Month: March 2015

Specialist Family Drug and Alcohol Court is going nationwide – Halsbury’s Law Exchange

Posted March 18th, 2015 in alcohol abuse, alcoholism, drug abuse, family courts, local government, news, rehabilitation by sally

‘The Family Drug and Alcohol Court (FDAC), introduced by District Judge Crichton in 2007, has been piloted in London and successfully rolled out to Milton Keynes and Gloucestershire. The court aims to help parents struggling with alcohol or drug abuse where this features as a key element in a local authority’s decision to bring care proceedings.’

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Halsbury’s Law Exchange, 17th March 2015

Source: www.halsburyslawexchange.co.uk

Ryanair says it will fight on after Court of Appeal defeat – Zenith Chambers

Posted March 18th, 2015 in airlines, appeals, competition, mergers, news, tribunals by sally

‘The Court of Appeal has rejected Ryanair’s contention that the Competition Appeal Tribunal was incorrect to uphold the Competition Commission’s order that Ryanair should reduce its stake in Aer Lingus from 28.5 to 5 per cent.’

Full story (PDF)

Zenith Chambers, 16th February 2015

Source: www.zenithchambers.co.uk

Freedom of Information and Data Protection: Case Law Update 2014 – Thirty Nine Essex Street

Posted March 18th, 2015 in damages, data protection, freedom of information, human rights, legal profession, news, privilege, Supreme Court, vexatious litigants by sally

‘This paper covers key information rights cases in 2014. The breadth of issues covered below, from legal professional privilege, human rights to vexatious requests, demonstrates the overlap between information law and many other areas of public law. This paper is intended to provide guidance, even for those who are not steeped, day-to-day, in the workings of the Freedom of Information Act 2000 (“FOIA”) and the Data Protection Act 1998 (the “DPA”), on the practical implications of these developments.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

QC status “should be extended” beyond barristers and solicitors – Legal Futures

Posted March 18th, 2015 in barristers, legal profession, legal representation, news, quality assurance, queen's counsel, solicitor advocates by sally

‘QC status should be available to all advocates appearing in the higher courts, whether or not they are barristers or solicitors, the Legal Services Consumer Panel has said.’

Full story

Legal Futures, 18th March 2015

Source: www.legalfutures.co.uk

What happens if a beneficiary of a will pre-deceases a testator? – Tanfield Chambers

Posted March 18th, 2015 in charities, gifts, news, wills by sally

‘Wills are typically described as “ambulatory” which means that they possess no force or effect prior to the death of the testator. Where the beneficiary of a gift predeceases the testator then as a general rule the gift will fail or “lapse”. Note that a deemed predecease will arise in various cases such as the effect of divorce on a gift made by one spouse to another. The effect is that for the purpose of any gift to that spouse the survivor will be deemed to have predeceased the testator[1]. Another less well known example is the effect of renunciation of a gift.’

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Tanfield Chambers, 19th February 2015

Source: www.tanfieldchambers.co.uk

Monetary Penalty Notices – Thirty Nine Essex Street

Posted March 18th, 2015 in data protection, news, penalties by sally

‘The purpose of this paper is to provide an introduction to monetary penalty notices. The law is complex and you cannot assume that the ICO has got it right, even though they have published guidance for themselves to follow.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

UK benefit cap is lawful, supreme court rules – The Guardian

Posted March 18th, 2015 in benefits, children, domestic violence, families, news, poverty, Supreme Court, treaties, United Nations by sally

‘The supreme court has ruled that the government’s benefit cap, which limits unemployed claimants to £500 a week in total welfare payments, is lawful.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

Bert and Ernie gay marriage cake row could force Muslims to print Prophet Mohammed cartoons – lawyer – Daily Telegraph

Posted March 18th, 2015 in food, freedom of expression, homosexuality, human rights, marriage, news, Northern Ireland, sale of goods by sally

‘Human Rights barrister claims gay marriage cake court case would erode right to refuse to act against conscience.’

Full story

Daily Telegraph, 18th March 2015

Source: www.telegraph.co.uk

EVENT: King’s College London – The Human Rights Act: the Bill of Rights for the 21st Century?

Posted March 18th, 2015 in Forthcoming events by sally

‘There seems to be little doubt that the 800th anniversary of the Magna Carta is an occasion to celebrate. Much less secure is the position of its much younger sibling in the list of what are often called “constitutional statutes”, the Human Rights Act 1998. It took the United Kingdom almost 50 years to adopt its own particular “Bill of Rights”, and after its tender fifteen years of operation it is still under attack.’

Date: 24th March 2015, 4.30-6.00pm

Location: Parliament Chamber Inner Temple

Charge: Free, registration required

More information can be found here.

Court of Protection Issues – Thirty Nine Essex Street

Posted March 18th, 2015 in care homes, Court of Protection, custody, human rights, learning difficulties, news, residential care, Supreme Court by sally

‘This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty following the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Man jailed for trying to set up child sex abuse from south pole – The Guardian

Posted March 18th, 2015 in child abuse, children, conspiracy, electronic mail, indecent photographs of children, internet, news, sentencing, sexual offences, sexual offences prevention orders by sally

‘A man has been jailed for three years for trying to arrange the sexual abuse of a child while working at the south pole.’

Full story

The Guardian, 18th March 2015

Source: www.guardian.co.uk

The Use of Building Information Modelling (“BIM”) the UK Experience – Thirty Nine Essex Street

Posted March 18th, 2015 in construction industry, intellectual property, news, reports by sally

‘The question we pose ourselves this morning is: to what extent is the use of Building Information Modelling (“BIM”) in the construction industry in the UK, changing the legal landscape for the liability of construction professionals for design defects in construction and engineering projects?’

Full story (PDF)

Thirty Nine Essex Street, January 2015

Source: www.39essex.com

High Court grants overworked law firm relief from sanctions – Litigation Futures

Posted March 18th, 2015 in delay, evidence, law firms, news, sanctions by sally

‘A High Court judge has granted relief from sanctions, after a law firm blamed pressure of work for late service of evidence in a Russian libel case.’

Full story

Litigation Futures, 18th March 2015

Source: www.litigationfutures.com

European Commission fines broker in Libor cartel case – Zenith Chambers

Posted March 18th, 2015 in competition, EC law, fines, interest, news, penalties, regulations by sally

‘The European Commission announced on 4 February that it fined the UK broker ICAP EUR 14.9 million for its role in allegedly facilitating cartel activity that manipulated the yen Libor interest rate.’

Full story (PDF)

Zenith Chambers, 6th February 2015

Source: www.zenithchambers.co.uk

Supreme court to decide whether UK benefits cap is unlawful – The Guardian

Posted March 18th, 2015 in appeals, benefits, domestic violence, EC law, families, homelessness, housing, news, Supreme Court by sally

‘The Supreme court will decide on Wednesday if a cornerstone of the coalition government’s benefits policy is unlawful.’

Full story

The Guardian, 18th March 2015

Source: www.guardian.co.uk

EVENT: JUSTICE – Law and Literature Series: An evening with Ian McEwan

Posted March 18th, 2015 in Forthcoming events by sally

‘Jerusalem prize winning author, Ian McEwan will read from his new book The Children’s Act for which he turns his pen to another British Institution, the High Court.’

Date: 30th April 2015, 5.30-9.00pm

Location: Gray’s Inn

Charge: These are exclusive events for JUSTICE members and their guests. Tickets cost £50 and all profits go to the Securing JUSTICE at 60 Appeal.

More information can be found here.

BBC Savile abuse: Dame Janet Smith review ‘due in May’ – BBC News

Posted March 18th, 2015 in abuse of position of trust, BBC, child abuse, children, hospitals, news, sexual offences by sally

‘A report into how Jimmy Savile and Stuart Hall carried out abuse while at the BBC is due to be published in May, the review’s author has said.’

Full story

BBC News, 17th March 2015

Source: www.bbc.co.uk

High Court confirms finality of tobacco settlement in failed OFT case – Zenith Chambers

Posted March 18th, 2015 in appeals, competition, news, penalties, smoking, time limits, tribunals by sally

‘A party that had paid reduced penalties through the UK’s early resolution procedure could not appeal the penalties after the competition authority’s case had collapsed and following successful appeals by other parties to the investigation.’

Full story (PDF)

Zenith Chambers, 2nd February 2015

Source: www.zenithchambers.co.uk

Rape victims with petty convictions denied compensation – The Guardian

Posted March 18th, 2015 in criminal injuries compensation, drug abuse, news, personal injuries, police, prostitution, rape, victims by sally

‘The Criminal Injuries Compensation Authority routinely refuses to make awards to women who have committed minor offences.’

Full story

The Guardian, 17th March 2015

Source: www.guardian.co.uk

End of the line for Eurotunnel ferry service as CAT scuppers appeal – Zenith Chambers

Posted March 18th, 2015 in appeals, competition, mergers, news, ships, transport, tribunals by sally

‘Eurotunnel began its cross-Channel ferry service in August 2012 using assets acquired from Sea France after its liquidation in 2011. The transaction was blocked by the Competition Commission in 2013 because it gave Eurotunnel too strong a presence in the cross-channel transportation market. In its 9 January 2015 judgment the Competition Appeal Tribunal dismissed Eurotunnel’s appeal against the decision by the CMA to prohibit the deal for a second time. The judgment is significant when viewed against a background of trades in distressed assets in Europe and internationally. It merits a careful reading for parties seeking to realise value from company liquidations.’

Full story (PDF)

Zenith Chambers, 13th January 2015

Source: www.zenithchambers.co.uk