Plymouth Taser officer cleared of misconduct – BBC News

Posted March 9th, 2015 in inquests, news, police, professional conduct, weapons by tracey

‘A police officer who Tasered a petrol-soaked man who then caught fire and died has been cleared of misconduct.’

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BBC News, 7th March 2015

Source: www.bbc.co.uk

Cyril Smith abuse allegations: Cabinet Office denies cover-up – The Guardian

‘Documents released to Mail on Sunday reveal Margaret Thatcher knew of child abuse allegations against Rochdale MP before he was given knighthood.’

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The Guardian, 8th March 2015

Source: www.guardian.co.uk

Are murderers born or made? – BBC News

Posted March 9th, 2015 in child abuse, crime prevention, criminal responsibility, DNA, murder, news by tracey

‘Murders are tragic but rare. But what drives some people to kill? Michael Mosley has been looking into research exploring the minds of murderers.’

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BBC News, 9th March 2015

Source: www.bbc.co.uk

EVENT: University of Cambridge – EU Internet Regulation After Google Spain

Posted March 6th, 2015 in Forthcoming events by sally

‘This one-day conference, made possible as a result of a kind donation from Hogan Lovells, will explore the implications of C-131/12 Google Spain; Google v Agencia Española de Protección de Datos (AEPD), Mario Costeja González (2014), the Court of Justice of the European Union’s long awaited “right to be forgotten” case. Although directly focused on search engines, this key judgment has wider implications. Sessions will, therefore, explore not only the future of search engines’ data protection obligations but also the general shape of EU regulation of the internet, questions related to jurisdiction and applicable law and the historic pathway to the Google Spain judgment. Confirmed speakers/panellists include Professor Artemi Rallo Lombarte (former Director of the Spanish Data Protection Authority), William Malcolm (Senior Privacy Counsel at Google) and David Smith (UK Deputy Information Commissioner).’

Date: 27th March 2015

Location: University of Cambridge

Charge: See website for details

More information can be found here.

BAILII: Recent Decisions

Posted March 6th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

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Integral Petroleum SA v SCU-Finanz AG – WLR Daily

Posted March 6th, 2015 in company law, conflict of laws, contracts, documents, EC law, law reports by sally

Integral Petroleum SA v SCU-Finanz AG [2015] EWCA Civ 144; [2015] WLR (D) 97

‘Where a contract had been signed by only one of a company’s two joint signatories, the question of whether the company was bound by the contract was properly characterised as a question of the company’s capacity, to be governed by the law of the company’s constitution, rather than a question of the formal validity of the contract, to be governed by the law which governed the contract, pursuant to article 11 of Parliament and Council Regulation (EC) No 593/2008.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 6th, 2015 in legislation by sally

SI 2015/406 – The Civil Procedure (Amendment) Rules 2015

SI 2015/404 – The Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015

SI 2015/401 – The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015

SI 2015/400 – The Professional Standards Authority for Health and Social Care (Fees) Regulations 2015

SI 2015/399 – The Pressure Equipment (Amendment) Regulations 2015
Continue reading…

Woman who killed son by feeding him methadone jailed for six years – The Guardian

Posted March 6th, 2015 in child neglect, drug abuse, homicide, news, sentencing by sally

‘A heroin addict has been jailed for six years for killing her two-year-old son by feeding him methadone’

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The Guardian, 5th March 2015

Source: www.guardian.co.uk

Lawyers ‘are using threats to stop negative client reviews’ – The Independent

Posted March 6th, 2015 in consumer protection, defamation, internet, intimidation, law firms, news by sally

‘Thin-skinned lawyers are abusing their legal standing by threatening defamation action against members of the public who post negative reviews of their services on TripAdvisor-style websites.’

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The Independent, 5th March 2015

Source: www.independent.co.uk

Disabled adult wins High Court battle with council over charges for services – Local Government Lawyer

‘A disabled adult has successfully challenged in the High Court aspects of a county council’s policy on charging for adult non-accommodation services.’

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Local Government Lawyer, 5th March 2015

Source: www.localgovernmentlawyer.co.uk

Smoking ban must be enforced in prisons, judge rules – The Guardian

Posted March 6th, 2015 in news, prisons, smoking by sally

‘The ban on smoking in public places must be enforced in state prisons as well despite warnings that it could provoke widespread unrest in jails across England and Wales, a high court judge has ruled.’

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The Guardian, 5th March 2015

Source: www.guardian.co.uk

Police tackle serious crimes with ‘slap on wrist’, MPs warn – BBC News

Posted March 6th, 2015 in cautions, news, police, prosecutions, select committees, statistics by sally

‘Too many offenders in England and Wales are given “just a slap on the wrist” for serious crimes, MPs have argued.’

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BBC News, 6th March 2015

Source: www.bbc.co.uk

Infertility helped your career, NHS tells lawyer – Daily Telegraph

‘A high flying city lawyer, who was rendered infertile after NHS blunders, was told she was due less compensation as children would have hampered her career.’

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Daily Telegraph, 6th March 2015

Source: www.telegraph.co.uk

Plans to restrict use of conditional fee agreements in insolvency cases dropped ‘for the time being’ – OUT-LAW.com

Posted March 5th, 2015 in delay, fees, insolvency, insurance, news, personal injuries by tracey

‘Successful parties to insolvency cases will not be prevented from recovering conditional fee agreement (CFA) “success” fees and legal insurance premiums from their opponents from April, after the UK government extended a temporary exemption from the general ban “for the time being”.’

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OUT-LAW.com, 4th March 2015

Source: www.out-law.com

Blow for MoJ as regulations on judicial review and legal aid ruled unlawful – Local Government Lawyer

‘The Government’s introduction through regulations of a “no permission, no fee” arrangement for making a legally aided application for judicial review was unlawful, the Divisional Court has ruled.’

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Local Government Lawyer, 4th March 2015

Source: www.localgovernmentlawyer.co.uk

EAT denies claimants court fees recovery because union paid them – Litigation Futures

‘A group of employees who successfully appealed a tribunal ruling over the interpretation of their contracts cannot recover court fees because their union paid them, the Employment Appeal Tribunal (EAT) has decided.’

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Litigation Futures, 4th March 2015

Source: www.litigationfutures.com

Law firms and medical agencies launch judicial review over whiplash reforms – Litigation Futures

Posted March 5th, 2015 in consultations, expert witnesses, law firms, news, personal injuries by tracey

‘A group of personal injury firms and medical reporting agencies has pushed ahead with its plan to issue an application for judicial review against the government, challenging its reforms to medical reporting in whiplash cases.’

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Litigtation Futures, 3rd May 2015

Source: www.litigationfutures.com

No duty on solicitors to check credit status of parties, High Court rules – Legal Futures

Posted March 5th, 2015 in consumer credit, law firms, news, solicitors by tracey

‘Solicitors are not under a general duty to check the credit status of parties in a commercial transaction unless instructed to, the High Court has ruled.’

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Legal Futures, 4th March 2015

Source: www.legalfutures.co.uk

Powers of entry: code of practice – Home Office

Posted March 5th, 2015 in codes of practice, police, powers of entry by tracey

‘The code provides guidance and sets out considerations that apply to the exercise of powers of entry including, where appropriate, the need to minimise disruption to business. It will ensure greater consistency in the exercise of powers of entry, and greater clarity for those affected by them, while upholding effective enforcement.’

Full code

Home Office, 4th March 2015

Source: www.gov.uk/home-office

Court fee increase imminent as levy clears parliament – Law Society’s Gazette

Posted March 5th, 2015 in courts, fees, news, parliament, regulations by tracey

‘Court fees will increase from next week after the House of Lords last night rubber-stamped the planned levy. A 5% charge will be added to all civil claims valued at more than £10,000, with fees capped at £10,000. According to the statutory instrument, the order comes into force on the following Monday after it is made.’

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Law Society’s Gazette, 5th March 2015

Source: www.lawgazette.co.uk