Month: December 2018

What the Divisional Court’s decision in SRA v Sovani James tells us about wellbeing for lawyers: some reasons for optimism- 4 New Square

Posted December 11th, 2018 in Administrative Court, appeals, deceit, disciplinary procedures, mental health, negligence, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘This week the Administrative Court handed down judgment in three appeals by the Solicitors Regulation Authority: SRA v Sovani James, SRA v Esteddar MacGregor, SRA v Peter Naylor [2018] EWHC 3058 (Admin). Reactions to the judgment by lawyers have been critical, regarding it as a harsh decision which missed an opportunity to reflect developing attitudes to wellbeing in the workplace.’

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4 New Square, 16th November 2018

Source: www.4newsquare.com

High Court rejects funder’s bid for “mini-trial” of £14m claim – Litigation Futures

Posted December 11th, 2018 in banking, news, shareholders by sally

‘Litigation funder Vannin Capital has failed to obtain summary judgment of its £14m claim against RBS shareholders it backed who then successfully sued the bank.’

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Litigation Futures, 11th December 2018

Source: www.litigationfutures.com

Coal mine could be built next to one of Northumberland’s most beautiful beaches after High Court appeal – Daily Telegraph

Posted December 11th, 2018 in appeals, energy, environmental protection, miners, news by sally

‘An opencast coal mine could be built next to one of Northumerbland’s most beautiful beaches after The Court of Appeal overturned Savid Javid’s decision to block the scheme.’

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Daily Telegraph, 8th December 2018

Source: www.telegraph.co.uk

On the spot: accidents at work – New Law Journal

Posted December 11th, 2018 in accidents, duty of care, employment, health & safety, homicide, negligence, news, sentencing, victims by sally

‘A new guideline recently published by the Sentencing Council is likely to result in increased penalties for individuals responsible for fatal workplace accidents. Chris Newton reports.’

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New Law Journal, 7th December 2018

Source: www.newlawjournal.co.uk

Jurisdiction after Exit Day: What does the draft Withdrawal Agreement tell us? – 4 New Square

Posted December 11th, 2018 in brexit, EC law, jurisdiction, news by sally

‘The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018.’

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4 New Square, 16th November 2018

Source: www.4newsquare.com

SRA v James: When “I was driven to it” is no defence – 4 New Square

Posted December 11th, 2018 in Administrative Court, disciplinary procedures, mental health, negligence, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘It is well-known that if a solicitor is guilty of dishonesty in and about the work he or she does, they will be struck off unless they can show “exceptional circumstances”. For a while it was thought that extreme and intolerable work pressure giving rise to mental health issues, in turn giving rise to an act or acts of dishonesty, might suffice.’

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4 New Square, 13th November 2018

Source: www.4newsquare.com

Restore legal aid for separating couples, MoJ urged – Law Society’s Gazette

Posted December 11th, 2018 in budgets, consultations, divorce, families, legal aid, news by sally

‘Digitising the divorce application process and hoping for the best isn’t enough to reform the legal requirements for splitting up, the Law Society has warned, telling the government to restore legal aid so that separating couples can receive early advice.’

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Law Society's Gazette, 11th December 2018

Source: www.lawgazette.co.uk

Gambler’s victims to sue bookmakers where he spent stolen cash – The Guardian

Posted December 11th, 2018 in compensation, gambling, money laundering, news, theft, victims by sally

‘Two of the UK’s largest bookmakers are facing compensation claims worth £1.5m over allegations that they allowed a gambling addict to bet hundreds of thousands of pounds in stolen cash.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Parish fails in High Court challenge to permissions for 229 homes – Local Government Lawyer

Posted December 11th, 2018 in housing, local government, news, notification, planning by sally

‘East Bergholt Parish Council has failed in a High Court challenge to decisions by Babergh District Council to grant planning permissions for 229 new homes in the Suffolk village.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

The pen: mightier than the word? – New Law Journal

Posted December 11th, 2018 in civil justice, civil procedure rules, costs, evidence, news, witnesses by sally

‘John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts.’

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New Law Journal, 12th November 2018

Source: www.newlawjournal.co.uk

Grenfell Tower inquiry: LFB ‘failed residents and firefighters’ – BBC News

Posted December 11th, 2018 in fire, fire services, inquiries, news, victims by sally

‘Grenfell Tower residents and firefighters were let down by London Fire Brigade’s leaders, a lawyer for the victims has said.’

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BBC News, 10th December 2018

Source: www.bbc.co.uk

SRA: Law firms must be able to explain decisions made by AI – Legal Futures

Posted December 11th, 2018 in artificial intelligence, law firms, news, Solicitors Regulation Authority by sally

‘Law firms must be able to explain “automated decisions”, including those involving artificial intelligence (AI), the Solicitors Regulation Authority (SRA) has warned.’

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Legal Futures, 11th December 2018

Source: www.legalfutures.co.uk

Legal aid advice network ‘decimated’ by funding cuts – BBC News

Posted December 11th, 2018 in budgets, housing, legal aid, legal representation, litigants in person, news, statistics by sally

‘Cuts to legal aid have created “deserts” of provision across England and Wales, a BBC investigation found.’

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BBC News, 10th December 2018

Source: www.bbc.co.uk

Time to be canny about cash flow – New Law Journal

Posted December 11th, 2018 in budgets, law firms, news by sally

‘Norman Kenvyn shares some tips on how to avoid stretched billing timescales.’

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New Law Journal, 19th November 2018

Source: www.newlawjournal.co.uk

Man found guilty of 1986 Brighton ‘babes in the wood’ murders – The Guardian

Posted December 11th, 2018 in appeals, child abuse, children, forensic science, murder, news, retrials, sexual offences by sally

‘A convicted paedophile has been found guilty of the “babes in the wood” murders at the end of a retrial that drew on scientific advances in forensics 32 years after two schoolgirls were killed.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

MoJ calls for evidence on new personal injury discount rate – Litigation Futures

Posted December 11th, 2018 in bills, case management, compensation, costs, insurance, Ministry of Justice, news, personal injuries, rates by sally

‘The Ministry of Justice (MoJ) has issued a call for evidence on the new personal injury discount rate to be set under what will soon be the Civil Liability Act.’

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Litigation Futures, 10th December 2018

Source: www.litigationfutures.com

Anonymisation Guidance – a curtain of secrecy? – Transparency Project

Posted December 11th, 2018 in adoption, anonymity, care orders, children, codes of practice, families, family courts, interpretation, media, news, public interest, social services by sally

‘The President of the Family Division, Sir Andrew MacFarlane issued some guidance last week on the anonymisation of published judgments in family court cases.’

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Transparency Project, 10th December 2018

Source: www.transparencyproject.org.uk

Government agrees to bring in new Mental Health Bill after independent review – Local Government Lawyer

Posted December 11th, 2018 in bills, detention, mental health, news by sally

‘The government has unveiled plans to introduce a new Mental Health Bill after accepting two key recommendations from an independent review of the Mental Health Act 1983.’

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Local Government Lawyer, 10th December 2018

Source: www.localgovernmentlawyer.co.uk

High court rejects challenge to ‘hostile environment’ NHS charge – The Guardian

Posted December 11th, 2018 in cancer, citizenship, colonies, consultations, deportation, health, immigration, judicial review, medical treatment, news by sally

‘A judge has rejected a challenge by a member of the Windrush generation to the government requirement for the NHS to charge overseas patients for treatment.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Ep. 57: Mass starvation as a weapon of war – Law Pod UK

Posted December 11th, 2018 in food, human rights, international law, news, war, war crimes by sally

‘Rosalind English talks to 1 Crown Office Row’s Catriona Murdoch about the ways in which international law may be used to prevent it.’

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Law Pod UK, 10th December 2018

Source: audioboom.com