Henia v Beck: Time for a Rethink? – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, consultations, news, notification, remuneration by sally

‘Google the decision in Henia Investments Inc v Beck Interiors Ltd and you will find a raft of articles championing the decision as adding yet further weight to the argument that payment applications submitted by the “payee” must be clear and unambiguous.’

Full story

Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

Implementing the Unitary Patent in the UK – NIPC Law

Posted February 22nd, 2016 in consultations, EC law, intellectual property, news, patents by sally

‘Whatever happens on 23 June 2016 HMG will have to make rules to implement the Agreement on a Unified Patent Court in the United Kingdom. The reason I say that is that the Agreement comes into force after 13 countries, including France, Germany and the UK, ratify the Agreement. Nine countries including France have already done so (see the European Council’s website). Parliament has enacted primary legislation to enable the Secretary of State to give effect to the Agreement in the UK by order in council (see S,17 of the Intellectual Property Act 2014 inserting a new s.88A and s.88B into the Patents Act 1977). As it would take time to negotiate an exit agreement under art 50 (2) of the Treaty on European Union the Agreement will almost certainly come into force while the UK is still an EU member. There would have to be some sort of secondary legislation at least for the time in which the UK remains a party to the UPC Agreement.’

Full story

NIPC Law, 22nd February 2016

Source: www.nipclaw.blogspot.co.uk

Savers pay hundreds for bank account mis-selling claims rejected by ombudsman – Daily Telegraph

‘Financial Ombudsman Service says claims made through third-party companies much less likely to be upheld.’

Full story

Daily Telegraph, 20th February 2016

Source: www.telegraph.co.uk

Fee proposals for grants of probate – Ministry of Justice

Posted February 19th, 2016 in consultations, fees, news, probate by sally

‘This consultation sets out the government’s proposals for reforming the fee payable for an application for a grant of probate. The proposed fee regime will move from a flat to a banded fee approach, proportionate to, and rising with, the value of the estate, and at the same time will increase the value of the estate below which no fee is payable from £5,000 to £50,000, lifting some 30,000 estates out of paying any fee. The proposals are intended to be fair and progressive. The Government is also considering whether grant of probate applications should be excluded from the fee remissions scheme and are seeking views on this issue.’

Full story

Ministry of Justice, 18th February 2016

Source: www.consult.justice.gov.uk

Finance and Divorce Update, February 2016 – Family Law Week

‘According to the Law Society Gazette, the outcome of more than 2,000 may have been voided by the Form E software fault.  Justice Minister Shailesh Vara MP has indicated, in a statement to Parliament, that the assets of more than 3,600 couples were miscalculated.’

Full story

Family Law Week, 15 February 2016

Source: www.familylawweek.co.uk

Government launches porn site age checks consultation – BBC News

Posted February 17th, 2016 in children, consultations, fines, internet, news, pornography by michael

‘A public consultation over plans to implement age checks on pornography websites has been launched by the UK government.’

Full story

BBC News, 16 February 2016

Source: www.bbc.co.uk

Early guilty pleas: Justice for whom? – UK Human Rights Blog

‘New guidelines incentivising people accused of criminal offences in England and Wales to plead guilty as early as possible were proposed last week. While existing rules allow for a maximum one-third reduction in the sentence to those who plead guilty at the ‘first reasonable opportunity’, this benefit is now only available to those who plead guilty at their very first court hearing, with the available reduction falling on a steeper sliding scale thereafter.’

Full story

UK Human Rights Blog, 15th February 2016

Source: www.ukhumanrightsblog.com

New legal right for shop workers to refuse longer work hours on Sundays – Daily Telegraph

‘Ministers are changing legislation to give councils the power to extend trading hours in their local areas’

Full story

Daily Telegraph, 13th February 2016

Source: www.telegraph.co.uk

HM Courts and Tribunals Service estate – Ministry of Justice

Posted February 12th, 2016 in budgets, civil justice, consultations, courts, criminal justice, news by sally

‘The government is committed to modernising the way in which justice is accessed and delivered. We are investing over £700m over the next 4 years to update the court and tribunal estate, installing modern IT systems and making the justice system more efficient and effective for modern users.’

Full story

Ministry of Justice, 11th February 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

Barristers at risk of being squeezed out of market, regulator warns – Legal Futures

‘Barristers are at risk of being “squeezed out of the market by a declining case load, a surfeit of barristers and increasing competition from both other regulated legal professionals as well as unregulated service providers”, the Bar Standards Board (BSB) has warned.’

Full story

Legal Futures, 8th February 2016

Source: www.legalfutures.co.uk

Crackdown on ‘one third discounts’ for criminals who admit guilt – Daily Telegraph

Posted February 11th, 2016 in consultations, guilty pleas, news, sentencing by sally

‘Offenders will have to plead guilty at the earliest opportunity to secure the biggest discount on their jail sentence under new proposals.’

Full story

Daily Telegraph, 11th February 2016

Source: www.telegraph.co.uk

UK consults on further changes to competition compensation law – OUT-LAW.com

Posted February 1st, 2016 in compensation, competition, consultations, damages, EC law, limitations, news by tracey

‘It will become easier for victims of competition law breaches to claim compensation when the EU Damages Directive comes into force in December.’

Full story

OUT-LAW.com, 29th January 2016

Source: www.out-law.com

UK to push ahead with reforms to rules on unjustified threats on intellectual property rights – OUT-LAW.com

Posted February 1st, 2016 in consultations, copyright, intellectual property, news, patents, trade marks by tracey

‘The UK government is to legislate to bring greater consistency to laws concerning the communications intellectual property (IP) rights holders send to alleged infringers of their rights.’

Full story

OUT-LAW.com, 1st February 2016

Source: www.out-law.com

The Bar regulator publishes responses to the Future Bar Training consultation – Bar Standards Board

Posted February 1st, 2016 in barristers, consultations, legal education, press releases, standards by tracey

‘The Bar Standards Board (BSB) published today the summary of initial responses it received to its consultation launched in the summer of 2015 on the academic, vocational and pupillage requirements to become qualified as a barrister.’

Full press release

Bar Standards Board, 1st February 2016

Source: www.barstandardsboard.org.uk

Who Guards the Guardians? – Family Law Week

‘The Association of Lawyers for Children and the National Association of Guardians ad Litem and Reporting Officers respond to recent guidance given in the Central Family Court on the need for guardians to justify their attendance at care hearings save in specified circumstances.’

Full story

Family Law Week, 31st January 2016

Source: www.familylawweek.co.uk

Reviewing the offence of misconduct in public office – Law Commission

Posted January 29th, 2016 in consultations, Law Commission, misfeasance in public office by tracey

‘What is misconduct? And who is in public office? The existing law that governs misconduct in public office does not provide clear answers to either of these questions, according to the Law Commission.

Today the Law Commission launched a consultation aimed at exploring how the current law is being used and discovering the problems caused in practice by the law’s lack of clarity.’

Full press release

Law Commission, 20th January 2016

Source: www.justice.gov.uk/lawcommission

LSB to encourage comparison websites to enter the law and challenge regulators over practising fees – Legal Futures

‘The Legal Services Board (LSB) is set to make encouraging comparison sites to enter the legal market one of its goals for the next year, along with telling regulators to be clearer about how they spend the profession’s money.’

Full story

Legal Futures, 20th January 2016

Source: www.legalfutures.co.uk

Higher education reform much-needed, but government must take time to get the framework right, says expert – OUT-LAW.com

‘Reforming higher education in England is both long overdue, and vitally needed to protect the sector’s hard-won reputation.’

Full story

OUT-LAW.com, 15th January 2016

Source: www.out-law.com

Government confirms 1 October 2016 date for fixed costs in clinical negligence – Litigation Futures

‘The introduction of fixed recoverable costs (FRC) in clinical negligence cases is still planned for 1 October 2016, the Department of Health has confirmed.’

Full story

Litigation Futures, 14th January 2016

Source: www.litigationfutures.co.uk

Students call on the Bar Council to move Pupillage Gateway timetable – The Bar Council

Posted January 18th, 2016 in barristers, consultations, legal education, press releases, pupillage by tracey

‘Following calls from students and chambers, the Bar Council will be moving the Pupillage Gateway timetable starting in January 2017.’

Full press release

The Bar Council, 18th January 2016

Source: www.barcouncil.org.uk