Bar Council Says That the Time Is Right to Consult on Legal Aid and Civil Justice, but Warns of Need for Safeguards to Protect Vulnerable – The Bar Council

Posted November 16th, 2010 in civil justice, consultations, legal aid, news by sally

“The Bar Council, which represents barristers in England and Wales, has said that the launch of Government consultations on reform of the legal aid system and on civil litigation is necessary but the impact of the proposals on the most vulnerable must be considered very carefully.”

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The Bar Council, 15th November 2010

Source: www.barcouncil.org.uk

Regina v Inglis – WLR Daily

Posted November 16th, 2010 in abuse of position of trust, disabled persons, euthanasia, law reports, murder, sentencing by sally

Regina v Inglis [2010] EWCA Crim 2637; [2010] WLR (D) 289

“When determining the minimum specified term to be served by an individual who genuinely believed that the murder she had committed constituted an act of mercy, the facts that there had been a significant degree of planning or premeditation, that the victim had been particularly vulnerable because of disability and that there had been abuse of a position of trust should not be taken to be aggravating factors.”

WLR Daily, 15th November 2010

Source: www.lawreports.co.uk

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

Police officer begins appeal against conviction for assaulting woman – The Guardian

Posted November 16th, 2010 in appeals, assault, news, police by sally

“A police officer found guilty of hurling a woman head-first on to a concrete cell floor, leaving her with blood pouring from a head wound, began an appeal today (15 November) against his conviction and sentence.”

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The Guardian, 15th November 2010

Source: www.guardian.co.uk

Stop and search plans are ‘discriminatory’, watchdog warns – The Guardian

Posted November 16th, 2010 in news, race discrimination, stop and search by sally

“Government plans allowing police to stop people on the grounds of skin colour are discriminatory and amount to racial profiling, the official equalities body has warned ministers.”

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The Guardian, 15th November 2010

Source: www.guardian.co.uk

Proportion of lawyers educated at public school far outstrips national average – The Lawyer

Posted November 16th, 2010 in education, legal profession, news by sally

“The legal profession has become increasingly elitist over the past 20 years, with 15 per cent of lawyers being public school educated while just 2 per cent of the population is.”

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The Lawyer, 15th November 2010

Source: www.thelawyer.com

Legal aid cuts: surprise exceptions take out the sting – The Guardian

Posted November 16th, 2010 in legal aid, news by sally

“The justice secretary, Kenneth Clarke, worked hard today to try to remove some of the political sting from his much-anticipated unveiling of swingeing legal aid cuts. The scale of the reductions – £350m a year to be taken out of a £914m-a-year civil and family legal aid budget by 2014 – had been widely anticipated.”

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The Guardian, 15th November 2010

Source: www.guardian.co.uk

Man jailed for posting racist video clips on YouTube – BBC News

Posted November 16th, 2010 in inciting racial hatred, internet, news by sally

“A man has been jailed for 15 months for uploading racist video clips on to YouTube.”

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BBC News, 15th November 2010

Source: www.bbc.co.uk

Guantánamo Bay detainees to be paid compensation by UK government – The Guardian

Posted November 16th, 2010 in compensation, intelligence services, news, rendition, torture by sally

“The government will announce today that it will pay millions of pounds in compensation to former Guantánamo Bay detainees following weeks of negotiations between lawyers for the government and the former prisoners.”

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The Guardian, 16th November 2010

Source: www.guardian.co.uk

Voting reform referendum will go ahead in May 2011 – The Independent

Posted November 16th, 2010 in elections, news, referendums by sally

“A referendum on whether to ditch the first-past-the-post voting system will go ahead next May after Labour peers failed narrowly in an attempt to derail the Government’s timetable.”

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The Independent, 16th November 2010

Source: www.independent.co.uk

Landlords free to ignore deposit protection deadlines – The Guardian

Posted November 16th, 2010 in deposits, landlord & tenant, news by sally

“Appeal court says a strict interpretation of Housing Act allows landlords to disregard deadlines for tenant deposit schemes.”

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The Guardian, 15th November 2010

Source: www.guardian.co.uk

Phil Woolas challenging ban from politics – BBC News

Posted November 16th, 2010 in appeals, disciplinary procedures, elections, judicial review, news by sally

“Former Labour immigration minister Phil Woolas will begin a legal bid to overturn a ruling that he should be banned from politics for three years.”

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BBC News, 16th November 2010

Source: www.bbc.co.uk

Partner of Rachel Nickell to take Met to European court – The Independent

Posted November 16th, 2010 in compensation, human rights, miscarriage of justice, murder, news, police by sally

“The partner of murdered Rachel Nickell today said he would take his compensation claim against the Metropolitan Police to the European Court of Human Rights.”

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The Independent, 16th November 2010

Source: www.independent.co.uk

Legal aid cuts are a brutal shrinkage of justice – The Guardian

Posted November 16th, 2010 in barristers, civil justice, criminal justice, legal aid, news by sally

“The scope of Kenneth Clarke’s mooted reforms is breathtaking, and the legal aid cuts introduced as part of this process are brutal. A raft of reforms, from criminal justice right the way through to the funding of clinical negligence claims, are now up in the air.”

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The Guardian, 15th November 2010

Source: www.guardian.co.uk

Legal aid cuts would remove free advice for thousands of people – The Guardian

Posted November 16th, 2010 in family courts, housing, legal aid, news by sally

“Hundreds of thousands of people with family and housing law problems will no longer have access to free legal advice under government proposals announced today (15 November).”

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The Guardian, 15th November 2010

Source: www.guardian.co.uk

Magna Carta 800th anniversary celebrations begin – BBC News

Posted November 15th, 2010 in magna carta, news by sally

“Five years of celebrations leading up to the 800th anniversary of the Magna Carta have been publicly launched.”

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BBC News, 12th November 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 15th, 2010 in legislation by sally

The Scottish Parliament (Constituencies and Regions) Order 2010

The Double Taxation Relief and International Tax Enforcement (Oman) Order 2010

The Double Taxation Relief and International Tax Enforcement (Mexico) Order 2010

The International Tax Enforcement (Bahamas) Order 2010

The Consular Fees (Amendment) Order 2010

The International Tax Enforcement (Gibraltar) Order 2010

The International Tax Enforcement (Turks and Caicos Islands) Order 2010

The International Tax Enforcement (Liechtenstein) Order 2010

The International Tax Enforcement (Anguilla) Order 2010

The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2010

The Central Rating List (England) (Amendment) (No. 2) Regulations 2010

The Constitutional Reform and Governance Act 2010 (Commencement No. 3) Order 2010

The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Regulations 2010

The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Regulations 2010

The Local Authorities (Armorial Bearings) Order 2010

The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2010

The Double Taxation Relief and International Tax Enforcement (Singapore) Order 2010

The Double Taxation Relief and International Tax Enforcement (Austria) Order 2010

The Double Taxation Relief and International Tax Enforcement (Switzerland) Order 2010

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 15th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Tamiz (Aka Miah) & Ors v R [2010] EWCA Crim 2638 (12 November 2010)

Court of Appeal (Civil Division)

RH v South London & Maudsley NHS Foundation Trust & Ors [2010] EWCA Civ 1273 (12 November 2010)

High Court (Queen’s Bench Division)

BJM v Nathan Eyre & Ors [2010] EWHC 2856 (QB) (12 November 2010)

High Court (Administrative Court)

Abbassi & Ors, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2894 (Admin) (12 November 2010)

High Court (Family Division)

WF v RJ & Anor [2010] EWHC 2909 (Fam) (13 August 2010)

London Borough of Richmond v B & Ors [2010] EWHC 2903 (Fam) (12 November 2010)

High Court (Commercial Court)

Drachs Investment No 3 Ltd v Brightsea UK Ltd [2010] EWHC 2848 (Comm) (11 November 2010)

High Court (Patents Court)

Abbott Laboratories Ltd v Medinol Ltd [2010] EWHC 2865 (Pat) (12 November 2010)

Source: www.bailii.org

Watkins v Woolas – WLR Daily

Posted November 15th, 2010 in disciplinary procedures, elections, freedom of expression, human rights, law reports by sally

Watkins v Woolas [2010] EWHC 2702 (QB); [2010] WLR (D) 288

“S 106 of the Representation of the People Act 1983, which imposed the penalties for an election candidate found guilty of a corrupt or illegal practice, was compatible with the right to freedom of expression contained in art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The interference with the right to freedom of expression by s 106 and the penalties imposed for breach of that section were proportionate to the legitimate aim of the section.”

WLR Daily, 12th November 2010

Source: www.lawreports.co.uk

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

Lords committee criticises government plans for constitutional reform – The Guardian

Posted November 15th, 2010 in constitutional reform, elections, news, parliament by sally

“A collection of peers has criticised the government’s proposed constitutional changes, concluding that the reforms will strengthen the executive’s grip on parliament.”

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The Guardian, 12th November 2010

Source: www.guardian.co.uk

Legal help for vulnerable ‘at risk’ – BBC News

Posted November 15th, 2010 in autism, criminal justice, mental health, news, police by sally

“The support people with autism get from the police and criminal justice system could be hit by Home Office cuts, a senior legal figure has warned.”

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BBC News, 15th November 2010

Source: www.bbc.co.uk