Day: 11 December 2017

BAILII: Recent Decisions

Posted December 11th, 2017 in law reports by sally

Court of Appeal (Civil Division)

High Court (Administrative Court)

High Court (Queen’s Bench Division)

High Court (Technology and Construction Court)

Source: www.bailii.org

Court security chaos: Judge slams ‘chronic failure’ – Law Society’s Gazette

Posted December 11th, 2017 in contracting out, HM Courts Service, judges, news, security companies by sally

‘A judge has publicly condemned HM Courts & Tribunals Service and an outsourced security company by lifting the lid on the ‘chronic’ and ‘lamentable’ situation at his court, as the spotlight continues to shine on security across the court estate.’

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Law Society's Gazette, 8th December 2017

Source: www.lawgazette.co.uk

Brexit: solicitors welcome ‘breathing space’ deal – Law Society’s Gazette

Posted December 11th, 2017 in agreements, bills, conflict of laws, courts, international law, jurisdiction, Law Society, news, reports, solicitors by sally

‘Lawyers have welcomed with relief the declaration on ‘legal certainty and clarity’ – including mutual recognition and enforcement of judgments – in the Brexit phase 1 agreement reached on Friday. However the Law Society cautioned that the ‘real complexity’ of the deal lies ahead.’

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Law Society's Gazette, 10th December 2017

Source: www.lawgazette.co.uk

Council secures fines for planning company over wilful obstruction of officers – Local Government Lawyer

Posted December 11th, 2017 in fines, local government, news, planning by sally

‘A planning company, and its representative, have been fined for wilfully obstructing officers from Brentwood Borough Council in the course of their work, the local authority has revealed.’

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Local Government Lawyer, 11th December 2017

Source: www.localgovernmentlawyer.co.uk

Jailed Whistle-Blower in Plea for Press Freedoms as Supporters Launch Crowdfunding Campaign – Garden Court Chambers

Posted December 11th, 2017 in freedom of expression, media, misfeasance in public office, news, police, prison officers, prisons, public interest, whistleblowers by sally

‘A prison officer who lost his freedom, home and livelihood after being jailed for exposing dangerous and life-threatening failures and cutbacks in the British prison system has spoken out over the “chilling effect” that his case has had on press freedoms in the UK.’

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Garden Court Chambers, 23rd November 2017

Source: www.gardencourtchambers.co.uk

Genuine Discretion vs Absolute Contractual rights – 4 KBW

Posted December 11th, 2017 in contracts, interpretation, news by sally

‘Business contracts have become the language and form of commercial transactions. Their ubiquity is only surpassed by their functionality. They are useful for establishing one parties rights and obligations towards others as well as available remedies and dispute resolution mechanisms. Contracts can also confer powers upon a party to decide on issues that affect another party.’

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4 KBW, 5th December 2017

Source: www.4kbw.net

Law of Medicine and the Individual: current issues – Lecture by Lady Justice Arden

Posted December 11th, 2017 in assisted suicide, consent, foreign jurisdictions, human rights, lectures, medical ethics, medical treatment, negligence by sally

Law of Medicine and the Individual: current issues (PDF)

Lecture by Lady Justice Arden

Justice KT Desai Memorial Lecture, October 2017

Source: www.judiciary.gov.uk

What Do Judges Do In The Family Court? – Gresham College

Posted December 11th, 2017 in family courts, judges, lectures, news by sally

‘What do judges do in the Family Court? Follow me through a virtual week as a Roving Judge. Learn what goes on behind the scenes: how the family court room works and who is needed to make it work.

A judge’s approach to a case can fundamentally affect the way the parties perceive the trial as fair. What makes for a good judge? What training do they have? Do they properly reflect society’s makeup? Is diversity left at the red baize door and kept outside the corridors of power?’

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Gresham College, 30th November 2017

Source: www.gresham.ac.uk

A quick chat with the police – or an interview? You need a lawyer – Legal Voice

Posted December 11th, 2017 in consultations, criminal justice, legal representation, news, police interviews by sally

‘When the police investigate a criminal offence, it may not be necessary to formally arrest a suspect. In the past, it would be common practice that those being questioned by the police were arrested. Now, with the introduction of the 28-day bail limit, it is becoming a more accepted method for the police to question suspects by way of a ‘voluntary interview’.’

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Legal Voice, 8th December 2017

Source: www.legalvoice.org.uk

Improving UK Competitiveness, Strengthening the Rule of Law – Ministry of Justice

Posted December 11th, 2017 in bills, choice of forum, competition, courts, dispute resolution, international courts, international law, Ministry of Justice, news, reports, rule of law by sally

‘Dominic Raab addressed guests at the Policy Exchange in London for the launch of the Linklaters report ‘The Rule of Law: everyone has a part to play’.’

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Ministry of Justice, 7th December 2017

Source: www.gov.uk

“I made him aware he is very lucky” – Nearly Legal

Posted December 11th, 2017 in homelessness, housing, local government, news, ombudsmen, reports, statutory duty by sally

‘A Local Government Ombudsman Report on the actions of Maidstone Borough Council towards a homeless household makes for depressing reading. Both for the actions (and inactions) of the Council and for what it lays bare about the attitude to the homeless.’

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Nearly Legal, 10th December 2017

Source: nearlylegal.co.uk

Myths of Brexit – Speech by Lord Justice Hamblen

Posted December 11th, 2017 in choice of forum, contracts, dispute resolution, international law, jurisdiction, speeches by sally

Myths of Brexit (PDF)

Speech by Lord Justice Hamblen

Conference organised by the Hong Kong Department of Justice entitled: “Impact of Brexit on the Development of Common Law, Dispute Resolution and Judicial Co-operation in civil and commercial matters”, 2nd December 2017

Source: www.judiciary.gov.uk

Ministry of Justice staff lay out their complaints, with significant levels of discrimination and bullying – Legal Futures

Posted December 11th, 2017 in bullying, civil servants, employment, harassment, Ministry of Justice, news, statistics by sally

‘One in seven civil servants at the Ministry of Justice (MoJ) claim that they have faced discrimination in their job, and one in eight say they have been bullied or harassed.’

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Legal Futures, 8th December 2017

Source: www.legalfutures.co.uk

Court of Appeal upholds assignments of pre-LASPO CFAs – 4 New Square

Posted December 11th, 2017 in agreements, appeals, assignment, contracts, costs, fees, judgments, law firms, news by sally

‘Today [5 December] the Court of Appeal gave it’s eagerly awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980. Overturning the decision of DJ Besford in the County Court at Kingston-Upon-Hull, the court ruled that a pre-LASPO CFA could validly be transferred from one firm of solicitors to another, even after 1 April 2013, in such a way as to preserve the right to recover success fees and ATE premiums, provided all three parties (client and both firms) expressly so agreed.’

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4 New Square, 5th December 2017

Source: www.4newsquare.com

UK regulator scrutinises the way ISPs manage network traffic – OUT-LAW.com

Posted December 11th, 2017 in EC law, enforcement, internet, news by sally

‘The UK’s telecoms regulator has opened a new “enforcement programme” to formally monitor the way in which internet service providers (ISPs) manage the flow of data over their networks.’

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OUT-LAW.com, 11th December 2017

Source: www.out-law.com

New research published to help inform Future Bar Training decisions – Bar Standards Board

Posted December 11th, 2017 in barristers, diversity, legal education, news, pupillage, race discrimination, reports by sally

‘The Bar Standards Board (BSB) has today published two new pieces of research that are intended to provide a qualitative and quantitative evidence base to inform its current decision-making about the future training of barristers.’

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Bar Standards Board, 11th December 2017

Source: www.barstandardsboard.org.uk

Tough code of practice for websites will aim to protect children online – The Guardian

Posted December 11th, 2017 in amendments, bills, children, codes of practice, internet, news, privacy by sally

‘Websites and apps will be subject to a tough new code of practice to protect children’s privacy online following a cross-party campaign in the House of Lords to prevent young people’s internet activity being monitored.’

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The Guardian, 8th December 2017

Source: www.theguardian.com

Aspiring barristers to benefit from bar’s wellbeing portal – Law Society’s Gazette

Posted December 11th, 2017 in barristers, internet, legal education, mental health, news, pupillage, statistics by sally

‘The Bar Council has extended its ‘wellbeing’ initiative – originally set up to support barristers who may suffer from mental health problems – to include students.’

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Law Society's Gazette, 8th December 2017

Source: www.lawgazette.co.uk

A new financial court for the super wealthy? – Transparency Project

Posted December 11th, 2017 in courts, divorce, financial dispute resolution, judges, news by sally

‘The Times and The Telegraph are reporting that new courts are being established to deal with the financial side of divorces for the wealthy.’

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Transparency Project, 8th December 2017

Source: www.transparencyproject.org.uk

Undercover police officers: how far does their legal liability go? – UK Human Rights Blog

Posted December 11th, 2017 in children, compensation, misfeasance in public office, negligence, news, police, psychiatric damage, striking out by sally

‘The High Court has refused an application to strike out a claim in negligence and misfeasance in public office taken by someone born as a result of a liaison between an activist in the animal liberation movement and a man who subsequently turned out to be an undercover police officer.’

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UK Human Rights Blog, 8th December 2017

Source: ukhumanrightsblog.com