Day: 14 January 2016

Regina v R and others – WLR Daily

Posted January 14th, 2016 in appeals, criminal procedure, disclosure, documents, evidence, law reports by sally

Regina v R and others [2015] EWCA Crim 1941; [2015] WLR (D) 552

‘The Court of Appeal (Criminal Division) gave guidance on the proper approach to disclosure of unused material in criminal proceedings where large quantities of documents, in particular electronic documents, were involved, and also on the approach to an abuse of process application where proceedings were delayed because of the disclosure exercise.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

Lawyer takes charge of financial affairs of titled woman who was last patient to undergo ‘lunacy inquisition’ – Daily Telegraph

Posted January 14th, 2016 in Court of Protection, mental health, news, powers of attorney, solicitors by sally

‘The woman, who is in her late 70s, underwent a frontal leucotomy in 1962 to cut nerve fibres in the brain.’

Full story

Daily Telegraph, 13th January 2016

Source: www.telegraph.co.uk

Landmark case puts NHS Trust on trial alongside two doctors it is claimed were underqualified – Daily Telegraph

Posted January 14th, 2016 in corporate manslaughter, doctors, homicide, hospitals, negligence, news by sally

‘Court hears two underqualified doctors watched as a previously healthy young woman lay dying without taking the basic steps that could have saved her.’

Full story

Daily Telegraph, 13th January 2016

Source: www.telegraph.co.uk

Regina (Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales – WLR Daily

Posted January 14th, 2016 in EC law, environmental health, law reports, pollution by sally

Regina (Seiont, Gwyrfai and Llyfni Anglers’ Society) v Natural Resources Wales [2015] EWHC 3578 (Admin); [2015] WLR (D) 554

‘“Damage” as defined in article 2(2) of Parliament and Council Directive 2004/35/EC on environmental liability was restricted to a deterioration in the environmental situation and did not, in addition, include the prevention of an existing, already damaged environmental state from achieving a level which was acceptable in environmental terms or a deceleration in such achievement.’

WLR Daily, 17th December 2015

Source: www.iclr.co.uk

Tribunal dismisses challenge to tax charge resulting from use of ‘pension liberation’ scheme – OUT-LAW.com

Posted January 14th, 2016 in income tax, news, pensions, taxation, tribunals by sally

‘Money advanced in the form of a “loan” to the member of a so-called ‘pension liberation’ scheme was a “payment” for the purposes of the tax rules, and therefore subject to a 40% income tax charge and additional surcharge, a tax tribunal has ruled.’

Full story

OUT-LAW.com, 13th January 2016

Source: www.out-law.com

One in 12 criminals reoffends just 18 days after being freed from prison – Daily Telegraph

Posted January 14th, 2016 in news, recidivists, statistics by sally

‘Official figures disclose shocking rate of reoffending by thousands of freed inmates.’

Full story

Daily Telegraph, 13th January 2016

Source: www.telegraph.co.uk

Top judge says justice system is now unaffordable to most – The Guardian

Posted January 14th, 2016 in civil justice, courts, criminal justice, fees, judges, judiciary, litigants in person, news, reports by sally

‘Civil justice is unaffordable for most people, more people are being forced to represent themselves, and judges – whose pensions have been cut – feel underappreciated, according to the lord chief justice.’

Full story

The Guardian, 13th January 2016

Source: www.guardian.co.uk

More children to be removed from biological parents and placed for adoption under ‘urgent’ new rules – The Independent

Posted January 14th, 2016 in adoption, care orders, children, news by sally

‘More children will be removed from their biological parents and placed for adoption, under “urgent” new rules to be announced by ministers.’

Full story

The Independent, 14th January 2016

Source: www.independent.co.uk

Snooper’s charter: cafes and libraries face having to store Wi-Fi users’ data – The Guardian

Posted January 14th, 2016 in bills, costs, internet, investigatory powers, news, select committees by sally

‘Coffee shops running Wi-Fi networks may have to store internet data under new snooping laws, Theresa May has said.’

Full story

The Guardian, 13th January 2016

Source: www.guardian.co.uk

Interim review of civil courts proposes online court for claims up to £25,000 – Local Government Lawyer

Posted January 14th, 2016 in civil justice, consultations, courts, internet, news, reports, small claims by sally

‘There is a clear and pressing need to create an online court for claims up to £25,000, a senior judge has said in his interim review of the civil courts structure in England and Wales.’

Full story

Local Government Lawyer, 13th January 2016

Source: www.localgovernmentlawyer.co.uk

Robot lawyer can help you claim compensation without legal fees – Daily Telegraph

Posted January 14th, 2016 in compensation, computer programs, fines, news, parking by sally

‘Student entrepreneur who created donotpay.co.uk has launched automated lawyer to help people challenge unfair fines.’

Full story

Daily Telegraph, 13th January 2016

Source: www.telegraph.co.uk

Solicitors welcome investigation into cost and quality of UK legal services – The Guardian

Posted January 14th, 2016 in competition, inquiries, legal services, news, solicitors by sally

‘An investigation into “longstanding concerns about the affordability” and quality of legal services has been launched by the Competition and Markets Authority (CMA).’

Full story

The Guardian, 13th January 2016

Source: www.guardian.co.uk

Moyo v Nursing and Midwifery Council – WLR Daily

Posted January 14th, 2016 in burden of proof, civil procedure rules, disciplinary procedures, law reports, nurses by sally

Moyo v Nursing and Midwifery Council [2015] EWHC 3547 (Admin); [2015] WLR (D) 555

‘In fitness to practise hearings there was no formal burden or standard of proof at the sanction stage of the proceedings; rather it was for the panel to use its own professional judgment to decide what sanction would be proportionate in order to protect the public interest, which included: (1) protection of patients and others; (2) maintenance of public confidence in the professions and the regulatory body; and (3) declaring and upholding proper standards of conduct and behaviour.’

WLR Daily, 10th December 2015

Source: www.iclr.co.uk

Amber Services Europe Ltd and others v Director of Border Revenue – WLR Daily

Posted January 14th, 2016 in appeals, customs and excise, forfeiture, law reports by sally

Amber Services Europe Ltd and others v Director of Border Revenue [2015] EWHC 3665 (Admin); [2015] WLR (D) 557

‘A conviction for an offence contrary to section 170B(1) of the Customs and Excise Management Act 1979 was not required in order for goods to be liable to forfeiture under section 170B(2).”

WLR Daily, 16th December 2015

Source: www.iclr.co.uk

Private messages at work can be read by European employers – BBC News

Posted January 14th, 2016 in electronic mail, employment, human rights, interception, news, privacy by sally

‘Employers can read workers’ private messages sent via chat software and webmail accounts during working hours, judges have ruled.’

Full story

BBC News, 13th January 2016

Source: www.bbc.co.uk

Flower v HM Coroner for Devon, Plymouth, Torbay and South Devon – WLR Daily

Posted January 14th, 2016 in coroners, inquests, law reports, regulations by sally

Flower v HM Coroner for Devon, Plymouth, Torbay and South Devon [2015] EWHC 3666 (Admin); [2015] WLR (D) 558

‘An inquest or an investigation had not been “held” for the purposes of section 13(1)(b) of the Coroners Act 1988 until an inquest had been conducted and completed.’

WLR Daily, 16th December 2015

Source: www.iclr.co.uk