25/05/2016 – Current Awareness

‘An appeal court ruling last week appears to have delivered a serious blow to solicitors seeking to offer ‘unbundled’ services without being held liable for matters beyond those in their client retainer.’

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Law Society’s Gazette, 24th May 2016

Source: www.lawgazette.co.uk

Online Court will include “limited” legal costs to aid unbundled advice, says Briggs – Legal Futures

Posted May 25th, 2016 in budgets, civil justice, costs, courts, internet, legal aid, news by sally

‘The new Online Court will not ban lawyers and there will be “a very limited element of fixed costs” so litigants can get initial legal advice – but not the full “over-expensive” service, Lord Justice Briggs said yesterday.’

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Legal Futures, 24th May 2016

Source: www.legalfutures.co.uk

Ombudsman warns on financial appointee role after council told to repay £12k – Local Government Lawyer

Posted May 25th, 2016 in complaints, disabled persons, financial dispute resolution, local government, news, ombudsmen by sally

‘A local authority has agreed to repay nearly £12,000 to a disabled woman for whom it was acting as financial appointee, following an investigation by the Local Government Ombudsman.’

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Local Government Lawyer, 24th May 2016

Source: www.localgovernmentlawyer.co.uk

Censorship or justified Concern? – UK Human Rights Blog

Posted May 25th, 2016 in budgets, codes of practice, demonstrations, duty of care, freedom of expression, human rights, internet, Israel, judicial review, news, police, proportionality, public order, terrorism, universities by sally

‘Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further claim, in respect of decisions made by Southampton University regarding a proposed conference on the legality of the existence of Israel under international law. She held that the University had lawfully withdrawn its permission to hold the conference in April 2015, and refused permission to challenge the University’s subsequent decision to require the conference organisers to meet the conference’s security costs as a condition of allowing the conference to take place at a later date. The conference organisers had claimed that both decisions represented an unlawful interference with their Article 10 right to free expression and Article 11 right to free assembly.’

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UK Human Rights Blog, 24th May 2016

Source: www.ukhumanrightsblog.com

Contracts with ‘no oral variation’ clauses can “in principle” be varied orally, says Court of Appeal – OUT-LAW.com

Posted May 25th, 2016 in appeals, contracts, news by sally

‘Clauses in commercial contracts preventing variation other than in writing are “in principle” unenforceable, given that parties to such contracts generally have the freedom to agree to vary whatever terms they choose, according to three senior judges.’

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OUT-LAW.com, 24th May 2016

Source: www.out-law.com

Chambers in “widespread non-compliance” with diversity rules, study finds – Legal Futures

Posted May 25th, 2016 in barristers, consent, disclosure, diversity, Legal Services Board, news, solicitors, statistics by sally

‘Large numbers of barristers’ chambers are flouting an obligation to publish diversity data and the Bar Standards Board (BSB) has been “unsophisticated” in its implementation of Legal Services Board (LSB) diversity rules, an influential academic has charged.’

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Legal Futures, 23rd May 2016

Source: www.legalfutures.co.uk

Council appeals to Court of Appeal in dispute over houses in multiple occupation and bedroom sizes – Local Government Lawyer

Posted May 25th, 2016 in appeals, houses in multiple occupation, housing, local government, news, tribunals by sally

‘Nottingham City Council has applied to the Court of Appeal for permission to appeal after the Upper Tribunal dismissed its challenge to terms of Houses in Multiple Occupation (HMO) licences that restricted the occupation of bedrooms to a particular type of occupier.’

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Local Government Lawyer, 23rd May 2016

Source: www.localgovernmentlawyer.co.uk

Inside the special prison unit where rehabilitation rules the roost – The Guardian

Posted May 25th, 2016 in bills, mental health, news, prisons, rehabilitation, statistics, women by sally

‘HMP New Hall pioneers care and support for women with complex needs. The justice minister, Michael Gove, should sit up and take notice for his prison reforms.’

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The Guardian, 24th May 2016

Source: www.guardian.co.uk

Money down the drain – Nearly Legal

Posted May 25th, 2016 in costs, easements, housing, local government, news, nuisance, waste, water by sally

‘Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course of the case. It is also an object example of litigation between neighbours that got completely, astonishingly, out of hand in relation to the initial objectives.’

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Nearly Legal, 25th May 2016

Source: www.nearlylegal.co.uk

Judges who viewed porn at work rebuked by SRA – Legal Futures

Posted May 25th, 2016 in disciplinary procedures, judges, news, pornography, professional conduct, Solicitors Regulation Authority by sally

‘One of three judges removed from the bench last year for viewing pornography from a work computer, along with another who resigned before he was removed, have accepted rebukes from the Solicitors Regulation Authority for their conduct.’

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Legal Futures, 25th May 2016

Source: www.legalfutures.co.uk

State aid ruling will help inform future investment of public funds, say experts – OUT-LAW.com

Posted May 25th, 2016 in appeals, competition, EC law, loans, local government, news, sport, state aids by sally

‘A recent ruling by the Court of Appeal in London will help public bodies invest public funds into business ventures without breaching state aid rules.’

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OUT-LAW.com, 23rd May 2016

Source: www.out-law.com

FCA warns banks on use of anti-money laundering rules to close accounts – The Guardian

Posted May 25th, 2016 in banking, charities, competition, EC law, fines, money laundering, news by sally

‘UK banks have been told by the City regulator they should not use anti-money laundering rules as an excuse to close accounts for charities, politicians and other clients just because they perceive them as risky.’

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The Guardian, 24th May 2016

Source: www.guardian.co.uk

New drainage guidance for lawyers published – Legal Futures

Posted May 25th, 2016 in barristers, building law, codes of practice, duty of care, housing, local government, news, planning, solicitors, water by sally

‘New guidance is released today [24 May] for lawyers on drainage requirements for new build developments.’

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Legal Futures, 24th May 2016

Source: www.legalfutures.co.uk

Independent Monitoring Board slams Heathrow Immigration Removal Centres – Free Movement

Posted May 25th, 2016 in asylum, complaints, detention, disabled persons, health, immigration, mental health, news, standards by sally

‘What were Harmondsworth and Colnbrook Detention Centres have been brought under the same management, and are now called Heathrow Immigration Removal Centres. Nonetheless, as the Independent Monitoring Board’s report shows, detention centres by another name still have their same old problems. The Board’s recommendations focus on treatment of vulnerable people, both mentally and physically.’

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Free Movement, 23rd May 2016

Source: www.freemovement.org.uk

Father of Eleanor de Freitas loses battle for fresh inquest – The Guardian

Posted May 25th, 2016 in coroners, Crown Prosecution Service, families, inquests, news, rape, suicide by sally

‘The father of a woman who killed herself days before she was due in court on suspicion of making a false rape claim has lost his legal battle for a new inquest into her death.’

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The Guardian, 24th May 2016

Source: www.guardian.co.uk

Judge throws out CPS challenge to innocence of protesters who blockaded London arms fair – The Independent

Posted May 25th, 2016 in appeals, Crown Prosecution Service, demonstrations, inquiries, news, weapons by sally

‘A judge has thrown out an appeal by the Crown Prosecution Service against a decision to acquit protesters who tried to blockade the world’s biggest arms fair.’

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The Independent, 24th May 2016

Source: www.independent.co.uk

Doctor cleared of failing to tell cancer patient her condition was terminal – The Guardian

Posted May 25th, 2016 in cancer, disciplinary procedures, doctors, medical treatment, news, professional conduct, tribunals by sally

‘A doctor at the centre of sports doping allegations has been cleared of failing to tell a cancer patient her condition was terminal.’

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The Guardian, 24th May 2016

Source: www.guardian.co.uk

What happens when you’re deported to Britain? – BBC News

Posted May 25th, 2016 in benefits, burglary, charities, deportation, housing, immigration, local government, national insurance, news, prisons by sally

‘A widowed mother-of-five who has lived in Australia for most of her life is facing deportation to the UK. What awaits her when she gets off the plane, asks Claire Bates.’

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BBC News, 24th May 2016

Source: www.bbc.co.uk