Care home death accused walks free – The Independent

Posted November 15th, 2011 in arson, care workers, homicide, news, retrials by sally

“A young care home worker walked free today after a jury failed to reach a verdict on whether she killed an elderly resident by setting fire to her room.”

Full story

The Independent, 14th November 2011

Source: www.independent.co.uk

Stoke Newington cigarette row: Two jailed over killing – BBC News

Posted November 15th, 2011 in alcoholism, murder, news, sentencing by sally

“Two people have been jailed over the killing of a housemate in north London.”

Full story

BBC News, 14th November 2011

Source: www.bbc.co.uk

Changes mean outlook is bleak for unrepresented litigants – The Guardian

Posted November 15th, 2011 in civil justice, litigants in person, news, reports by sally

“The new Civil Justice Council paper on the plight of litigants in person pulls no punches. The number of people unfortunate enough to come before the courts without a lawyer ‘will increase and with considerable scale’.”

Full story

The Guardian, 14th November 2011

Source: www.guardian.co.uk

Trade body says ECJ ruling could undermine private copying law reforms – OUT-LAW.com

Posted November 15th, 2011 in compensation, copyright, EC law, intellectual property, news by sally

“UK copyright reform could be ‘undermined’ if the European Court of Justice (ECJ) rules that copyright levies must still be charged when rights holders have given their permission for work to be copied, an IT trade association has said.”

Full story

OUT-LAW.com, 14th November 2011

Source: www.out-law.com

Oliver Letwin breached data protection laws, report confirms – The Guardian

Posted November 15th, 2011 in data protection, documents, ministers' powers and duties, news by sally

“Oliver Letwin committed a series of data protection breaches by dumping correspondence from constituents in a park bin close to Downing Street, according to the information commissioner.”

Full story

The Guardian, 15th November 2011

Source: www.guardian.co.uk

Teacher William Drury jailed after teens had sex in car – BBC News

“A drama teacher who watched as two teenagers had sex on the back seat of his car has been jailed.”

Full story

BBC News, 14th November 2011

Source: www.bbc.co.uk

New report on impact of legal aid cuts on disabled people – LAG News Blog

Posted November 14th, 2011 in benefits, budgets, disabled persons, legal aid, legal services, news by sally

“LAG commissioned the disability charity Scope to research the impact of the proposed cuts in legal aid on benefits advice for disabled people. The report, Legal aid in welfare: the tool we can’t afford to lose, which is published today, demonstrates the serious consequences of the government’s proposals on disabled people and argues that taking benefits advice out of scope will undermine the government’s welfare reform programme.”

Full story

LAG News Blog, 14th November 2011

Source: www.legalactiongroupnews.blogspot.com

Leveson goes live – UK Human Rights Blog

Posted November 14th, 2011 in inquiries, internet, media, news, privacy by sally

“Today marks a minor landmark for open justice. For the first time, a public inquiry is being shown live over the internet.”

Full story

UK Human Rights Blog, 14th November 2011

Source: www.ukhumanrightsblog.com

Cheshire West and Chester Council v P (by his litigation friend the Official Solicitor) – WLR Daily

Posted November 14th, 2011 in disabled persons, human rights, law reports, mental health, restraint by sally

Cheshire West and Chester Council v P (by his litigation friend the Official Solicitor) [2011] EWCA Civ 1257; [2011] WLR (D) 325

“In determining whether or not there was a deprivation of liberty, it was legitimate to have regard both the objective ‘reason’ why someone was placed and treated as they were and also the objective ‘purpose’ or ‘aim’ of the placement. For adults with disabilities, whose lives were dictated by their own cognitive and other limitations, the question whether they had been deprived of liberty fell to be determined by comparing their situation with that of an adult of similar age with the same capabilities, affected by the same condition or suffering the same inherent mental and physical disabilities and limitations.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

McGuinness v Norwich and Peterborough Building Society – WLR Daily

Posted November 14th, 2011 in bankruptcy, debts, guarantees, law reports, surety by sally

McGuinness v Norwich and Peterborough Building Society [2011] EWCA Civ 1286; [2011] WLR (D) 324

“A petition in bankruptcy against a guarantor could be founded, in certain circumstances, upon a guarantee which had contained a ‘see to it’ clause.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Literature reviews concerning quality in legal services – Legal Services Board

Posted November 14th, 2011 in legal services, news, quality assurance by sally

“The Legal Services Board (LSB) is today (12 November) publishing two literature reviews designed to inform policy development on measures aiming to ensure quality in legal services.”

Full story

Legal Services Board, 12th November 2011

Source: www.legalservicesboard.org.uk

“The voicing of suspicions…” Gale and Others v Serious Organised Crime Agency [2011] UKSC 49 – 23 Essex Street

Posted November 14th, 2011 in news, proceeds of crime by sally

“On 26th October 2011 the Supreme Court gave judgment in the first Part V [civil recovery] case Proceeds of Crime Act 2002 (‘POCA’) to reach the highest court in the land.”

Full story

23 Essex Street, 10th November 2011

Source: www.23es.com

Procedural Control Mechanisms – Strike Out, Deposits, Stays and Costs – 11 KBW

Posted November 14th, 2011 in costs, deposits, employment tribunals, news, stay of proceedings, striking out by sally

“The Employment Tribunal system is under attack! It is regularly exposed to criticism as being inefficient, costing those who participate in it too much money and amounting to a disproportionate burden on business. Such criticism has been made all the more fiercely of late both because of the economic climate and also because the Government has been reviewing the Employment Tribunal system with the express aim of reducing the burden placed on business by it.”

Full story (PDF)

11 KBW, 10th November 2011

Source: www.11kbw.com

Election for the 2011 Bar Council: Results – The Bar Council

Posted November 14th, 2011 in barristers, elections, news by sally

“The Bar Council have today released the election results for 2011.”

The results are available here (Word)

The Bar Council, 10th November 2011

Source: www.barcouncil.org.uk

Focusing Expert Evidence and Controlling Costs – Fourth Lecture in the Implementation Programme – Speech by Lord Justice Jackson

Posted November 14th, 2011 in costs, evidence, expert witnesses, speeches by sally

Focusing Expert Evidence and Controlling Costs – Fourth Lecture in the Implementation Programme (PDF)

Speech by Lord Justice Jackson

The Bond Solon Annual Expert Witness Conference, 11th November 2011

Source: www.judiciary.gov.uk

Is following people illegal? News of the World investigation techniques and the civil law – Legal Week

Posted November 14th, 2011 in data protection, harassment, media, news, private investigators by sally

“The BBC revealed last week that the News of the World (NoW) had engaged ex-policeman Derek Webb to carry out covert surveillance of more than 100 individuals. From 2003 through to 2011 Webb worked for the newspaper following celebrities, royals, politicians and others, sometimes for days, or weeks at a time. For example, former Home Secretary Charles Clarke MP is said to have been watched for more than 20 days.”

Full story

Legal Week, 14th November 2011

Source: www.legalweek.com

Monetary remedies in the Tribunal (including interim relief); Maximising the value or minimising the pain – 11 KBW

Posted November 14th, 2011 in compensation, employment tribunals, news, pensions, unfair dismissal by sally

A recession tends to lead to more claims but fewer trials. Employees naturally look for ways to maximise the value of their claims – particularly by reference to causes of action that bust the cap for a ‘vanilla’ unfair dismissal – often (in the case of high value employees) by reference to the whistleblowing legislation. The ‘bar’ for what qualifies for protection as a whistleblowing disclosure is set relatively low, and an employee dismissed from (say) employment in the financial services sector can usually identify something he or she has said in the recent past that can be held out as ‘revealing’ the employer’s true motivation for dismissing and/or as supporting a section 103A claim. On the flip side, recessions may give employers greater scope for ‘Polkey Chance’ arguments – market uncertainty undermines security of employment, and even if the employee has been unfairly dismissed now, who is to say that he or she would still have been in post in a year’s time?

Full story (PDF)

11 KBW, 10th November 2011

Source: www.11kbw.com

Silks who make the cut at the Supreme Court – The Lawyer

Posted November 14th, 2011 in advocacy, news, queen's counsel, Supreme Court by sally

“Successful Supreme Court silks are a special breed, with the same names dominating the most high-profile cases. Katy Dowell reports.”

Full story

The Lawyer, 14th November 2011

Source: www.thelawyer.com

Rescue me … insolvency issues for employment lawyers – 11 KBW

Posted November 14th, 2011 in employment, insolvency, news, transfer of undertakings by sally

“The policy aim behind the legislation governing insolvency is that of facilitating the so-called ‘rescue culture’ by making insolvent employers more attractive to prospective purchasers. The policy aim behind employment protection legislation is to provide valuable rights for employees. It is unsurprising that, when these two policy aims collide, problems arise.”

Full story (PDF)

11 KBW, 10th November 2011

Source: www.11kbw.com

Phone hacking: Leveson inquiry into press ethics starts – BBC News

Posted November 14th, 2011 in inquiries, interception, media, news, privacy by sally

“A judge-led inquiry launched after the News of the World phone-hacking scandal is to begin examining press practices.”

Full story

BBC News, 14th November 2011

Source: www.bbc.co.uk