Day: 29 November 2017

Recent Statutory Instruments – legislation.gov.uk

Posted November 29th, 2017 in legislation by sally

The Policing and Crime Act 2017 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2017

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment No. 2) Regulations 2017

The Higher Education and Research Act 2017 (Commencement No. 2) Regulations 2017

The Higher Education and Research Act 2017 (Transitory Provisions) Regulations 2017

The State Pension Debits and Credits (Revaluation) (No. 2) Order 2017

The State Pension Revaluation for Transitional Pensions Order 2017

The Civil Procedure Act 1997 (Amendment) Order 2017

The Road User Charging and Workplace Parking Levy (Classes of Motor Vehicles) (England) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Ombudsman tells council to pay compensation over forcible eviction by landlord – Local Government Lawyer

Posted November 29th, 2017 in compensation, homelessness, landlord & tenant, local government, news, ombudsmen by sally

‘Maidstone Borough Council should pay compensation to a homeless family of £4,170 after it accepted their forcible eviction at short notice from temporary accommodation, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

Barristers to face ‘spot checks’ under new CPD scheme – Law Society’s Gazette

Posted November 29th, 2017 in barristers, continuing professional development, news by sally

‘Barristers will face ‘spot checks’ on whether they comply with the controversial new continuing professional development rules from next year under proposals outlined by the bar regulator.’

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Law Society's Gazette, 27th November 2017

Source: www.lawgazette.co.uk

Smartphones hampering jury trials, appeal judge warns – Law Society’s Gazette

Posted November 29th, 2017 in internet, judges, juries, jury directions, news, telecommunications by sally

‘Smartphones and social media are causing headaches for judges, a Court of Appeal judge has warned in a speech highlighting current challenges faced in jury trials.’

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Law Society's Gazette, 27th November 2017

Source: www.lawgazette.co.uk

Judge hits out at lack of provision of secure accommodation for teenager – Local Government Lawyer

Posted November 29th, 2017 in care orders, mental health, news, young persons by sally

A judge is to protest to ministers for the second time in a year about the lack of secure accommodation for vulnerable young people.

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Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

EU’s top court rules workers can claim compensation for untaken holidays – The Guardian

Posted November 29th, 2017 in compensation, EC law, holiday pay, news by sally

‘Workers are entitled to paid leave and can claim compensation if they are not allowed to take their holidays, the EU’s highest court has ruled.’

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The Guardian, 29th November 2017

Source: www.theguardian.com

High Court tells parties: Don’t abuse our tougher approach – Law Society’s Gazette

Posted November 29th, 2017 in budgets, delay, news by sally

‘The High Court has sent a message through a new judgment that litigants should not seek advantage from judges’ hardline stance on costs budgeting.’

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Law Society's Gazette, 28th November 2017

Source: www.lawgazette.co.uk

West Midlands officers ‘failed’ murdered mum and baby – BBC News

Posted November 29th, 2017 in misfeasance in public office, murder, news, police by sally

‘A woman and her baby son were murdered by a man being monitored by police.’

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BBC News, 29th November 2017

Source: www.bbc.co.uk

Law Society to challenge government over fee cuts – Law Society’s Gazette

Posted November 29th, 2017 in criminal justice, fees, Law Society, legal aid, news, solicitors by sally

‘The Law Society is taking High Court action against the government’s latest criminal legal aid reforms over concerns that the ‘fragile’ sector will not be able to withstand further cuts.’

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Law Society's Gazette, 28th November 2017

Source: www.lawgazette.co.uk

So you think you can manage? – New Law Journal

Posted November 29th, 2017 in barristers, barristers' clerks, news by sally

‘LPMA veterans Christine Kings & Edith Robertson (share a master class in practice management with John van der Luit-Drummond.’

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New Law Journal, 24th November 2017

Source: www.newlawjournal.co.uk

Six years after it was due to begin, BSB pulls the plug on QASA – Legal Futures

Posted November 29th, 2017 in advocacy, barristers, news, quality assurance by sally

‘The Bar Standards Board effectively killed the Quality Assurance Scheme for Advocates (QASA) today – six years after it was meant to come into force – by saying it was pulling out to go in a different direction to assure the quality of criminal advocates.’

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Legal Futures, 29th November 2017

Source: www.legalfutures.co.uk

Regulators toughen expectations on financial services firms’ Brexit preparations – OUT-LAW.com

Posted November 29th, 2017 in brexit, EC law, financial regulation, insurance, news, pensions by sally

‘The European Insurance and Occupational Pensions Authority (EIOPA) has warned UK financial firms that they should not rely on leniency from local regulators in the EU if the UK exits the trading bloc without a deal on the cross-border provision of financial services provision in place.’

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OUT-LAW.com, 28th November 2017

Source: www.out-law.com

Criminal: General defences – Law Society’s Gazette

Posted November 29th, 2017 in careless driving, dangerous driving, defences, domestic violence, hearsay evidence, news, self-defence by sally

‘In R v Riddell [2017] EWCA Crim 413 the court confirmed that self-defence can potentially be a defence to allegations of both dangerous and careless driving. Even though dangerous driving does not inherently involve the use of force, there may be a need for responsive force in particular circumstances. The availability of the defence will depend on the force used in the driving in those circumstances. The court observed that it would be wrong for self-defence to be available when driving off to avoid injury but unavailable to nudge someone away when fearing violence.’

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Law Society's Gazette, 27th November 2017

Source: www.lawgazette.co.uk

Child knife deaths in England and Wales set for nine-year peak – The Guardian

Posted November 29th, 2017 in children, homicide, news, offensive weapons, statistics by sally

‘Knife crime has killed 35 children and teenagers in England and Wales so far this year, meaning that 2017 is likely to be the worst year for such deaths in nearly a decade.’

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The Guardian, 28th November 2017

Source: www.theguardian.com

Tribunal berates “careless and disrespectful approach” of SRA and solicitors it was prosecuting – Legal Futures

Posted November 29th, 2017 in accounts, disciplinary procedures, news, solicitors, Solicitors Regulation Authority, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) has criticised both the Solicitors Regulation Authority and two former directors of a Preston law firm for their “careless and disrespectful approach” in applying for approval of an ‘agreed outcome’ only a day before their hearing.’

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Legal Futures, 29th November 2017

Source: www.legalfutures.co.uk

Sex offences by adults in position of trust up 82%, says NSPCC – The Independent

Posted November 29th, 2017 in abuse of position of trust, news, sexual offences, statistics by sally

‘Sex crimes committed by adults in positions of trust have increased by more than 80 per cent since 2014, official figures show.’

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The Independent, 29th November 2017

Source: www.independent.co.uk

Damages for wrongful birth: how far does a doctor’s responsibility go? – UK Human Rights Blog

Posted November 29th, 2017 in birth, causation, damages, doctors, negligence, news, wrongful birth by sally

‘Can a mother who consults a doctor with a view to avoiding the birth of a child with one disability recover damages for the costs associated with another disability?’

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UK Human Rights Blog, 28th November 2017

Source: ukhumanrightsblog.com

Lack of young barristers could be fatal for “sustainable, separate profession” – Legal Futures

Posted November 29th, 2017 in barristers, news, young persons by sally

‘The lack of young barristers is now so acute that it could spell the end of a “sustainable, separate profession”, the incoming chairman of the Bar has warned.’

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Legal Futures, 29th November 2017

Source: www.legalfutures.co.uk

A prenup for Harry and Meghan? – Law & Religion UK

Posted November 29th, 2017 in news, prenuptial agreements, royal family, trusts by sally

‘Almost as soon as actress Meghan Markle’s engagement to Prince Harry was announced, The Times published advice from English family lawyers suggesting the couple sign a prenup. ‘It is absolutely vital’, one interviewee said, because ‘there will always be concerns that in case of any future divorce, royal assets could end up being lost’.’

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Law & Religion UK, 29th November 2017

Source: www.lawandreligionuk.com

Court of Appeal rejects NHS challenge to taking out clinical negligence ATE at start of case – Litigation Futures

Posted November 29th, 2017 in costs, expert witnesses, insurance, negligence, news by sally

‘Clinical negligence claimants can continue to take out after-the-event (ATE) insurance for expert reports when they enter into conditional fee agreements, and premiums will be recoverable even if the case settles before the reports are commissioned, the Court of Appeal has decided in a major ruling today.’

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Litigation Futures, 28th November 2017

Source: www.litigationfutures.com