06/03/2013 – Current Awareness

Settling the case – what about costs? – Zenith Chambers

Posted March 6th, 2013 in costs, news by sally

“After prolonged negotiations the case is settled – or so it seems. When acting for the Claimant you may say, ‘We haven’t got all we wanted but at least we’ve succeeded.’ For the Defendant you may say, ‘We’ve cut the Claimant down very considerably.’ Very often what then is said is ‘We’ve reached a compromise, no order as to costs’. That is altogether too simplistic a view of the situation.”

Full story (PDF)

Zenith Chambers, 14th February 2013

Source: www.zenithchambers.co.uk

Lord Neuberger to the executive: get your tanks off the judicial lawn – UK Human Rights Blog

Posted March 6th, 2013 in human rights, judiciary, legal aid, news, United Nations by sally

“In a rare public intervention Lord Neuberger, President of the UK Supreme Court, has flagged three important issues that should be of concern to us all.”

Full story

UK Human Rights Blog, 6th March 2013

Source: www.ukhumanrightsblog.com

Silence is not necessarily golden: the consequences of failing to adduce evidence in rebuttal in civil trials – Zenith Chambers

Posted March 6th, 2013 in burden of proof, evidence, news, witnesses by sally

“Gordon Exall considers the practical issues that arise from the principle that a court can draw adverse inferences from a party’s failure to adduce evidence on an issue.”

Full story (PDF)

Zenith Chambers, 12th February 2013

Source: www.zenithchambers.co.uk

Children and same sex families: known biological fathers and contact: the decision in S v D and E / T v X and Y [2013] EWHC – Zenith Chambers

Posted March 6th, 2013 in artificial insemination, civil partnerships, contact orders, news, parental rights by sally

“Where do parents and prospective parents stand after the very recent decision in the case of S v D and E? What can parenting lesbian mothers and the men who donate sperm to enable them to have children expect if there is a disagreement between them as to the role of biological fathers in their children’s lives?”

Full story

Zenith Chambers, 14th February 2013

Source: www.zenithchambers.co.uk

Criminal legal aid scheme of the future must be based on quality and public interest, not just price – The Bar Council

Posted March 6th, 2013 in advocacy, competition, criminal justice, legal aid, news by sally

“The Bar Council, which represents barristers in England and Wales, has today responded to the Ministry of Justice’s announcement that its consultation and implementation of a new scheme for criminal legal aid will be brought forward, with price competition put forward as one key proposal.”

Full story

The Bar Council, 5th March 2013

Source: www.barcouncil.org.uk

Prosecutor demands overhaul of sexual abuse investigations – The Guardian

Posted March 6th, 2013 in child abuse, news, prosecutions, sexual offences by sally

“Sweeping changes to the way alleged sex offenders in England and Wales are investigated must be introduced in the wake of the Jimmy Savile scandal and other child exploitation cases, Keir Starmer, the director of public prosecutions, has said.”

Full story

The Guardian, 6th March 2013

Source: www.guardian.co.uk

Bar Council calls for proportionate regulation in response to LSBs Business Plan – The Bar Council

Posted March 6th, 2013 in budgets, legal aid, news, public interest, regulations by sally

“The Bar Council, which represents barristers in England and Wales, has called for proportionate and financially responsible regulation in its response to the Legal Services Board’s (LSB) draft business plan for 2013-14.”

Full story

The Bar Council, 4th March 2013

Source: www.barcouncil.org.uk

Children and Families Bill 2013 – 11 KBW

Posted March 6th, 2013 in bills, children, local government, news, special educational needs by sally

“Part 3 of the Children and Families Bill 2013 (‘the Bill’) was intended to deliver ‘the biggest
reforms for 30 years’ for children and young people with SEN.”

Full story (PDF)

11 KBW, 5th March 2013

Source: www.11kbw.com

Serious Fraud Office investigation reports published – Attorney General’s Office

Posted March 6th, 2013 in news, reports, Serious Fraud Office, whistleblowers by sally

“The Attorney General has sent two reports dealing with allegations of misconduct at the SFO to a parliamentary committee.”

Full story

Attorney General’s Office, 4th March 2013

Source: www.gov.uk/ago

Related links: Sir Alex Allan report (PDF) and report by Tim Hurdle (PDF)

Important changes to the restricted certificates of sponsorship (RCoS) application process from 6 March 2013 – UK Border Agency

Posted March 6th, 2013 in codes of practice, employment, news, sponsored immigrants by sally

“We are making changes to the codes of practice for skilled employers. This includes updating the list of skilled occupations to reflect the Standard Occupational Classification (SOC) 2010 system.”

Full story

UK Border Agency, 5th March 2013

Source: www.ukba.homeoffice.gov.uk

Finance and Divorce Update – Family Law Week

Posted March 6th, 2013 in bills, civil partnerships, divorce, jurisdiction, news, ombudsmen, statistics by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse February’s financial remedies and divorce news and cases.”

Full story

Family Law Week, 5th March 2013

Source: www.familylawweek.com

The Children and Families Bill – the new SEN provisions – 11 KBW

Posted March 6th, 2013 in bills, children, local government, news, special educational needs by sally

“The legislative framework governing the approach to children with special educational needs (‘SEN’) in England has remained broadly the same since the coming into force of Part 4 of the Education Act 1996 on 1st November 1996. However, on 18 March 2012, the Department for Education published a Green Paper, Support and Aspiration: A New Approach to Special Educational Needs and Disability, signalling an intention to review that framework. The intention to legislate in this field was reiterated in the Queen’s Speech on 9th May 2012, which was swiftly followed by the follow-up to the Green Paper, Progress and Next Steps, on 15 May 2012.”

Full story (PDF)

11 KBW, 5th March 2013

Source: www.11kbw.com

Payday lenders face advertising restrictions – The Guardian

Posted March 6th, 2013 in advertising, consumer credit, consumer protection, loans, news, regulations by sally

“Ministers are to announce a clampdown on adverts for payday loans, but have rejected a cap on the cost of loans despite a report due to be published on Wednesday from the Office of Fair Trading showing widespread malpractice across the controversial industry.”

Full story

The Guardian, 6th March 2013

Source: www.guardian.co.uk

Nowhere to hide for legal aid dodgers – Ministry of Justice

Posted March 6th, 2013 in legal aid, news by sally

“Convicted criminals who leave taxpayers to foot their legal bills, when they can afford to pay, will no longer be able to get it away with, Justice Secretary Chris Grayling announced today [5 March].”

Full story

Ministry of Justice, 5th March 2013

Source: www.justice.gov.uk

New guidelines could reduce wrongful convictions under ‘joint enterprise’ law – The Guardian

Posted March 6th, 2013 in gangs, joint enterprise, miscarriage of justice, news, sentencing, young persons by sally

“Long-awaited guidance for the crown prosecution service on a law used to fight gang violence could help prevent miscarriages of justice.”

Full story

The Guardian, 5th March 2013

Source: www.guardian.co.uk

Inside the Supreme Court – BBC Law in Action

Posted March 6th, 2013 in judges, news, Supreme Court by sally

“In a broadcasting first the programme comes from inside the United Kingdom Supreme Court where the country’s most senior judge, the Court’s president Lord Neuberger, answers questions put by Joshua Rozenberg and an audience of Law in Action listeners.”

Listen

BBC Law in Action, 5th March 2013

Source: www.bbc.co.uk

Reiki Master jailed for abusing patients – Daily Telegraph

Posted March 6th, 2013 in news, sentencing, sexual offences by sally

“A ‘revered Reiki Master’ has been jailed for 16 years for abusing six women and two children on his treatment table.”

Full story

Daily Telegraph, 6th March 2013

Source: www.telegraph.co.uk

Exclusive: Chilcot Inquiry to challenge official line on Iraq – The Independent

Posted March 6th, 2013 in disclosure, electronic mail, evidence, inquiries, Iraq, news, war by sally

“The inquiry into how Tony Blair committed Britain to war in Iraq is set to challenge the official version of events when it reports later this year, The Independent understands. The team led by Sir John Chilcot, which is examining Britain’s part in the US-led invasion, will ‘challenge previous accounts of what happened’, according to senior sources in the inquiry.”

Full story

The Independent, 6th March 2013

Source: www.independent.co.uk

FSA to ask consumers how much horsemeat they will accept in their food – The Guardian

Posted March 6th, 2013 in consumer protection, food, genetic testing, news by sally

“Consumers are to be asked whether they will accept traces of horsemeat in their food if it proves too costly and technically difficult to check thoroughly for levels of contamination under 1%.”

Full story

The Guardian, 5th March 2013

Source: www.guardian.co.uk