New CPR to be amended next month, rule committee chief reveals – Litigation Futures

Posted February 18th, 2013 in civil procedure rules, fees, news, proportionality, solicitors by sally

“There will be another statutory instrument (SI) next month to tidy up the one published last week with changes to the Civil Procedure Rules, after a warning that the new rule on proportionality could affect millions of pounds worth of work already done by solicitors.”

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Litigation Futures, 18th February 2013

Source: www.litigationfutures.com

Criminal Cases Review Commission – better the devil you know? – Halsbury’s Law Exchange

Eddie Gilfoyle’s case is one of a relatively small number of alleged miscarriages of justice that stubbornly refuse to go away. On 4 June 1992, his wife, Paula Gilfoyle, was found, eight and a half months pregnant, hanging from a rope tied to a roof beam in the garage. For the last 20 years Mr Gilfoyle has protested his innocence, arguing that Paula’s death was a tragic suicide. The prosecution argument was that expectant mothers don’t kill themselves, especially bubbly young women with everything to live for.

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Halsbury’s Law Exchange, 15th February 2013

Source: www.halsburyslawexchange.co.uk

What a tangled web… – NearlyLegal

Posted February 18th, 2013 in company directors, consumer credit, loans, news, tribunals, winding up by sally

“Since our post on Barons Finance Limited, we’ve heard various things about the property and landlord related activities of Barons Finance and assorted other companies under the control of Dharam Prakash Gopee. As it appears that Mr Gopee has on at least one occasion continued to pursue proceedings (including appearing in the appeal permission in the last post) for Barons Finance Limited, despite the company having been wound up and a liquidator having been appointed by the Court, we hope this post might be of use for people acting for Defendants in possession proceedings, duty scheme advisers and hopefully members of the judiciary who are unaware of the relevant court decisions and orders.”

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NearlyLegal, 17th February 2013

Source: www.nearlylegal.co.uk

Supreme Court upholds FSA’s power to regulate extended warranties – OUT-LAW.com

Posted February 18th, 2013 in consumer protection, contracts, financial regulation, insurance, news, warranties by sally

“The Financial Services Authority (FSA) was within it rights to close down two unauthorised extended warranty schemes, regardless of whether the cover involved the payment of money to customers, the Supreme Court has confirmed.”

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OUT-LAW.com, 15th February 2013

Source: www.out-law.com

Police consider bringing criminal charges against Stafford hospital staff – The Guardian

Posted February 18th, 2013 in doctors, duty of care, hospitals, negligence, news, police, reports, unlawful killing by sally

“Police and prosecutors are studying a damning report into ‘appalling’ failures of care at an NHS hospital where hundreds of patients needlessly died, to examine whether any criminal charges need to be brought against those involved.”

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The Guardian, 15th February 2013

Source: www.guardian.co.uk

Can Google be sued for the content of blogs on its platform? – UK Human Rights Blog

Posted February 18th, 2013 in defamation, internet, news, publishing, vicarious liability by sally

“The Court of Appeal has ruled that in principle, an internet service provider that allowed defamatory material to remain on a blog hosted on its platform after it had been notified of a complaint might be a ‘publisher’ of this material, although in this case the probable damage to the complainant’s reputation over a short period was so trivial that libel proceedings could not be justified.”

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UK Human Rights Blog, 17th February 2013

Source: www.ukhumanrightsblog.com

Theresa May attacks judges over deportation rules – The Guardian

Posted February 18th, 2013 in deportation, extradition, families, human rights, immigration, judiciary, news by sally

“The home secretary, Theresa May, has accused judges of ‘subverting’ British democracy and making the streets of Britain more dangerous by ignoring rules aimed at deporting more foreign criminals.”

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The Guardian,

Source: www.guardian.co.uk

Part-time judges to get up to £2 billion in public pensions – Daily Telegraph

Posted February 18th, 2013 in judiciary, news, part-time work, pensions by sally

“Thousands of part-time judges will be entitled to a public-sector pension for the first time at a cost of up to £2 billion following a ruling by fellow judges in the highest court in the land.”

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Daily Telegraph, 17th February 2013

Source: www.telegraph.co.uk

Hillsborough families to sue Kelvin MacKenzie over ‘reckless’ coverage – The Guardian

Posted February 18th, 2013 in compensation, defamation, media, news, police, victims by sally

“Kelvin MacKenzie, the former editor of the Sun, faces being sued for malfeasance over his newspaper’s coverage of the Hillsborough football disaster.”

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The Guardian, 16th February 2013

Source: www.guardian.co.uk

Denham ‘crash for cash’ men jailed for Baljinder Gill death – BBC News

“Three men who deliberately caused a car crash that led to another collision in which a woman died have been jailed.”

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BBC News, 15th February 2013

Source: www.bbc.co.uk

New patent law will help UK business – The Independent

Posted February 18th, 2013 in costs, EC law, news, patents, small businesses by sally

“British inventors and entrepreneurs will be able to save thousands of pounds in the cost of patenting their new ideas under rules to be agreed by Vince Cable this week.”

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The Independent, 17th February 2013

Source: www.independent.co.uk

Rape suspects ‘should not be named’ – The Guardian

Posted February 18th, 2013 in anonymity, criminal justice, news, rape, recidivists by sally

“Anti-rape campaigners have dismissed proposals for alleged rapists to be granted anonymity to avoid lasting stigma if they are cleared.”

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The Guardian, 17th February 2013

Source: www.guardian.co.uk

Supreme court denies government pressure to select a woman – The Guardian

Posted February 15th, 2013 in judiciary, news, Supreme Court, women by sally

“The UK supreme court has denied rumours that it has come under pressure from the government to select a woman for appointment to one of three current vacancies.”

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The Guardian, 15th February 2013

Source: www.guardian.co.uk

European Court awards damages to prisoner after Parole Board backlog – UK Human Rights Blog

Posted February 15th, 2013 in damages, delay, human rights, news, parole by sally

“On 29 January the Chamber of the European Court of Human Rights held that convicted rapist Samuel Betteridge’s Article 5(4) rights had been breached due to delays in his cases being considered by the Parole Board, and awarded him damages for his ‘frustration’.”

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UK Human Rights Blog, 15th February 2013

Source: www.ukhumanrightsblog.com

LSB recommends regulation of will-writing activities – Legal Services Board

Posted February 15th, 2013 in consumer protection, legal services, Legal Services Board, news, wills by sally

“The Legal Services Board is today [13 February] recommending to the Lord Chancellor that will writing activities should be made subject to regulation, so that the significant risks consumers currently face when using these critical services is reduced.”

Full story (PDF)

Legal Services Board, 13th February 2013

Source: www.legalservicesboard.org.uk

Disgraced peer Lord Hanningfield wins damages from Essex Police over arrest – The Independent

Posted February 15th, 2013 in damages, expenses, false accounting, news, police, warrants by sally

“A former Tory peer who was jailed over the parliamentary expenses scandal has won £3,500 damages from Essex Police.”

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The Independent, 15th February 2013

Source: www.independent.co.uk

Google countersues BT over patents – The Guardian

Posted February 15th, 2013 in internet, news, patents, telecommunications by sally

“Web giant calls telecoms company’s lawsuit ‘meritless’, and claims its own intellectual property has been infringed.”

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The Guardian, 14th February 2013

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted February 15th, 2013 in parliamentary papers by sally

Scotland analysis: Devolution and the implications of Scottish independence, Cm 8554 (PDF)

Publication of Draft Legislation Northern Ireland (Miscellaneous Provisions), Cm 8563 (PDF)

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Uzbekistan concerning the procedure for the ground transit of cargo from the Islamic Republic of Afghanistan through the territory of the Republic of Uzbekistan in connection with the participation of the United Kingdom of Great Britain and Northern Ireland in efforts to ensure the Security, Stabilisation and Reconstruction of the Islamic Republic of Afghanistan with mandatory involvement of the state joint-stock Railway company “Uzbekiston temir yullari”, Cm 8522 (PDF)

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Uzbekistan on procedures for implementing transit through the territory of the Republic of Uzbekistan of Motorised Armoured Vehicles (without weapons) being transported out of the Islamic Republic of Afghanistan in connection with the participation of the United Kingdom of Great Britain and Northern Ireland in efforts to ensure the Security, Stabilisation and Reconstruction of the Islamic Republic of Afghanistan, Cm 8523 (PDF)

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Uzbekistan on the Air Transit of cargo and personnel through the territory of the Republic of Uzbekistan in connection with the participation of the United Kingdom of Great Britain and Northern Ireland in efforts to ensure the Security, Stabilisation and Reconstruction of the Islamic Republic of Afghanistan, Cm 8524 (PDF)

Transforming Youth Custody: Putting education at the heart of detention, Cm 8564 (PDF)

Memorandum to the Environment, Food and Rural Affairs Select Committee: Post-Legislative Assessment of the Commons Act 2006, Cm 8551 (PDF)

Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania on the Transfer of Sentenced Persons, Cm 8559 (PDF)

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of the Philippines Concerning Air Services, Cm 8560 (PDF)

Protocol between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Mauritius to amend the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains, Signed at London on 11 February 1981, as amended by the Protocols Signed at Port Louis on 23 October 1986 and 27 March 2003, Cm 8561 (PDF)

Protocol between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of South Africa to amend the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital Gains, Signed at London on 4 July 2002, Cm 8562 (PDF)

Source: www.official-documents.gov.uk

Subsidiaries as “branches” for undertakings: a new route to jurisdiction under Article 5(5) of the Brussels Regulation? – Competition Bulletin from Blackstone Chambers

Posted February 15th, 2013 in competition, conflict of laws, EC law, jurisdiction, news, subsidiary companies by sally

“Stand alone, follow on and hybrid damages claims arising out of multijurisdictional cartels are generating some of the most novel and interesting current problems in conflicts of laws, both in relation to issues of jurisdiction and applicable law. On the jurisdictional side conventional wisdom has it that there are three main routes by which Claimants can seize English jurisdiction.”

Full story

Competition Bulletin from Blackstone Chambers, 14th February 2013

Source: www.competitionbulletin.com

Google must act quickly on libellous Blogger posts, says appeal court – The Guardian

Posted February 15th, 2013 in defamation, internet, news by sally

“Google may have to act quicker to remove potentially libellous posts from its Blogger platform following a court of appeal ruling in London.”

Full story

The Guardian, 14th February 2013

Source: www.guardian.co.uk