Regina (Van der Pijl) v Crown Court at Kingston upon Thames – WLR Daily

Posted January 23rd, 2013 in evidence, law reports, police, warrants by sally

Regina (Van der Pijl) v Crown Court at Kingston upon Thames [2012] EWHC 3745 (Admin); [2013] WLR (D) 14

“A search warrant had to be sufficiently clear and precise in its terms so that those carrying out the search and those whose premises were being searched could understand the warrant without reference to any other extraneous documents.”

WLR Daily, 21st January 2013

Source: www.iclr.co.uk

Blackstone’s Pannick fails to persuade Supreme Court to extend privilege to accountants – The Lawyer

Posted January 23rd, 2013 in accountants, financial advice, legal profession, news, privilege, taxation by sally

“The Supreme Court has refused to extend legal privilege to accountants offering tax advice.”

Full story

The Lawyer, 23rd January 2013

Source: www.thelawyer.com

Ministry of Justice publishes final DBA and success fee cap regulations – Litigation Futures

Posted January 23rd, 2013 in advocacy, consultations, damages, fees, news, regulations by sally

“Signs of life from the Ministry of Justice over getting on with implementing the Jackson reforms emerged yesterday with publication of two draft statutory instruments that will come into force on 1 April.”

Full story

Litigation Futures, 23rd January 2013

Source: www.litigationfutures.com

Barnet’s ‘easyCouncil’ faces judicial review over outsourcing – The Guardian

“The ‘easyCouncil’ model of no-frills local services is set to go on trial this spring after the High Court announced it will review a £320m services contract due to be outsourced by the Conservative-controlled London Borough of Barnet.”

Full story

The Guardian, 22nd January 2013

Source: www.guardian.co.uk

How UK libel laws undermined Sunday Times in Lance Armstrong case – The Guardian

Posted January 22nd, 2013 in burden of proof, defamation, drug abuse, media, news, sport by sally

“The legal battle with disgraced cyclist Lance Armstrong which cost the Sunday Times almost £1m after it suggested he took banned substances shows how difficult it is to pursue investigations under British libel laws, with the burden of proof heavily stacked against publishers, according to those who worked on the original stories.”

Full story

The Guardian, 22nd January 2013

Source: www.guardian.co.uk

Children: Public Law Update – Family Law Week

Posted January 22nd, 2013 in care orders, child abuse, children, disclosure, jurisdiction, news by sally

“John Tughan, barrister, 4 Paper Buildings, considers some recent important public law decisions of the Supreme Court, Court of Appeal and High Court relating to children.”

Full story

Family Law Week, 21st January 2013

Source: www.familylawweek.com

The Cab Rank Rule: Its Meaning and Purpose in the New Legal Services Market – Legal Services Board

Posted January 22nd, 2013 in barristers, Legal Services Board, news, reports by sally

“In May 2012 the LSB commissioned Prof. John Flood (University of Westminster) and Prof. Morton Hvvid (University of East Anglia) to carry out a literature review analysing the impact on the market of paragraphs 601-610 of the of the Bar Standards Board’s (BSB) code, otherwise known as the ‘cab rank rule’. The LSB published The Cab Rank Rule: Its Meaning and Purpose in the New Legal Services Market on 22 January 2013.”

Full story

Legal Services Board, 22nd January 2013

Source: www.legalservicesboard.org.uk

BAILII: Recent Decisions

Posted January 22nd, 2013 in law reports by sally

Court of Appeal (Civil Division)

Sharmilla & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWCA Civ 8 (21 January 2013)

High Court (Chancery Division)

Kingerlee Holdings Ltd v Dunelm (Soft Furnishings) Ltd [2013] EWHC 47 (Ch) (21 January 2013)

Francis v Solomon Taylor & Shaw (a firm) [2013] EWHC 9 (Ch) (11 January 2013)

Mahmood v Mitsubishi Electric Europe BV & Ors [2013] EWHC 44 (Ch) (18 January 2013)

Gladman Commercial Properties v Fisher Hargreaves Proctor & Ors [2013] EWHC 25 (Ch) (18 January 2013)

High Court (Queen’s Bench Division)

Ayres v Odedra [2013] EWHC 40 (QB) (18 January 2013)

High Court (Family Division)

A City Council v DC & Ors [2013] EWHC 8 (Fam) (11 January 2013)

High Court (Administrative Court)

Shaw & Anor, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 42 (Admin) (18 January 2013)

KA, R (on the application of) v Essex County Council [2013] EWHC 43 (Admin) (18 January 2013)

Save Our Parkland Appeal Ltd. R (on the application of) v East Devon District Council [2013] EWHC 22 (Admin) (18 January 2013)

Powierza v District Court, Warszawa, Poland [2013] EWHC 36 (Admin) (17 January 2013)

Redcar and Cleveland Independent Providers Association & Ors, R (on the application of) v Redcar and Cleveland Borough Council [2013] EWHC 4 (Admin) (17 January 2013)

Lanner Parish Council v The Cornwall Council & Anor [2013] EWHC 37 (Admin) (21 January 2013)

Source: www.bailii.org

Final ruling on legal advice confidentiality expected tomorrow – OUT-LAW.com

Posted January 22nd, 2013 in accountants, confidentiality, news, privilege by sally

“Lawyers will learn tomorrow whether the confidential protection that attaches to their communication with clients can also be claimed by accountants. A Supreme Court ruling on the issue of legal professional privilege (LPP) is expected tomorrow.”

Full story

OUT-LAW.com, 22nd January 2013

Source: www.out-law.com

Who owns the copyright on barristers’ advocacy? – UK Human Rights Blog

Posted January 22nd, 2013 in advocacy, barristers, copyright, news, publishing, trials by sally

“Following yesterday’s welcome announcement that the UK Supreme Court (UKSC) is uploading judgment summaries to YouTube, there has been some speculation as to whether the UKSC will take the next step in its embrace of digital technology and upload full hearings of trials. But could taking this step result in falling foul of the UK’s copyright law?”

Full story

UK Human Rights Blog, 22nd January 2013

Source: www.ukhumanrightsblog.com

Met appeal over autism damages ruling – BBC News

“The father of an autistic boy restrained by Metropolitan Police officers after he jumped into a swimming pool has attacked the force for challenging a ruling against them.”

Full story

BBC News, 22nd January 2013

Source: www.bbc.co.uk

CPS launches crackdown on middle-class tax evaders – The Independent

Posted January 22nd, 2013 in Crown Prosecution Service, fraud, news, prosecutions, tax evasion by sally

“Thousands of tax cheats – including those with no previous criminal convictions – face being prosecuted and jailed as part of a crack-down on evasion to be launched by the Crown Prosecution Service (CPS).”

Full story

The Independent, 22nd January 2012

Source: www.independent.co.uk

Barristers fear QASA boycott will lead to loss of right to practise – Legal Futures

Posted January 22nd, 2013 in barristers, judiciary, news, quality assurance by sally

“Some barristers are worried that boycotting the Quality Assurance Scheme for Advocates (QASA) will lead to their committing a criminal offence by practising without authorisation, the chairman of the Criminal Bar Association (CBA) has revealed.”

Full story

Legal Futures, 22nd January 2013

Source: www.legalfutures.co.uk

Defendants in Libor-fixing case may be named, court rules – The Guardian

Posted January 22nd, 2013 in anonymity, banking, interest, news, public interest, trials by sally

“More than 100 bankers have failed in a bid to prevent their names being revealed during preliminary hearings of a high court case centred on alleged rigging of the key London interbank offered rate (Libor) by Barclays staff.”

Full story

The Guardian, 21st January 2013

Source: www.guardian.co.uk

Forces to publish details of misconduct cases – Daily Telegraph

“Two forces will publish details about officers who have been sacked or who have resigned while facing disciplinary proceedings in the first move of its kind in Britain.”

Full story

Daily Telegraph, 21st January 2013

Source: www.telegraph.co.uk

Tax evasion: Criminal crackdown to accelerate – BBC News

Posted January 22nd, 2013 in Crown Prosecution Service, news, prosecutions, tax evasion by sally

“More cases of tax evasion will be taken to the criminal courts as the Crown Prosecution Service (CPS) accelerates its crackdown in this area.”

Full story

BBC News, 21st January 2013

Source: www.bbc.co.uk

Financial Times editor criticised by tribunal over unfair dismissal – The Guardian

Posted January 22nd, 2013 in media, news, unfair dismissal by sally

“The Financial Times editor, Lionel Barber, has been criticised by an employment tribunal judge over the unfair dismissal of an award-winning journalist at the title.”

Full story

The Guardian, 21st January 2013

Source: www.guardian.co.uk

Alternative business structures: an uncertain future? – Halsbury’s Law Exchange

“The government’s White Paper preceding the Legal Services Act, based on the conclusions of Sir David Clementi’s review, promoted the concept of alternative business structures (ABSs) based on an expectation of a glowing future: that consumers would have more choice, and would benefit from reduced prices, better access to justice, improved levels of service, greater convenience, and that in consequence there would be increased consumer confidence in the quality of legal services. The suppliers of legal services would benefit from increased access to finance, a better spread of risk, increased flexibility, the opportunity to recruit and reward high quality non-legal staff, and there would be greater opportunities for new legal professionals.”

Full story

Halsbury’s Law Exchange, 21st January 2013

Source: www.halsburyslawexchange.co.uk

More legal aid cuts will lead to poor relying on ‘second best’ lawyers – The Guardian

Posted January 21st, 2013 in barristers, budgets, legal aid, legal representation, news by sally

“Poor defendants in criminal cases will be condemned to be represented by ‘second best’ lawyers under proposals to slash the costs of legal aid, the chair of the Bar Council has warned.”

Full story

The Guardian, 21st January 2013

Source: www.guardian.co.uk

Ched Evans rape case: Tenth person fined for naming victim – BBC News

Posted January 21st, 2013 in anonymity, compensation, costs, disclosure, fines, news, rape, sentencing, victims by sally

“A woman who named a woman raped by Wales and Sheffield United footballer Ched Evans has been told to pay more than £1,600 in fines, costs and compensation.”

Full story

BBC News, 21st January 2013

Source: www.bbc.co.uk