European Commission v Italian Republic – WLR Daily

Posted April 4th, 2011 in EC law, fees, freedom of movement, Italy, law reports, legal profession by sally

European Commission v Italian Republic (Case C-565/08); [2011] WLR (D) 118

“Mandatory national provisions obliging lawyers to comply with maximum tariffs, in all cases where there was no conditional fee agreement or no special agreement between lawyer and client, were not contrary to articles 43EC and 49EC of the EC Treaty.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily

Posted April 4th, 2011 in appeals, contracts, insurance, law reports by sally

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117

“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Richardson v Chief Constable of West Midlands Police – WLR Daily

Posted April 4th, 2011 in damages, false imprisonment, law reports, police by sally

Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB); [2011] WLR (D) 116

“Before a police officer made an arrest, pursuant to section 24 of the Police and Criminal Evidence Act 1984, he had to consider, in accordance with the requirements of section 24(4), whether arrest was necessary or whether voluntary attendance at a police station would achieve the objective that he wished to secure.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

LSB assumes an oversight role in the regulation of immigration advice and services –

Posted April 4th, 2011 in immigration, Legal Services Board, news by sally

“The Legal Services Board (LSB) has today (1 April) assumed a new responsibility under the Legal Services Act 2007. Commencement of Schedule 18 of the Act sees the LSB take on regulatory oversight for immigration advice and services provided by lawyers authorised by Approved Regulators.”

Full story

Legal Services Board, 1st April 2011

Source: www.legalservicesboard.org.uk

‘Sarah’s Law’ scheme covers all England and Wales – BBC News

Posted April 4th, 2011 in child abuse, criminal records, news, sexual offences by sally

“A scheme allowing parents to check if someone in contact with their child is a sex offender now extends to all 43 police forces in England and Wales.”

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BBC News, 4th April 2011

Source: www.bbc.co.uk

Solicitors from Hell ‘abusing court process’, judge finds – Law Society’s Gazette

Posted April 4th, 2011 in abuse of process, defamation, internet, news, solicitors by sally

“The owner of Solicitors from Hell, the website that blacklists law firms and solicitors, has been accused by a High Court judge of abusing the process of the court.”

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Law Society’s Gazette, 1st April 2011

Source: www.lawgazette.co.uk

CPS opens Advocate Panels application scheme – Crown Prosecution Service

Posted April 4th, 2011 in advocacy, barristers, Crown Prosecution Service, news, prosecutions by sally

“The Crown Prosecution Service (CPS) is today launching a new scheme for the delivery of prosecution services in court. All advocates undertaking prosecution work in the Crown Court (and Higher Courts) from October must be members of new, quality-controlled CPS Advocate Panels.”

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Crown Prosecution Service, 31st March 2011

Source: www.cps.gov.uk

New paternity leave rules affecting men come into force – BBC News

Posted April 4th, 2011 in news, paternity leave by sally

“New paternity leave rules have come into effect meaning that parents will be legally entitled to share time off work during their baby’s first year.”

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BBC News, 3rd April 2011

Source: www.bbc.co.uk

Ruling on expert witnesses worries child-abuse lawyers – The Independent

Posted April 4th, 2011 in child abuse, expert witnesses, news by sally

“Vital expert witnesses may be too afraid to testify because of the ‘chilling effect’ of a Supreme Court ruling that leaves them open to being sued, lawyers warned yesterday.”

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The Independent, 3rd April 2011

Source: www.independent.co.uk

UK’s first chain of ‘high street lawyers’ is set to revolutionise legal services – The Guardian

Posted April 4th, 2011 in alternative business structures, law firms, news by sally

“Shoppers on the high streets of England and Wales may have spotted the tentative signs of a revolution in legal services: the emergence of the first national chain of law firms.”

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The Guardian, 3rd April 2011

Source: www.guardian.co.uk

Plymouth navy ‘objector’ medic before court martial – BBC News

Posted April 4th, 2011 in armed forces, conscientious objection, courts martial, news by sally

“A Royal Navy medic from Plymouth has appeared before a court martial on a charge of wilful disobedience for refusing to deploy to Afghanistan.”

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BBC News, 1st April 2011

Source: www.bbc.co.uk

Ministers ignoring Child Poverty Act, warn family campaigners – The Guardian

Posted April 4th, 2011 in children, local government, news, poverty, social services by sally

“Child poverty campaigners have written to the government warning ministers that they have broken a legal commitment to implement the Child Poverty Act fully.”

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The Guardian, 4th April 2011

Source: www.guardian.co.uk

‘Devil dogs’ cost police millions – The Independent

Posted April 4th, 2011 in dogs, news, police by sally

“Cash-strapped police forces are spending millions of pounds a year caring for dangerous dogs seized because they pose a threat to the public, while waiting – sometimes for years – for the courts to decide whether the animals should be destroyed.”

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The Independent, 3rd April 2011

Source: www.independent.co.uk

‘Neighbourhood’ planning powers to be trialled – BBC News

Posted April 4th, 2011 in local government, news, planning by sally

“People living in parts of England will be able to decide where new houses, shops and businesses should go in their neighbourhood, under a localism trial.”

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BBC News, 2nd April 2011

Source: www.bbc.co.uk

Shapps: ‘Landlords can legally use force on squatters’ – The Independent

Posted April 4th, 2011 in news, squatting, trespass, violence by sally

“Homeowners who are victims of squatters can use violence to break in and forcibly remove them, ministers have claimed. Squatters who retaliate or defend themselves will face tough criminal sanctions under measures planned by the Government.”

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The Independent, 3rd April 2011

Source: www.independent.co.uk

Teenager uses Human Rights Act to sue health authority over vital growth drugs – The Guardian

Posted April 4th, 2011 in human rights, judicial review, medicines, news by sally

“A 15-year-old boy who suffers from a rare medical condition that means he cannot eat protein is to make legal history by becoming the first child to sue his local health authority under the Human Rights Act.”

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The Guardian, 2nd April 2011

Source: www.guardian.co.uk

Woman jailed for killing autistic son, 12, with bleach – BBC News

Posted April 1st, 2011 in autism, causing death of children or vulnerable adults, diminished responsibility, homicide, mental health, news, sentencing by sally

“A mother has been jailed for killing her 12-year-old autistic son by making him drink bleach.”

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BBC News, 1st April 2011

Source: www.bbc.co.uk

Bomb plotter wins parole challenge – The Independent

Posted April 1st, 2011 in judicial review, news, parole, terrorism by sally

“A man jailed for 45 years for plotting to blow up an Israeli airliner won a High Court challenge today against Government refusals to allow his early release.”

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The Independent, 1st April 2011

Source: www.independent.co.uk

John Kampfner: The worrying rise of the rich man’s weapon of justice – The Independent

Posted April 1st, 2011 in anonymity, freedom of expression, injunctions, news by sally

“Just when you think you are over the worst, the forces of secrecy bite back. No sooner had the Government published a draft Defamation Bill, going some way to reversing many of the most hideous aspects of Britain’s libel laws, than the judiciary set a dangerous new precedent.”

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The Independent, 1st April 2011

Source: www.independent.co.uk

After supreme court decision, will other witnesses remain immune? – The Guardian

Posted April 1st, 2011 in expert witnesses, immunity, news by sally

“Now that the highest appeal court has ruled that expert witness can now be sued for negligence, the immunity of officers who give evidence is called into question.”

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The Guardian, 31st March 2011

Source: www.guardian.co.uk