Bar Council Publishes Legal Aid Consultation Core Case – Family Law Bar Association

Posted May 14th, 2013 in barristers, consultations, fees, legal aid, news, tenders by sally

“The Bar Council has published a document summarising it’s core case in respect of the current consultation in respect of legal aid. Read that document here. The proposals include the introduction of Price Competitive Tendering in criminal work and further fee cuts to solicitors (10%) and experts (20%) in family cases.”

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Family Law Bar Association, 8th May 2013

Source: www.flba.co.uk

Why We Need an Animal Abuser Registry – Criminal Law and Justice Weekly

Posted May 14th, 2013 in animal cruelty, child abuse, crime prevention, news, sexual offences by sally

“Criminals generally grow out of offending with the onset of a delayed maturity or when they become too old to accept the prospect of another spell in prison. However, one group of criminals are constant in their failure to change whatever their age: sex offenders. Although it is a cliché relied upon by defence counsel on behalf of every priest who molests a choirboy or teacher who robs a schoolgirl of her innocence that he acted “out of character”, each advocate is wrong. The reason is for pederasts and rapists and their ilk, their offences are not out of character, but part of their character.”

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Criminal Law and Justice Weekly, 10th May 2013

Source: www.criminallawandjustice.co.uk

Software Patents: HTC Europe Co Ltd v Apple Inc – NIPC Law

Posted May 14th, 2013 in appeals, computer programs, EC law, news, patents by sally

“In HTC Europe Co Ltd v Apple Inc [2013] EWCA Civ 451 (3 May 2013), the Court of Appeal (Lord Justices Richards, Lewison and Kitchin) ventured again into what Lord Justice Lewison described at paragraph [140] of the Court’s judgment as “the minefield of the exclusion from patentability of computer programs ‘as such’.”

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NIPC Law, 13th May 2013

Source: www.nipclaw.blogspot.co.uk

Interesting times – New Law Journal

Posted May 14th, 2013 in agreements, consumer credit, costs, interest, law firms, loans, news by sally

“In Jeffrey Jones v SoS for Energy and Climate Change [2012] EWHC 2936 (QB) the High Court considered the use of credit agreements between a law firm and its clients.”

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New Law Journal, 13th May 2013

Source: www.newlawjournal.co.uk

Pitt and another v Holt and another; Futter and another v Futter and others – WLR Daily

Posted May 14th, 2013 in financial advice, law reports, mistake, Supreme Court, taxation, trusts by sally

Pitt and another v Holt and another; Futter and another v Futter and others [2013] UKSC 26; [2013] WLR (D) 172

“The court’s jurisdiction to intervene in a decision made by trustees who were acting within their power arose only if they could be shown to have acted in breach of duty. Trustees who wished to exercise a discretion which was within their powers and sought and acted on the advice of apparently competent professional advisers not in breach of duty merely because the professional advice turned out to be incorrect.”

WLR Daily, May 2013

Source: www.iclr.co.uk

Taylor v Chief Constable of Hampshire Police – WLR Daily

Taylor v Chief Constable of Hampshire Police [2013] EWCA Civ 496; [2013] WLR (D) 171

“The Personal Protective Equipment at Work Regulations 1992 were engaged with respect to risks from sharp edges in a claim for damages for personal injury once such a risk was shown to be more than de minimis, and the employer had to provide suitable equipment to protect against that risk unless working methods could provide equal or more effective protection.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

Family law: a “time-consuming and morally shadowy activity”? – Halsbury’s Law Exchange

Posted May 14th, 2013 in family courts, legal profession, news by sally

“Recently an article in the Guardian described family law as a ‘time-consuming and morally shadowy activity’ and suggested that family lawyers ‘sleep in a bed that has been paid for by the unhappiness of others’. This was an article on ‘gold diggers’, a group hardly representative of the general population. But if ever a profession needed good PR, it’s family lawyers. The legal profession as a whole gets a pretty bad press, making it a fairly easy task for the government to promote other methods of obtaining legal advice and dispute resolution, as if entering the office of a lawyer who works with individual clients is something to be avoided, an easy way to empty your wallet with no obvious benefits.”

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Halsbury’s Law Exchange, 14th May 2013

Source: www.halsburyslawexchange.co.uk

Sun on Sunday pays damages to man wrongly linked to serial killer – The Guardian

Posted May 14th, 2013 in costs, damages, media, news by sally

“The Sun on Sunday ran a front page ‘world exclusive’ last November headlined ‘I’m Fred West’s love child’.”

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The Guardian, 13th May 2013

Source: www.guardian.co.uk

Whistleblowing – what’s in the public interest? – Halsbury’s Law Exchange

Posted May 14th, 2013 in employment, legislation, news, public interest, whistleblowers by sally

“Hardly a day goes by without whistleblowing being in the news. Just last month, two police officers were suspended in Cumbria for leaking information to the press about the expenses of an elected Police Commissioner. Last month, the Robert Francis Inquiry published its findings in to the high mortality rates at Mid Staffordshire NHS Trust, which found a culture of fear and silence throughout the organisation which discouraged staff from raising concerns about patient safety. According to research of the University of Greenwich, 80% of the public feel that whistleblowers should be protected. It seems like we are all agreed that we need more whistleblowers and that they should be protected. But why do we continue to hear about whistleblowers being victimised? As we have seen from the Cumbrian example, should police officers be suspended for raising concerns about the expenses of an elected official? When is whistleblowing in the public interest?”

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Halsbury’s Law Exchange, 13th May 2013

Source: www.halsburyslawexchange.co.uk

Failure to comply with the ACAS Code – Employment Law Blog

“Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the Employment Act 2008, is concerned with the effect of failure to comply with the ACAS Code. In Lund v St Edmund’s School the EAT, presided over by Keith J, has held that, when considering whether ‘it is just and equitable in all the circumstances’, pursuant to Section 207A, to make an uplift to a compensatory award for an employer’s failure to follow the Code, an Employment Tribunal should not take into account the fact the employee had contributed to his dismissal.”

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Employment Law Blog, 14th May 2013

Source: www.employment11kbw.com

Judge bars affair revenge naked pictures – Daily Telegraph

Posted May 14th, 2013 in injunctions, news, photography, privacy by sally

“A married woman has won the backing of a High Court judge to stop naked photographs of her being distributed by the man with whom she was having an affair and by his furious girlfriend.”

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Daily Telegraph, 13th May 2013

Source: www.telegraph.co.uk

Further action may be needed on voting fraud – watchdog – BBC News

Posted May 14th, 2013 in elections, fraud, identification, news by sally

“Restrictions on postal voting and identity checks at polling stations may be needed to help crack down on fraud, the elections watchdog has said.”

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BBC News, 14th May 2013

Source: www.bbc.co.uk

Child sexual abuse orders failing to deliver, says Ceop – BBC News

Posted May 14th, 2013 in children, crime prevention, news, reports, sexual offences by sally

“The system of civil court orders designed to prevent sexual abuse of children in Britain is ‘not fit for purpose’, according to a report obtained by the BBC.”

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BBC News, 14th May 2013

Source: www.bbc.co.uk

Metropolitan police issue cautions for crimes including rape, figures reveal – The Guardian

Posted May 14th, 2013 in cautions, news, police, statistics by sally

“Nearly 29,000 cautions were handed to criminals by the Metropolitan police in the year to March for offences including robbery, drug-trafficking and rape.”

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The Guardian, 13th May 2013

Source: www.guardian.co.uk

Assisted suicide should be regulated by courts, senior judges told – The Guardian

Posted May 14th, 2013 in assisted suicide, bills, defences, news by sally

“Courts should be able to regulate individual requests for assisted suicide without reference to parliament, senior judges have been told.”

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The Guardian, 13th May 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 13th, 2013 in law reports by sally

Court of Appeal (Civil Division)

London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 (10 May 2013)

Court of Appeal (Criminal Division)

Hussain,

R v [2013] EWCA Crim 707 (10 May 2013)

R, M & L, R v [2013] EWCA Crim 708 (10 May 2013)

London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 (10 May 2013)

Mahil & Ors v R. [2013] EWCA Crim 673 (09 May 2013)

High Court (Administrative Court)

MN & Anor v London Borough of Hackney [2013] EWHC 1205 (Admin) (10 May 2013)

Samuel Smith Old Brewery Tadcaster v Selby District Council [2013] EWHC 1159 (Admin) (10 May 2013)

High Court (Chancery Division)

RC Brewery Ltd v HM Revenue and Customs [2013] EWHC 1184 (Ch) (10 May 2013)

Slocom Trading Ltd & Anor v Tatik Inc & Ors [2013] EWHC 1201 (Ch) (10 May 2013)

Kuppusamy v Mathankanna & Anor [2013] EWHC 1197 (Ch) (10 May 2013)

High Court (Commercial Court)

Seagrain LLC v Glencore Grain B V [2013] EWHC 1189 (Comm) (10 May 2013)

Kingsway Shipping Co Ltd v Stx Gulf Shipping DMCCO, Re YONG JIN [2013] EWHC 1149 (Comm) (07 May 2013)

High Court (Queen’s Bench Division)

The Serious Organised Crime Agency v Namli & Ors [2013] EWHC 1200 (QB) (10 May 2013)

Romero Insurance Brokers Ltd v Templeton & Anor [2013] EWHC 1198 (QB) (10 May 2013)

National Westminster Bank v Frankham [2013] EWHC 1199 (QB) (10 May 2013)

High Court (Technology and Construction Court)

Farrelly (M & E) Building Services Ltd v Byrne Brothers (Formwork) Ltd [2013] EWHC 1186 (TCC) (09 May 2013)

Source: www.bailii.org

Ahmadi v Secretary of State for the Home Department – WLR Daily

Posted May 13th, 2013 in appeals, asylum, immigration, interpretation, law reports by sally

Ahmadi v Secretary of State for the Home Department: [2013] EWCA Civ 512; [2013] WLR (D) 170

“Where a notice of immigration decision contained combined notice of both a refusal of an application for variation of leave to remain and a decision that the applicant should be removed by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006, the removal decision was invalid.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 13th, 2013 in legislation by sally

The New Parks for People (England) Joint Scheme (Authorisation) Order 2013

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013

The Town and Country Planning (Compensation) (England) Regulations 2013

The Criminal Justice Act 2003 (Commencement No. 31 and Saving Provisions) Order 2013

The Coroners and Justice Act 2009 (Commencement No. 13) Order 2013

The Registered Pension Schemes (Reduction in Pension Rates, Accounting and Assessment) (Amendment) Regulations 2013

The Growth and Infrastructure Act 2013 (Commencement No. 1 and Transitional and Saving Provisions) Order 2013

Source: www.legislation.gov.uk

Command papers – official-documents.gov.uk

Posted May 13th, 2013 in parliamentary papers by sally

Government response to the Political and Constitutional Reform Select Committee report: the prospects for codifying the relationship between central and local government Government response to the Political and Constitutional Reform Committee’s report, Cm 8623 (PDF)

The Care Bill explained: including a response to consultation and pre-legislative scrutiny on the draft Care and Support Bill, Cm 8627 (PDF)

Government response to the Northern Ireland Affairs Committee pre-legislative scrutiny report on the draft Northern Ireland (Miscellaneous Provisions) Bill, Cm 8621 (PDF)

Government response to the fifth report of the House of Commons Work and Pensions Select Committee, session 2012-13, into Part 1 of the draft Pensions Bill, Cm 8620 (PDF)

Source: www.official-documents.gov.uk

Ramsey: costs management limits being reviewed – Litigation Futures

Posted May 13th, 2013 in costs, damages, judges, limitations, news, solicitors by sally

“The £2m limit above which commercial cases are not subject to automatic costs management is being reviewed, the judge in charge of Jackson implementation has revealed, while also hinting that pre-issue costs may come within costs management in future.”

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Litigation Futures, 13th May 2013

Source: www.litigationfutures.com