Crown Prosecution Service admits misleading public over complaints – The Guardian

“The Crown Prosecution Service has admitted publishing misleading records of complaints made about its performance.”

Full story

The Guardian, 15th October 2013

Source: www.guardian.co.uk

‘A rank denial of justice’ for vulnerable people: Senior judge attacks plan to cut legal aid by £350m – The Independent

“Britain’s most senior judge has warned the Government that its proposed cuts to the legal aid budget could mean ‘a rank denial of justice’ for vulnerable people.”

Full story

The Independent, 15th October 2013

Source: www.independent.co.uk

Libel tourism at an end, say lawyers following high court rulings – The Guardian

“Lawyers have heralded the death of so-called libel tourism after the high court threw out two cases brought by wealthy foreigners over allegations published overseas.”

Full story

The Guardian, 15th October 2013

Source: www.guardian.co.uk

EVENT: Queen Mary – Fourth London Alumni International Tax Conference

Posted October 15th, 2013 in Forthcoming events by sally

“This year’s line-up of speakers includes alumni from the UK and all over the world. More information can be found in the event Tax Conference Programme.”

Date: 24th-25th October 2013, 9.00-5.00pm

Location & Charge: See website for details

More information can be found here.

EVENT: The Law Society – National Pro Bono Centre Question Time ‘Pro Bono: What? Why? Where?’

Posted October 15th, 2013 in Forthcoming events by sally

“National Pro Bono Week 2013 will be officially launched with an interactive debate on pro bono.

Organised by the National Pro Bono Centre in association with the All Party Parliamentary Group on Pro Bono, an expert panel will take questions from attendees on the evolving role of pro bono in England and Wales.

The panel chaired by the Attorney General’s Envoy, Mike Napier CBE, QC is:

• Gillian Guy, chief executive, Citizens Advice
• Sejal Karavadra, head of immigration, DBS Law Ltd
• Jessica Lee MP, chair, All Party Parliamentary Group on Pro Bono
• Jon Robins, editor, The Justice Gap
• Lord Low of Dalston CBE
• Andy Slaughter MP, Shadow Justice Minister.”

Date: 4th November 2013, 6.00-8.00pm

Location: Portcullis House, Westminster

Charge: Free

More information can be found here.

EVENT: The Law Society – Civil Justice Section Conference: New EU civil justice instruments: the essential guide for English and Welsh solicitors

Posted October 15th, 2013 in Forthcoming events by sally

“Whether it is a dispute in cross-border trade between businesses, a consumer buying goods over the internet who encounters a problem or an accident abroad, EU civil justice measures are of relevance to all practitioners dealing with civil litigation and dispute resolution.

This event is designed to update you on key developments that you need to be aware of. We will cover:

important changes soon to be introduced to the Brussels I Regulation;
new ADR options for businesses and consumers;
latest developments on collective redress;
upcoming reform of the European small claims procedure;
next steps on the Common European Sales Law and in EU consumer law.

With a range of leading panelists, the event is designed to inform but also to inspire discussion as to what changes solicitors would like to see in the future.”

CPD hours 2

Date: 30th October 2013, 1.45-5.15pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: See website for details.

More information can be found here.

EVENT: IALS – The Office of the Jurisprudent and the Jurisprudences of Dying under Medical Supervision

Posted October 15th, 2013 in Forthcoming events by sally

“This paper addresses the office of the jurisprudent and the role of jurisprudence in the characterisation of the lawful relations of those engaged in assisted dying under medical supervision. Over the last forty years the juristic and jurisprudential representation of medical and healthcare law has developed into a distinct academic project, yet, for many, it does not provide an adequate juridical account of the assisted dying. Perhaps this should be no surprise since the question of how someone might die lawfully, or die well, before the common law is contested with great intensity. A number of answers as to why such disputes continue can be clearly stated in disciplines outside of law. However it is often hard to give proper shape to the jurisprudential questions at issue. In reflecting on this situation, I would like to return the jurisprudence of assisted dying to the understanding of the office of the jurisprudent. Whilst the concerns of office are not always treated as bearing much weight of meaning, the language and ethics of office, I will argue, does provide an important way of understanding how the dignities, jurisdictions, duties, privileges and rights of public and institutional life are assumed and performed. It also provides a distinct form of evaluation. Locating the responsibilities of the office of the jurisprudent provides one way of coming to terms with how jurisprudents and citizens might care for the conduct and commitments of lawful relations.

In this seminar, I would like to take up the challenges to office raised in the recent case of Nicklinson, R (on the application of) v A Primary Care Trust [2013] EWCA Civ 961 (31 July 2013). I present an argument here for treating jurisprudence both as a training in a conduct of office and as a discourse addressing the conduct of a lawful life. The focus of this paper lies on the commitments of office and ethic of responsibility that shape state-centred civil jurisprudence and the responsibilities of jurisprudents in considering the conduct of lawful relations subject to civil authority.”

Date: 11th November 2013, 6.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: See website for details

More information can be found here.

EVENT: IALS – The Role of Academics in Legal Education and Training: a chance to consider the future of legal education and training in the light of the LETR Report

Posted October 15th, 2013 in Forthcoming events by sally

“A One-day conference organised by the Society of Legal Scholars in association with the Institute of Advanced Legal Studies:

Keynote Speaker: Professor William Twining, Emeritus Quain Professor of Jurisprudence, UCL will speak on “The Role of Academics in Legal Education and Training”.

After the keynote address, there will be discussion groups on some of the main recommendations of the LETR Report led by representatives of the academic associations in Law – ALT, CHULS, SLS and SLSA. Conference participants will have ample opportunity to express their views on the LETR recommendations and the future direction of academic legal education, and these will be fed back to the academic associations in Law to inform their consideration of the LETR Report.

The day will end with a panel discussion on the future role of academics in legal education and training: confirmed participants include:

Professor Chris Ashford, Executive Committee Member, SLSA;
Professor Stephen Bailey, President, Society of Legal Scholars;
Professor Anthony Bradney, SLS Legal Education Committee member;
Professor Jane Ching, member of the LETR Research Team;
Professor Rebecca Huxley Binns, Chair, Association of Law Teachers;
Professor Andrew Sanders, Chair Committee of Heads of university Law School;
Chair: Professor Fiona Cownie, SLS Legal Education Committee Chair.”

Date: 30th October 2013, 10.30-16.30pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: £45.00 to include refreshments and lunch.

More information can be found here.

EVENT: Birkbeck – Judicial Conversations: Isobel Williams Drawing The UK Supreme Court

Posted October 15th, 2013 in Forthcoming events by sally

“Isobel Williams is an artist. She regularly attends sittings of the UK Supreme Court and has been granted permission to make images in the courtroom. Her drawings of the court offer a unique perspective on the work of the highest court of the land and the characters that struggle for and deliver justice in that institution. Isobel will provide an introduction to her work.”

Date: 18th October 2013, 6.00-7.30pm

Location: Room 541, Birkbeck, Malet Street, London WC1E 7HZ (entry via Torrington Square)

Charge: Free

More information can be found here.

Strike while the iron’s hot – recent developments in Tenancy Deposits, with more surely on the way – Zenith Chambers

Posted October 15th, 2013 in appeals, deposits, landlord & tenant, news, repossession by sally

“The facts of this new Court of Appeal decision – on the effect of a change in tenancy status on a landlord’s duty to protect a tenancy deposit – are deceptively simple. Its wider effects on claims to recover possession are yet to be felt.”

Full story

Zenith Chambers, 10th October 2013

Source: www.zenithchambers.co.uk

The House That Jackson Built – Zenith Chambers

Posted October 15th, 2013 in budgets, civil procedure rules, disclosure, housing, news, witnesses by sally

“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact (if any) the reforms and stated ‘culture change’ have had, and are likely to have, upon those practising housing law.”

Full story

Zenith Chambers, 15th October 2013

Source: www.zenithchambers.co.uk

The Right to Pray and Work – No. 5 Chambers

Posted October 15th, 2013 in employment, Islam, news, religious discrimination by sally

“Recently I represented a white muslim convert lady to Islam in a claim of direct and indirect religious discrimination under the Employment Equality (Religion or Belief) Regulations 2003. The Direct Discrimination claim was that she was treated less favourably as a muslim in not being provided with uninterrupted breaks. The indirect discrimination claim was wider.”

Full story

No. 5 Chambers, 14th October 2013

Source: www.no5.com

Internet trolls and why Strasbourg doesn’t want to get involved – UK Human Rights Blog

Posted October 15th, 2013 in defamation, freedom of expression, human rights, internet, news by sally

“This case concerned the liability of an Internet news portal for offensive comments that were posted by readers below one of its online news articles. The following summary is based on the Strasbourg Court’s press release.”

Full story

UK Human Rights Blog, 14th October 2013

Source: www.ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 15th, 2013 in legislation by sally

The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) Regulations 2013

The Automatic Enrolment (Miscellaneous Amendments) Regulations 2013

The Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) Amendment Regulations 2013

The Human Medicines (Amendment) (No. 2) Regulations 2013

The Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) (Amendment) Regulations 2013

The Prevention of Social Housing Fraud Act 2013 (Commencement) (England) Order 2013

The Agricultural Holdings (Units of Production) (England) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 15th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Walker & Anor v Burton & Anor [2013] EWCA Civ 1228 (14 October 2013)

Coppage & Anor v Safety Net Security Ltd [2013] EWCA Civ 1176 (11 October 2013)

W (A Child) v Neath Port Talbot County Borough Council & Ors [2013] EWCA Civ 1227 (11 October 2013)

Lockwood v Department of Work and Pensions & Anor [2013] EWCA Civ 1195 (11 October 2013)

Abercrombie & Ors v AGA Rangemaster Ltd [2013] EWCA Civ 1148 (11 October 2013)

Marcus Webb Golf Professional (A Firm) v HM Revenue and Customs [2013] EWCA Civ 1225 (11 October 2013)

AN (Afghanistan) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1189 (11 October 2013)

High Court (Queen’s Bench Division)

Karpov v Browder & Ors [2013] EWHC 3071 (QB) (14 October 2013)

Subotic v Knezevic [2013] EWHC 3011 (QB) (14 October 2013)

High Court (Chancery Division)

The Port of London Authority v Tower Bridge Yacht & Boat Co Ltd [2013] EWHC 3084 (Ch) (14 October 2013)

High Court (Administrative Court)

William Davis Ltd & Anor v Secretary of State for Communities and Local Governments & Anor [2013] EWHC 3058 (Admin) (11 October 2013)

High Court (Commercial Court)

Deutsche Bank AG London Branch v Petromena ASA [2013] EWHC 3065 (Comm) (14 October 2013)

BNP Paribas S.A. v Anchorage Capital Europe LLP & Ors [2013] EWHC 3073 (Comm) (11 October 2013)

Source: www.bailii.org

Wider audience targeted as lasting power of attorney (LPA) process goes online – Ministry of Justice

Posted October 15th, 2013 in consultations, internet, powers of attorney, press releases by sally

“A wider range of people should ensure they have lasting powers of attorney (LPAs) – not just the elderly – Justice Minister Lord McNally said today.”

Full story

Ministry of Justice, 15th October 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Regina (Antoniou) v Central and North West London NHS Foundation Trust and others – WLR Daily

Posted October 15th, 2013 in hospitals, human rights, inquests, law reports, suicide by sally

Regina (Antoniou) v Central and North West London NHS Foundation Trust and others [2013] EWHC 3055 (Admin); [2013] WLR (D) 379

“In order to fulfil its procedural obligations under article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms the state was not obliged to conduct, prior to an inquest, an immediate and independent investigation into the circumstances of the death of a patient detained in hospital under section 3 of the Mental Health Act 1983.”

WLR Daily, 10th October 2013

Source: www.iclr.co.uk

Finnigan v Chief Constable of Northumbria Police – WLR Daily

Posted October 15th, 2013 in appeals, disability discrimination, law reports, police by sally

Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191; [2013] WLR (D) 378

“When the issue arose of whether a public authority had discriminated against a disabled person in carrying out its functions, contrary to the Disability Discrimination Act 1995 or the Equality Act 2010, by having in place a ‘practice, policy or procedure’ (under the 1995 Act) or a ‘provision, criterion or practice’ (under the 2010 Act) to which it had not made reasonable adjustments, the court should first identify what that practice, policy or procedure was as a question of fact, and then determine whether reasonable adjustments had been made to that policy to alleviate the detrimental effects to which a disabled person might be subjected by it. The duty to make reasonable adjustments could not be discharged on an ad hoc basis in relation to individuals but was anticipatory and owed to persons with particular kinds of disabilities as a class.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

Opening a Free School – 11 KBW

Posted October 15th, 2013 in education, news by sally

“Free Schools were introduced following the election of the Conservative-Liberal Democrat coalition in 2010. The first 24 Free Schools opened in September 2011, and prior to September 2013 there were 81 Free Schools in total. A further 109 were due to open in September 2013 (taking the total to 190), and the Secretary of State for Education has approved a further 102 to open from September 2014.”

Full story

11 KBW, 15th October 2013

Source: www.11kbw.com

Landmark Supreme Court cases on deprivations of liberty to start next week – Local Government Lawyer

Posted October 15th, 2013 in freedom of movement, local government, mental health, news, Supreme Court by sally

“A panel of seven justices at the Supreme Court will next week hear two landmark cases on deprivations of liberty.”

Full story

Local Government Lawyer, 15th October 2013

Source: www.localgovernmentlawyer.co.uk