There but for the grace of God? : a consideration of recent fatal road traffic cases – Zenith Chambers
“Since 18th August 2008 there has been an offence on the statute books which effectively criminalises what in many cases amount to little more than minor errors of judgement; this offence carries with it the prospect of the alleged offender being sent to prison for anything up to five years. Section 2B of the Road Traffic Act 1988 (inserted by the Road Safety Act 2006) introduced motorists to the offence of causing death by careless or inconsiderate driving. It was undoubtedly enacted because of increased public (and tabloid) disquiet about the previous alternative to the more serious offence of causing death by dangerous driving (s1 RTA 1988); this was, of course, the much less serious charge of careless and inconsiderate driving (s3 RTA 1988), which carried only a financial penalty and a discretionary disqualification from driving. Since the implementation of s2B RTA 1988, however, the prosecuting authorities have become increasingly keen to charge drivers with this offence; indeed, matters now appear to have reached the point where their default position seems to be that simply because a fatality arises from a road traffic collision, then a prosecution must follow, irrespective of where the fault for the collision lies. The exercise of any proper judgement as to whether it is in the public interest to pursue a prosecution in
many such cases seems to have completely evaporated.”
Full story (PDF)
Zenith Chambers, 27th March 2012
Source: www.zenithchambers.co.uk
Regina v Newell – WLR Daily
Regina v Newell [2012] EWCA Crim 650; [2012] WLR (D) 105
“A statement made on a plea and case management hearing form by the defendant’s counsel, although admissible in principle as a matter of law, should not, in the exercise of the court’s discretion under section 78 of the Police and Criminal Evidence Act 1984 (‘PACE’), be admitted in evidence against the defendant at trial, provided that the case had been conducted in accordance with the letter and the spirit of the Criminal Procedure Rules 2011.”
WLR Daily, 30th March 2012
Source: www.iclr.co.uk
Bonfire of ‘dead wood statutes’ to claim 800 obsolete laws – Daily Telegraph
“A law passed in 1696 to raise funds for the rebuilding of St Paul’s Cathedral after the Great Fire of London is one of 800 obsolete Acts due to be wiped from the statute book this summer.”
Daily Telegraph, 2nd April 2012
Source: www.telegraph.co.uk
The New Practice Direction on Insolvency Proceedings (February 2012) – Hardwicke Chambers
“On 23 February 2012, with surprisingly little fanfare, the Chancellor of the High Court issued a new Insolvency Practice Direction (PD 2012). PD 2012 came into force with immediate effect. It not only replaces the existing practice direction (PD 1999) but also ‘all previous Practice Directions, Practice Statements and Practice Notes’ relating to insolvency proceedings.”
Hardwicke Chambers, 29th March 2012
Source: www.hardwicke.co.uk
Three Articles on Local Government Law – 11 KBW
Local Government Law Update: 28th March (PDF)
Local Government Law Update: 30th March (PDF)
Local Government Law Update: 2nd April (PDF)
11 KBW, April 2012
Source: www.11kbw.com
TUC warns over unfair dismissal law time change – BBC News
“Increasing the time before workers are protected from unfair dismissal from one year to two years could affect 2.7 million people, union bosses have said.”
BBC News, 3rd April 2012
Source: www.bbc.co.uk
New state of the art courts – Ministry of Justice
“Two new state of the art magistrates’ courts with first class facilities open for business in Chelmsford and Colchester today [2 April].”
Ministry of Justice, 2nd April 2012
Source: www.justice.gov.uk
Public Sector Equality Duty: The Latest Guidance from the Equalities and Human Rights Commission – 11 KBW
Public Sector Equality Duty: The Latest Guidance fromthe Equalities and Human Rights Commission (PDF)
11 KBW, 28th March 2012
Source: www.11kbw.com
SFO must publish more information about bribery settlement cases, report says – OUT-LAW.com
“Criticism over the lack of detail that has emerged from corruption case settlements only serves to reinforce the need for deferred prosecution agreements (DPAs) to be introduced in the UK, an expert has said.”
OUT-LAW.com, 2nd April 2012
Source: www.out-law.com
The Employers’ Liability Policy Trigger Litigation – 4 New Square
“The Supreme Court handed down judgment in the Employers’ Liability Policy Trigger Litigation on 28 March 2012. The appeals of the run-off insurers on the construction of ‘disease contracted’ were dismissed and the appeals of the insureds and Zurich against the construction of ‘sustaining injury’ were allowed. The result is that employers’ liability policies which are written on a ‘sustained’ or ‘contracted’ basis will, in mesothelioma cases, respond by reference to the date of exposure rather than the date of the tumour. The Court was divided on a subsidiary question of causation as to the application of the ‘special rule’ in Fairchild. Lord Phillips would have held that none of the policies responded but the majority was firmly against his view.”
Full story (PDF)
4 New Square, 28th March 2012
Source: www.4newsquare.com
Law centres have always struggled to survive – now they must adapt or die – The Guardian
“Legal aid and local authority cuts mean law centres are in danger. Islington and Rochdale law centres are fighting back.”
The Guardian, 2nd April 2012
Source: www.guardian.co.uk
Racing circuit groundsman awarded £2m damages – The Independent
“A racing circuit groundsman who was brain-damaged in a freak work accident has been awarded more than £2 million damages.”
The Independent, 2nd April 2012
Source: www.independent.co.uk
Ovarian cancer delays leading to big payouts for damages – The Guardian
“Doctors’ failure to diagnose ovarian cancer in women, some of whom later died from the disease, is leading to damages payouts of as much as £550,000, research reveals.”
The Guardian, 3rd April 2012
Source: www.guardian.co.uk
Teenager Daniel Bartlam jailed for killing mother with hammer – The Guardian
“A teenager who beat his mother to death with a hammer and burned her body in a ‘chilling’ murder inspired by a Coronation Street plot has been jailed for at least 16 years.”
The Guardian, 2nd April 2012
Source: www.guardian.co.uk
Chechnyan can return to UK, rule judges – The Independent
“A man deemed likely to help try to kill a Russian politician on Britain’s streets has been allowed to return to the UK to fight to stay in the country.”
The Independent, 2nd April 2012
Source: www.independent.co.uk
Man who stabbed pensioner is jailed after being traced by spit – The Guardian
“A man who stabbed a 74-year-old woman six times in a ‘frenzied’ attack has been jailed after he was caught for spitting on the pavement.”
The Guardian, 2nd April 2012
Source: www.guardian.co.uk
‘Elvis’ armed robber jailed for life – The Independent
“A serial armed robber who dressed up as Elvis Presley and sported other bizarre disguises when he targeted betting shops across Britain was today jailed for life.”
The Independent, 2nd April 2012
Source: www.independent.co.uk
Wait for ABSs is over: Tesco law is here – The Guardian
“Alternative business structures will bring subtle, but significant changes in the way law is practised.”
The Guardian, 2nd April 2012
Souce: www.guardian.co.uk