EVENT: Queen Mary – CCLS Lecture: Countercyclical Regulation and its Challenges

Posted June 4th, 2013 in Forthcoming events by sally

“The Centre for Commercial Law Studies (CCLS) at Queen Mary, University of London runs a programme of cutting-edge public events throughout the year that reflect the research work of the Centre. In June 2013, CCLS is holding a series of events on Financial Law and Regulation – in particular, a roundtable debate on ‘Systemic Risk and the Future of Insurance Regulation’ with global experts in banking and finance law as well as two public lectures on the themes of ‘Countercyclical Regulation and its Challenges’ and ‘Ring-Fencing’ respectively.”

1 CPD Point

Date: 26th June 2013, 5.30-7.00pm

Location: Lecture Theatre, The Centre for Commercial Law Studies, Queen Mary, University of London, 67-69 Lincoln’s Inn Fields, London WC2A 3JB

Charge: Practitioners: £50, Alumni etc: £30, Students: £10

More information can be found here.

Legal aid residency tests ‘will leave migrant children destitute’ – The Guardian

“Abandoned migrant and trafficked children will be left destitute and at risk of exploitation if the government goes ahead with a plan to introduce residency tests to determine whether they qualify for legal aid, child protection experts are warning.”

Full story

The Guardian, 2nd June 2013

Source: www.guardian.co.uk

EVENT: IALS – Deferred Prosecutions: Coming to the UK and already up and running elsewhere in Europe

Posted June 4th, 2013 in Forthcoming events by sally

“Chair: Professor John Spencer, QC, University of Cambridge; President of the UK European Criminal Law Association

Patrick Rappo, Partner, Steptoe & Johnson, formerly of Serious Fraud Office – The new law and how DPs will work in UK

Francois Franchi, President, Cour d’Appel, Paris – How the French do the same thing, differently!

Ms Lila Sujanani – Legal and practical critique of UK system

Professor Joachim Vogel, RIOLG, Ludwig-Maximilians University, Munich – Prosecution agreements in commercial fraud cases – law and practice in Germany.”

Date: 26th June 2013, 2.30-6.00pm

Location: Institute of Advanced Legal Studies

Charge: Free, registration required

More information can be found here.

EVENT: IALS – The Constitution of the Public Sphere: the post-Leveson Landscape (W G Hart Legal Workshop 2013)

Posted June 4th, 2013 in Forthcoming events by sally

“The WG Hart Legal Workshop 2013 will address the array of legal, regulatory and philosophical questions opened by the Leveson Inquiry and Report, and by the subsequent and related reform debates that have fulminated in recent times. Most obviously, this focuses attention on the emergent scheme for press regulation and how this fits in the wider regulatory context. The phone-hacking scandal, the Leveson Inquiry and associated policy debates have ranged far more widely than this and impinge on many aspects of the legal framing of the public sphere. The public sphere, of course, comprises much more than the British mainstream media. Recognising this, the workshop will also seek to address the relevance of current policy debates and legal and regulatory reform for the new, converging and social dimensions of the media landscape. It will also seek to draw on international and comparative perspectives.”

Date: 24th – 25th June 2013

Location: Institute of Advanced Legal Studies

Charge: Email for more information.

More information can be found here.

Inspectors call for streamlined criminal justice process – Law Society’s Gazette

Posted June 4th, 2013 in criminal justice, Crown Prosecution Service, news, police, reports by sally

“Inspectors of police service and prosecutors have called for decisive action to streamline the criminal justice process and end ‘the spectre of unnecessary bureaucracy’.”

Full story

Law Society’s Gazette, 4th June 2013

Source: www.lawgazette.co.uk

Expert: ruling gives ‘very little comfort’ to employers looking to defend compulsory retirement age in partnership case – OUT-LAW.com

“Employers looking to defend or reintroduce a mandatory retirement age will find ‘very little comfort’ in last week’s decision allowing a law firm to force a partner to retire at 65, an expert has said.”

Full story

OUT-LAW.com, 4th June 2013

Source: www.out-law.com

Man jailed for contempt after attacking judge who had just jailed his brother – The Independent

Posted June 4th, 2013 in assault, contempt of court, judges, news, sentencing by sally

“A fitness instructor who attacked a judge and knocked off his wig has been jailed for 18 months after admitting contempt of court.”

Full story

The Independent, 4th June 2013

Source: www.independent.co.uk

Blowing the Budget – an early warning – Zenith Chambers

Posted June 4th, 2013 in budgets, case management, civil procedure rules, costs, news by sally

“The Costs Management Rules, now set out at Section II of CPR 3, will apply to the majority of multi-track cases issued on or after 1st April 2013.”

Full story (PDF)

Zenith Chambers, 30th May 2013

Source: www.zenithchambers.co.uk

Statutory Wills Update – Thirty Nine Essex Street

Posted June 4th, 2013 in Court of Protection, mental health, news, wills by sally

“This paper addresses the exercise by the Court of Protection of its power under s.18(1)(i) Mental Capacity Act 2005 (‘MCA 2005’) to execute a will for P where P is incapable of making a valid will for him or herself. Such so-called statutory wills (although the phrase does not in fact appear in the MCA 2005) are a very powerful tool that the Court can deploy to protect P and, in particular, P’s estate. Having set the statutory scene, this paper address two key aspects of the Court’s jurisdiction in this regard: (1) the assessment of P’s best interests; and (2) the assessment of P’s testamentary capacity (and, linked, how this assessment relates to the assessment that is undertaken outside the Court’s jurisdiction).”

Full story (PDF)

Thirty Nine Essex Street, May 2013

Source: www.39essex.com

Bar Council responds to legal aid consultation – The Bar Council

“The Bar Council, which represents barristers in England and Wales, has today published its full response to the Ministry of Justice’s (MoJ) controversial consultation paper, Transforming Legal Aid. The response, which runs to over 150 pages, incorporates expert economic and statistical analysis, which forensically examines the Government’s proposals, highlighting major flaws.”

Full story

The Bar Council, 4th June 2013

Source: www.barcouncil.org.uk

Aspect Construction (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Posted June 4th, 2013 in arbitration, construction industry, contracts, damages, law reports by sally

Aspect Construction (Asbestos) Ltd v Higgins Construction plc [2013] EWHC 1322 (TCC); [2013] WLR (D) 211

“A construction contract did not contain an implied term that a party to the contract, unsuccessful in adjudication, was entitled to have a final and binding resolution of the dispute determined by litigation.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

In re Joseph Hill & Co, Solicitors – WLR Daily

Posted June 4th, 2013 in appeals, criminal procedure, delay, evidence, law reports, witnesses by sally

In re Joseph Hill & Co, Solicitors [2013] EWCA Crim 775 ; [2013] WLR (D) 210

“There was a statutory obligation on the defence to give notice to the prosecution of the name, address and date of birth of any witness whom the defendant believed was able to give evidence in support of his alibi. If there was a practice of advising that the names and addresses of alibi witnesses should not be disclosed unless and until they had provided signed proofs of evidence, that practice was misguided and wrong.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Regina v Jawad – WLR Daily

Regina v Jawad [2013] EWCA Crim 644; [2013] WLR (D) 209

“There was no mandatory duty to take the confiscation order made under the Proceeds of Crime Act 2002 into account when deciding on a compensation order, but the question of compensation might have been relevant to disproportion, if compensation meant that money restored to the loser would have been counted again in the confiscation order, so it was necessary to consider both issues together.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Government’s justice reforms could push innocent people to plead guilty, warns regulator – Bar Standards Board

“Plans to pay legal aid lawyers the same amount for a ‘guilty’ or ‘not guilty’ plea could lead to defendants being pressurised into pleading guilty, warns the Bar Standards Board (BSB). The BSB is responsible for regulating barristers in the public interest, upholding the rule of law and protecting consumers.”

Full story

Bar Standards Board, 3rd June 2013

Source: www.barstandardsboard.org.uk

Growing amount of legal work can be “de-lawyered”, says LSB director – Legal Futures

“A growing amount of legal work could be ‘de-lawyered’ and provided by organisations that offer a wide range of legal and non-legal services, the strategy director of the Legal Services Board (LSB) has suggested.”

Full story

Legal Futures, 4th June 2013

Source: www.legalfutures.co.uk

Lift off for Budgetary Control – New Law Journal

Posted June 4th, 2013 in budgets, case management, costs, news by sally

“HH Simon Brown QC continues his exclusive NLJ online series on costs management post-Jackson.”

Full story

New Law Journal, 31st May 2013

Source: www.newlawjournal.co.uk

Barristers attack legal aid plans from government – BBC News

Posted June 4th, 2013 in barristers, competition, criminal justice, legal aid, news, solicitors, tenders by sally

“Barristers have attacked plans to cut £220m from the annual criminal case legal aid budget in England and Wales.”

Full story

BBC News, 4th June 2013

Source: www.bbc.co.uk

Minister tells profession to adapt to “the new circumstances” of life in the law – Legal Futures

Posted June 4th, 2013 in consultations, legal aid, legal profession, news, parliament by sally

“Solicitors and barristers will have to adjust to ‘the new circumstances’ they are facing as a result of legal aid and other reforms ‘if they are going to survive’, justice minister Lord McNally said yesterday.”

Full story

Legal Futures, 4th June 2013

Source: www.legalfutures.co.uk

‘New law needed’ after collapse of care home neglect case – BBC News

Posted June 4th, 2013 in bills, care homes, elderly, negligence, news by sally

“The collapse of Britain’s biggest investigation into elderly care home neglect has prompted calls for a reform of the law.”

Full story

BBC News, 4th June 2013

Source: www.bbc.co.uk

Woolworths collective redundancy verdict renders “establishment” concept irrelevant, says expert – OUT-LAW.com

Posted June 4th, 2013 in appeals, consultations, employment tribunals, news, redundancy by sally

“Employers seeking to make redundancies at multiple business locations could be forced to consult employees on their plans following a recent Employment Appeal Tribunal (EAT) decision, an expert has said.”

Full story

OUT-LAW.com, 3rd June 2013

Source: www.out-law.com