LSB to urge regulatory action in bid to strengthen professional ethics – Legal Futures

‘A greater focus on professional ethics among law students and qualified lawyers, with stronger supervision by regulators, is needed to uphold the rule of law, the Legal Services Board has said.’

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Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

National blueprint for prosecuting rape takes a step closer with refreshed joint work pledge – Crown Prosecution Service

‘A blueprint for prosecuting rape and serious sexual offences has taken a significant step forward today – as new data reveals charge rates for rape have increased to 72.8%.’

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Crown Prosecution Service, 20th October 2022

Source: www.cps.gov.uk

Pupillage offers have recovered post-pandemic, Bar Council finds – The Bar Council

Posted October 21st, 2022 in barristers, coronavirus, news, pupillage, statistics by tracey

‘The number of pupillage offers and applications is once again at pre-pandemic levels, according to a new report from the Bar Council published today.’

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The Bar Council, 17th October 2022

Source: www.barcouncil.org.uk

Removal process for judges ‘unconstitutional’, support network tells MoJ – Law Society’s Gazette

‘A new policy designed to remove judges from office if they have been long absent from work due to ill health would be unconstitutional, a support network for judges has told the government.’

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Law Society's Gazette, 20th October 2022

Source: www.lawgazette.co.uk

Financial Remedy Update, October 2022 – Family Law Week

‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during September 2022.’

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Family Law Week, 17th October 2022

Source: www.familylawweek.co.uk

Child sex abuse: The horrific findings of a seven-year inquiry – BBC News

Posted October 21st, 2022 in child abuse, children, inquiries, news, sexual offences by tracey

‘The Independent Inquiry into Child Sexual abuse was created in the wake of the Jimmy Savile scandal to examine how institutions responded to allegations of abuse in England and Wales – both in the past, and today.’

Final report

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BBC News, 20th October 2022

Source: www.bbc.co.uk

Harry Dunn: US citizen pleads guilty to causing death of British teenager by careless driving – The Independent

Posted October 21st, 2022 in accidents, dangerous driving, diplomats, families, guilty pleas, homicide, immunity, news by tracey

‘A US citizen has admitted responsibility for the death of a British teenager in a crash near a US military base. Anne Sacoolas, 45, pleaded guilty to causing the 19-year-old motorcyclist Harry Dunn’s death by careless driving in August 2019.’

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The Independent, 20th October 2022

Source: www.independent.co.uk

Care substandard at 39% of maternity units in England, NHS watchdog finds – The Guardian

‘Two out of five maternity units in England are providing substandard care to mothers and babies, the NHS watchdog has warned. “The quality of maternity care is not good enough,” the Care Quality Commission (CQC) said in its annual assessment of how health and social care services are performing.’

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The Guardian, 21st October 2022

Source: www.theguardian.com

Gleision mine disaster: Decision due on inquest after 11 years – BBC News

Posted October 21st, 2022 in accidents, bereavement, coroners, families, inquests, miners, news by tracey

‘Eleven years after a mine disaster killed four men, a decision is finally expected on whether an inquest will take place into their deaths. A coroner will hear arguments on Friday from barristers.’

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BBC News, 21st October 2022

Source: www.bbc.co.uk

Human Rights Act reform – House of Commons

Posted October 20th, 2022 in bills, human rights, news, repeals by sally

‘During Boris Johnson’s premiership the Government published a Bill of Rights Bill which would repeal the Human Rights Act 1998 and replace it with a new framework to implement the European Convention on Human Rights. The Bill has not yet had its second reading and its fate is now unclear.’

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House of Commons, 19th October 2022

Source: commonslibrary.parliament.uk

Immigration Detention Explained – Each Other

Posted October 20th, 2022 in detention, immigration, news by sally

‘In the UK, thousands of people are held in immigration detention every year under immigration powers and held in “prison-like” conditions. Who are they, what happens when they are detained, and how can they get out?’

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Each Other, 19th October 2022

Source: eachother.org.uk

Instrumented Mouthguards and Tackle Height Lowered in Rugby Union: A Game Changer? – Ropewalk Chambers

Posted October 20th, 2022 in electronic monitoring, news, personal injuries, regulations, sport by sally

‘In another step forward, the use of Instrumented Mouthguards (iMGs) is being included by the RFU in their mission to reduce players’ risk of concussion.’

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Ropewalk Chambers, 19th October 2022

Source: www.ropewalk.co.uk

Death and the Family Partnership – Parklane Plowden Chambers

Posted October 20th, 2022 in chambers articles, news, partnerships, wills by sally

‘The death of a member in a family partnership is an event which creates legal complexities as well as straining personal relationships. This article deals with common issues arising on the death of a member of a family partnership.’

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Parklane Plowden Chambers, 19th October 2022

Source: www.parklaneplowden.co.uk

Case commentary in finding of fact hearing – By Mollie Briggs – Park Square Barristers

Posted October 20th, 2022 in care orders, children, doctors, evidence, expert witnesses, news by sally

‘The case involved a fact-finding hearing where the local authority applied for care orders in respect of two children, after the youngest child sustained significant brain injuries following a fall from the father’s arms whilst he was holding the child and picking up the older sibling.’

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Park Square Barristers, 18th October 2022

Source: www.parksquarebarristers.co.uk

Ventures Food Limited v Little Dessert Shop Ltd [2022] EWHC 2437 – Hailsham Chambers

Posted October 20th, 2022 in chambers articles, costs, news, third parties by sally

‘In this case HHJ Richard Williams (sitting as a High Court Judge) held that significant litigation misconduct by third parties (who had been controlling the litigation conduct of a named party to proceedings) was sufficient to make an order for non-party costs against them.’

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Hailsham Chambers, 7th October 2022

Source: www.hailshamchambers.com

Pay Up, Or Else… Disclosure Obligations v Solicitors’ Liens – Gatehouse Chambers

Posted October 20th, 2022 in chambers articles, disclosure, negligence, news, personal injuries, solicitors by sally

‘Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) concerned a novel argument against disclosure. The Defendant solicitors had formerly been instructed by the Claimant in personal injury litigation. In later professional negligence proceedings against the Defendant, the Claimant sought disclosure of his client file from the personal injury claim. It was common ground that file was disclosable under CPR PD51U, being highly relevant to the Claimant’s professional negligence claim and Defendant’s counterclaim for unpaid fees. Nevertheless, the Defendant declined disclosure on the basis it was exercising its common law lien for unpaid fees. Accordingly, the issue was not whether the file’s specific disclosure should be ordered, but whether a solicitor’s common law rights to a lien in respect of costs can restrict CPR disclosure obligations. Read our case comment to find out what justified disclosure, without the usual “Robins” undertakings.’

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Gatehouse Chambers, 11th October 2022

Source: gatehouselaw.co.uk

Landmark High Court ruling finds Home Office unlawfully discriminates against victims of domestic abuse abandoned outside the UK – Garden Court Chambers

‘In R on the application of AM v SSHD [2022] EWHC 2591 (Admin) Lieven J held that victims of transnational marriage abandonment are in an analogous position to victims of domestic abuse in the United Kingdom. However, while victims of domestic abuse in the United Kingdom can, provided they meet other requirements, apply for indefinite leave to remain; victims of transnational marriage abandonment abroad did not have this option. On this basis, Lieven J concluded that the failure by the SSHD to make provision for this cohort within the Immigration Rules and policy guidance unlawfully discriminated against them and was a disproportionate interference with their article 8 rights.’

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Garden Court Chambers, 18th October 2022

Source: www.gardencourtchambers.co.uk

Surgical Mesh claims stayed following recognition of Chapter 11 Proceedings (Re Astora Women’s Health LLC) – Gatehouse Chambers

Posted October 20th, 2022 in financial regulation, foreign companies, insolvency, international law, news by sally

‘The Insolvency and Companies Court has recognised Chapter 11 Proceedings in the US in respect of the manufacturer of controversial surgical mesh products which have generated a significant number of claims worldwide. The British Claimants have had their claims stayed as a result of this recognition.’

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Gatehouse Chambers, 11th October 2022

Source: gatehouselaw.co.uk

New Judgment: Commissioners for His Majesty’s Revenue and Customs v NHS Lothian Health Board (Scotland) 2022 UKSC [28] – UKSC Blog

Posted October 20th, 2022 in burden of proof, EC law, evidence, news, Scotland, standard of proof, Supreme Court, VAT by sally

‘This appeal concerns the correct approach to evidence and the burden and standard of proof in the context of historic claims for the recovery of input Value Added Tax (“VAT”). Input tax is the VAT incurred when the taxpayer buys in supplies which it uses for the purpose of a business activity.’

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UKSC Blog, 19th October 2022

Source: ukscblog.com

Diagnosis and Management of Strokes in Emergency and Primary Care Settings – Ropewalk Chambers

Posted October 20th, 2022 in causation, chambers articles, expert witnesses, medical treatment, news by sally

‘The diagnosis and treatment of suspected strokes and transient ischaemic attacks (TIAs) is a very broad topic. Depending on the context, determination of the issue of breach of duty is likely to involve consideration of relevant NICE guidance and individual NHS Trust guidelines. It is invariably fact-sensitive and involves detailed expert evidence. Even when breach of duty is not in issue and/or is established in evidence, causation is likely to be contentious in all but the clearest of cases due to the absence of definitive evidence or trial data regarding the efficacy of anticoagulant treatment.’

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Ropewalk Chambers, 11th October 2022

Source: www.ropewalk.co.uk