Should the Human Rights Act be replaced with a Bill of Rights? – The Times

Posted April 15th, 2010 in news by sally

“Should the Human Rights Act 1998 be scrapped and replaced by a British Bill of Rights? This is the topic of a pre-election debate to be held next week by The Times with Matrix Chambers, with speakers including Cherie Booth, QC; David Davis, the former Shadow Home Secretary; Andy Hayman, the Assistant Commissioner Specialist Operations in the Metropolitan Police 2005-08; and Shami Chakrabarti, the director of Liberty.”

Full story

The Times, 15th April 2010

Source: www.timesonline.co.uk

MoD is failing its war veterans, leaving many to face jail terms, peer says – The Guardian

Posted April 15th, 2010 in armed forces, mental health, news, post-traumatic stress disorder, prisons, probation by sally

“Britain should appoint a cabinet minister responsible for the welfare of ex-service personnel amid concern over the rising number who end up in custody after returning home from a war zone, a former prisons inspector says.”

Full story

The Guardian, 14th April 2010

Source: www.guardian.co.uk

Will the Equality Act make everyone equal before the law? Wait for May 6 . . . – The Times

Posted April 15th, 2010 in news by sally

“The passage of the Equality Act last week, which comes into effect in October, marks the culmination of 40-odd years of progressive legislation to create fairness between groups.”

Full story

The Times, 15th April 2010

Source: www.timesonline.co.uk

Businessman jailed for Greek bribery conspiracy – The Times

Posted April 14th, 2010 in news by sally

“A British businessman has been jailed for his part in a three-year cospiracy to bribe Greek health officials.”

Full story

The Times, 14th April 2010

Source: www.timesonline.co.uk

Brain-damaged prisoner awarded £4.7m – The Independent

Posted April 14th, 2010 in compensation, news, periodical payments, personal injuries by sally

“A prisoner who suffered catastrophic brain damage after he fell from an upper bunk bed during a seizure at London’s Brixton jail has been awarded a compensation package worth £4.7 million.”

Full story

The Independent, 14th April 2010

Source: www.independent.co.uk

Constitutional Reform and Governance Act 2010

Posted April 14th, 2010 in civil servants, constitutional reform, legislation, parliament by sally

Constitutional Reform and Governance Act 2010 published

Full text of Act (PDF)

Source:

BAILII: Recent Decisions

Posted April 14th, 2010 in law reports by sally

High Court (Queen’s Bench Division)

Conan v Williams [2010] EWHC 758 (QB) (13 April 2010)

High Court (Administrative Court)

Humberstone, R (on the application of) v Legal Services Commission [2010] EWHC 760 (Admin) (13 April 2010)

High Court (Technology and Construction Court)

Shepherd Construction Ltd v Berners (BVI) Ltd & Anor [2010] EWHC 763 (TCC) (25 March 2010)

Clancy Consulting Ltd v Derwent Holdings Ltd & Ors [2010] EWHC 762 (TCC) (29 March 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted April 14th, 2010 in legislation by sally

The Charities (Disclosure of Revenue and Customs Information to the Charity Commission for Northern Ireland) Regulations 2010

The Insolvency Proceedings (Fees) (Amendment) Order 2010

The Southampton Port Health Authority Order 2010

The Portsmouth Port Health Authority Order 2010

The Bristol Port Health Authority Order 2010

The Cowes Port Health Authority Order 2010

The Cornwall Port Health Authority Order 2010

Source: www.opsi.gov.uk

Women solicitors work hard, love their jobs yet still don’t make the top. Why? – The Times

Posted April 14th, 2010 in news by sally

“The march of women seems to be slowing to a halt. Women make up the lion’s share of entrants to the legal profession — but then what? They don’t stay the course and the top ranks remain as women-light as ever.”

Full story

The Times, 14th April 2010

Source: www.timesonline.co.uk

Police used Taser on man in epileptic seizure – The Guardian

Posted April 14th, 2010 in complaints, news, police, weapons by sally

“Greater Manchester police is being investigated after its officers fired a Taser gun at a man who became aggressive while having an epileptic seizure.”

Full story

The Guardian, 13th April 2010

Source: www.guardian.co.uk

Analysis: Two months later, and MPs may not have been granted legal aid at all – The Times

Posted April 14th, 2010 in news by sally

“The disclosure that the MPs facing charges over their expenses would receive legal aid has prompted an outcry and been denounced by David Cameron as a ‘complete outrage.’ But what is not well known is that anyone granted legal aid is likely to be ordered, on conviction, to pay it back according to their financial circumstances.”

Full story

The Times, 13th April 2010

Source: www.timesonline.co.uk

Gordon Brown and David Cameron’s ignorance about legal aid does not surprise experts – The Guardian

Posted April 14th, 2010 in expenses, legal aid, news, political parties by sally

“Gordon Brown and David Cameron’s apparent lack of understanding about how legal aid works has not surprised experts, who say they have long been battling ignorance about the importance of the service.”

Full story

The Guardian, 13th April 2010

Source: www.guardian.co.uk

Judge criticises sex crime sentencing guidelines as offender spared jail – Daily Telegraph

Posted April 14th, 2010 in news, sentencing, sexual offences by sally

“A judge has criticised sentencing guidelines which prevented him from jailing a man who groped a schoolgirl.”

Full story

Daily Telegraph, 14th April 2010

Source: www.telegraph.co.uk

The Big Question: What is legal aid and should we be providing so much of it? – The Independent

Posted April 14th, 2010 in legal aid, news by sally

“Why are we asking this now?

On Monday, it was announced that three former Labour MPs – David Chaytor, Jim Devine and Elliot Morley – had won the right to receive legal aid to fight charges of false accounting relating to their parliamentary expenses. The news thrust MPs’ expenses back into the spotlight and did no favours to the legal aid system, so often the butt of politicians’ ire.”

Full story

The Independent, 14th April 2010

Source: www.independent.co.uk

Accused MPs ‘will have to pay back legal aid’ – The Independent

Posted April 13th, 2010 in expenses, legal aid, news by sally

“Labour MPs awarded legal aid to fund their court battle against charges that they fiddled parliamentary expenses will have to pay the money back, Prime Minister Gordon Brown said today.”

Full story

The Independent, 12th April 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted April 13th, 2010 in law reports by sally

Court of Appeal (Civil Division)

EH v London Borough of Greenwich & Ors [2010] EWCA Civ 344 (09 April 2010)

High Court (Administrative Court)

Nursing & Midwifery Council v Gerrard [2010] EWHC 710 (Admin) (15 March 2010)

HR, R (on the application of) v Medway Council [2010] EWHC 731 (Admin) (01 April 2010)

High Court (Patents Court)

Betson Medical (Ireland) Ltd v Comptroller General of Patents [2010] EWHC 687 (Pat) (31 March 2010)

Source: www.bailii.org

British Chiropractic Association v Singh – WLR Daily

Posted April 13th, 2010 in appeals, complementary medicine, defamation, freedom of expression, law reports, medical treatment by sally

British Chiropractic Association v Singh [2010] EWCA Civ 350; [2010] WLR (D) 96

“A statement, made by a scientific journalist in a newspaper article, that there was ‘not a jot of evidence’ to support a professional body’s claims of certain medical benefits resulting from its members’ treatment of patients was not an assertion of fact but a statement of opinion.”

WLR Daily, 12th April 2010

Source: www.lawreports.co.uk

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

Vaughan v Vaughan – WLR Daily

Posted April 13th, 2010 in appeals, financial provision, law reports, periodical payments by sally

Vaughan v Vaughan [2010] EWCA Civ 349; [2010] WLR (D) 95

“When a judge was determining (i) a husband’s application to terminate a financial obligation to his former wife and (ii) the former wife’s application to capitalise the obligation, and he was comparing the financial needs of the former wife and a present wife, there remained a presumption that on marriage each spouse took the other subject to all existing encumbrances, whether known or not.”

WLR Daily, 12th April 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.

Independent News & Media Ltd and others v A – WLR Daily

Posted April 13th, 2010 in appeals, Court of Protection, law reports, media, private hearings by sally

Independent News & Media Ltd and others v A [2010] EWCA Civ 343; [2010] WLR (D) 94

“Hearings held in the Court of Protection would normally be held in private but in certain circumstances the media could be authorised to attend and report proceedings.”

WLR Daily, 12th April 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.

Attorney-General’s Reference (No 96 of 2009) Regina v F (Sentencing reasons) – Times Law Reports

Posted April 13th, 2010 in law reports by sally

Attorney-General’s Reference (No 96 of 2009) Regina v F (Sentencing reasons)

Court of Appeal (Criminal Division)

“If a judge decided to reduce his sentencing reasons into writing, he should read them out in open court so that all he had to say was available to the defendant, the complainant, the jury and the public at large.”

The Times, 13th April 2010

Source: www.timesonline.co.uk