21/03/2014 – Current Awareness

Advocacy – ‘as if’ the Person Represented, or ‘for’ the Person Represented? – Gresham College

Posted March 21st, 2014 in advocacy, barristers, lectures, legal education by sally

‘UK lawyers used to think that advocacy was a God–given art. In the last 20 years – not more – they have discovered how to train advocacy, applying skills acquired from jurisdictions around the world. Analysis of how advocacy really works benefits from looking back at earlier periods, and then looking forward to today and beyond asking whether advocacy is for establishing the truth and whether the advocate is as if the person represented or simply advocating to win on the client’s behalf at almost any cost. This lecture may include practical demonstrations of examples of advocacy and may involve active engagement with the audience – if willing!’

Gresham College, 5th March 2014

Source: www.gresham.ac.uk

The Policing Debate – BBC Law in Action

Posted March 21st, 2014 in news, police by sally

‘How have recent stories like undercover policing, the deaths of Mark Duggan and Ian Tomlinson, and “Plebgate” affected public confidence in the police? Do the police have the right powers to do their job and do they use them as they should? Has the introduction of Police and Crime Commissioners in England and Wales helped to make the police more accountable?’

BBC Law in Action, 21st March 2014

Source: www.bbc.co.uk

Human trafficking: exercise discretion on a case-by-case basis – Halsbury’s Law Exchange

Posted March 21st, 2014 in bills, forced labour, news, trafficking in human beings by sally

‘Slavery is a term of the highest evocative order. The almost universal abhorrence that this term elicits is due, in large part, to the imprint on the modern psyche caused, not by images of those responsible for the slave trade, but by images and tales of their victims.’

Halsbury’s Law Exchange, 20th March 2014

Source: www.halsburyslawexchange.co.uk

CPS announces first prosecutions for female genital mutilation – CPS News Brief

Posted March 21st, 2014 in female genital mutilation, news, prosecutions by sally

‘The Director of Public Prosecutions has today announced the first ever prosecutions under the Female Genital Mutilation Act.’

CPS News Brief, 21st March 2014

Source: http://blog.cps.gov.uk

Christians deserve more respect, says top judge – The Independent

Posted March 21st, 2014 in Christianity, human rights, news, religious discrimination by sally

‘One of Britain’s top judges has said it is not difficult to see why British Christians “feel their religious beliefs are not being sufficiently respected” in a speech about the clash between the rights of believers and sexual equality.’

The Independent, 21st March 2014

Source: www.independent.co.uk

Ofsted to set out changes to school inspection – BBC News

Posted March 21st, 2014 in education, news, quality assurance by sally

‘The head of Ofsted is set to outline changes to school inspections and defend the schools’ watchdog, in a speech to headteachers.’

BBC News, 21st March 2014

Source: www.bbc.co.uk

English civil court reforms “inconsistent, time-consuming and costly”, says Law Society – OUT-LAW.com

Posted March 21st, 2014 in civil procedure rules, costs, Law Society, news, solicitors by sally

‘Civil courts in England and Wales are increasingly valuing “administration over access to justice” since wide-ranging reforms to procedures and costs came into force last year, the Law Society has claimed.’

OUT-LAW.com, 20th March 2014

Source: www.out-law.com

Dawn Oliver: Does treating the system of justice as a public service have implications for the rule of law and judicial independence? – UK Constitutional Law Association

Posted March 21st, 2014 in judiciary, news, rule of law by sally

‘If you asked a second year LLB student, or even a professor of public law or a legal practitioner, ‘what are the most fundamental functions of judges and the system of justice?’ you would probably get ‘doing justice to all without fear or favour’ and ‘upholding the rule of law’ among the most common answers. And if you asked ‘what are the most important ways in which performance of these functions is secured?’ you would expect to get ‘independence of the judiciary’ among the answers.’

UK Constitutional Law Association, 19th March 2014

Source: www.ukconstitutionallaw.org

Sentence of man who killed victim with Asperger’s challenged over leniency – The Guardian

Posted March 21st, 2014 in appeals, assault, autism, homicide, news, sentencing by sally

‘A four-and-a-half-year jail sentence handed to a man who killed a man with Asperger’s syndrome with a single punch in an unprovoked attack has been referred to the court of appeal for review.’

The Guardian, 20th March 2014

Source: www.guardian.co.uk

No duty to investigate in respect of civilian deaths in Malaya in 1948 – UK Human Rights Blog

Posted March 21st, 2014 in armed forces, colonies, emergency powers, human rights, inquiries, news by sally

‘After an interesting analysis of the time limits for claims under Convention in response to a claim made in relation to actions by British soldiers in Malaya in 1948, the Court of Appeal dismissed all their human rights, customary international law and Wednesbury arguments. There was no obligation in domestic law for the state to hold an inquiry into the deaths of civilians killed by British soldiers in colonial Malaya in 1948, even though the Strasbourg Court might well hold that such a duty ensued.’

UK Human Rights Blog, 20th March 2014

Source: www.ukhumanrightsblog.com

You can’t treat a database like a car in the garage – Your Response v Datateam – Technology Law Update

Posted March 21st, 2014 in contracts, conversion, database right, news by sally

‘A publisher engaged a database manager to maintain a database of subscribers. There was no a formal contract and no provisions for termination were agreed. The relationship ended badly and the publisher gave a month’s notice. The database manager refused to release the database until outstanding fees and damages were paid – raising an old-style legal concept that was useful in the days before modern contracts.’

Technology Law Update, 20th March 2014

Source: www.technology-law-blog.co.uk

Poor care ‘resulted in North Yorkshire baby’s death’ – BBC News

Posted March 21st, 2014 in birth, hospitals, midwives, news, standards by sally

‘A hospital has admitted failings in medical care and poor communication resulted in a child being stillborn.’

BBC News, 21st March 2014

Source: www.bbc.co.uk

Judge condemns former Miss Malaysia’s divorce bill – Daily Telegraph

Posted March 21st, 2014 in choice of forum, costs, divorce, news by sally

A former beauty queen is seeking Britain’s biggest ever divorce payout of £500 million and is running up ‘eye-watering’ legal costs to have the case heard in London

Daily Telegraph, 20th March 2014

Source: www.telegraph.co.uk

Warning over number of war crime suspects living in UK – BBC News

Posted March 21st, 2014 in immigration, news, statistics, war crimes by sally

‘Official figures may significantly underestimate the number of suspected war criminals living in the UK, the ex-head of the Border Force has warned.’

BBC News, 21st March 2014

Source: www.bbc.co.uk

IPCC investigates complaints over 15-year-old boy strip-searched by police – The Guardian

Posted March 21st, 2014 in complaints, detention, news, police, stop and search, young persons by sally

‘The police watchdog is investigating complaints about how a 15-year-old boy was strip-searched by officers after being arrested for a suspected drug offence.’

The Guardian, 20th March 2014

Source: www.guardian.co.uk

‘You’ve suffered enough,’ judge tells mercy killer – Daily Telegraph

Posted March 21st, 2014 in attempted murder, attempts, euthanasia, guilty pleas, murder, news, sentencing by sally

‘A man avoids jail after confessing to a psychiatrist that he smothered his mother as she was dying of lung cancer in a Dorset hospital.’

Daily Telegraph, 20th March 2014

Source: www.telegraph.co.uk

Heavily pregnant immigrant carrying dead child wouldn’t seek help as she was afraid she’d have to pay NHS under ‘health tourism’ rules – The Independent

Posted March 21st, 2014 in birth, health, immigration, news, pregnancy by sally

‘A heavily pregnant immigrant thought to be carrying a dead, unborn child was too afraid to seek medical help in the UK after being told she would have to pay the NHS thousands of pounds to remove the foetus, the High Court has heard.’

The Independent, 20th March 2014

Source: www.independent.co.uk

Worthing Birdman contestant Steve Elkins told to pay £20,000 costs – BBC News

Posted March 21st, 2014 in costs, news, sport by sally

‘A competitor in the Worthing Birdman competition in West Sussex has been ordered to pay £20,000 in legal costs following a lengthy battle with the organisers.’

BBC News, 20th March 2014

Source: www.bbc.co.uk

Criminal solicitors to walk out for third time over legal aid cuts – The Guardian

Posted March 21st, 2014 in budgets, criminal justice, industrial action, legal aid, news, probation, solicitors by sally

“Criminal solicitors across England and Wales are to stage a two-day walkout at the end of the month to coincide with a strike by probation workers.”

The Guardian, 20th March 2014

Source: www.guardian.co.uk

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