Evolution or revolution – are we ready for a single legal services regulator? (PDF)
David Edmonds, Chairman, Legal Services Board
Modern Law Magazine Conference, 29th April 2014
Source: www.legalservicesboard.org.uk
Regina v White (Anthony) [2014] EWCA Crim 714; [2014] WLR (D) 175
‘If a defendant, wrongly charged with offences contrary to section 16(1) of the Theft Act 1968, rather than under section 15A of the 1968 Act, was prepared to admit his dishonest transactions in relation to mortgage advances, it would be wrong to permit him to evade the consequences of his behaviour by refusing to substitute conviction of the correct offence simply in order to punish the prosecution for its egregious failures in relation to charging.’
WLR Daily, 15th April 2014
Source: www.iclr.co.uk
Jafri v Lincoln College [2014] EWCA Civ 449; [2014] WLR (D) 178
‘When the Employment Appeal Tribunal detected a legal error by an employment tribunal, it had to remit the case unless it was able, without itself making any factual assessment or judgment as to the merits, either to conclude that the error could not have affected the result, or to conclude what different result there must have been without the error.’
WLR Daily, 16th April 2014
Source: www.iclr.co.uk
‘The common law offence of scandalising the court, a species of contempt of court which although abolished by statute in England and Wales continued to exist in many parts of the common law world, was “reasonably justifiable in a democratic society” within the meaning of section 12 of the Constitution of Mauritius.’
WLR Daily, 16th April 2014
Source: www.iclr.co.uk
Kásler and another v OTP Jelzálogbank Zrt (Case C‑26/13); [2014] WLR (D) 180
‘The expression the “main subject matter of a contract” in article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts covered a term, incorporated in a loan agreement denominated in foreign currency concluded between a seller or supplier and a consumer and not individually negotiated, pursuant to which the selling rate of exchange of that currency was applied for the purpose of calculating the repayment instalments for the loan, only in so far as it was found, which it was for the national court to ascertain, that that term laid down an essential obligation of that agreement which characterised it. Such a term, in so far as it contained a pecuniary obligation for the consumer to pay, in repayment of instalments of the loan, the difference between the selling rate of exchange and the buying rate of exchange of the foreign currency, could not be considered as “remuneration” the adequacy of which as consideration for a service supplied by the lender could not be the subject of an examination as regards unfairness under article 4(2) of Directive 93/13.’
WLR Daily, 30th April 2014
Source: www.iclr.co.uk
‘“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant… Over his own body and mind, the individual is sovereign.”
The above principle laid down by John Stuart Mill is a cornerstone of liberal political and jurisprudential thought. Mill argued that, provided you cause no harm to others, you should be free to do what you like with your own body and life. This is what the right to personal autonomy and self-determination means; and it is a right which is being steadily, and quietly, eroded. If liberty, as Mill said, consists in the freedom to do everything which injures no one else, then we are already not free – and if the current trend of legislating on public health and morals continues the residual liberty we do enjoy will be diminished.’
Halsbury’s Law Exchange, 30th April 2014
Source: www.halsburyslawexchange.co.uk
‘The release of confidential patient details to a state medical institution in the course of her negotiations with a hospital over a lawsuit was an unjustified interference with her right to respect for private life under Article 8.’
UK Human Rights Blog, 30th April 2014
Source: www.ukhumanrightsblog.com
‘Stop and search powers are to be overhauled after Theresa May warned police abuse of the power was an “unacceptable affront to justice”.’
Daily Telegraph, 20th April 2014
Source: www.telegraph.co.uk
‘Nearly a million criminal offences including rape have gone unrecorded by police in a single year, according to a damning report that could see the 20-year decline in recorded crime reversed when accurate statistics are calculated.’
The Independent, 1st May 2014
Source: www.independent.co.uk
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