sally

“Photography groups have reacted angrily to new legislation passed in Parliament over the use of copyrighted material when the owner cannot be contacted.”

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BBC News, 29th April 2013

Source: www.bbc.co.uk

Overseas child abductions on the rise – The Guardian

“Cross-border legal disputes involving child abduction and custody rows have more than doubled in the past two years, according to the judicial office specialising in international family cases.”

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The Guardian, 1st May 2013

Source: www.guardian.co.uk

Exeter lawyer’s anti-legal aid tendering petition signed by 24,000 – BBC News

Posted May 1st, 2013 in competition, criminal justice, fees, legal aid, news, tenders by sally

“A petition against proposed changes to criminal legal aid set up by an Exeter-based solicitor has attracted more than 24,000 signatures.”

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BBC News, 30th April 2013

Source: www.bbc.co.uk

No duty to consult employees unaffected by a TUPE transfer, says EAT – OUT-LAW.com

Posted May 1st, 2013 in employment tribunals, news, transfer of undertakings by sally

“There is no requirement for employers to consult with employees working in a part of the business that will not be transferred to a new owner under TUPE laws, the Employment Appeal Tribunal (EAT) has ruled.”

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OUT-LAW.com, 30th April 2013

Source: www.out-law.com

Article 8 and enhanced criminal record certificates –

Posted May 1st, 2013 in criminal records, disclosure, human rights, news, police, teachers by sally

“There have been a number of Panopticon posts about the lawfulness of disclosures in enhanced criminal record certificates. The latest decision is that of Mr Justice Stuart-Smith in R (L) v Chief Constable of Cumbria Constabulary [2013] EWHC 869 (Admin).”

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Panopticon, 30th April 2013

Source: www.panopticonblog.com