Archive for September, 2007

BAILII: Recent Decisions

Recent Statutory Instruments - OPSI

Inmates ‘forcibly strip-searched’ - BBC News

“Young offenders are being forcibly strip searched according to a report by prison inspectors.”

Full story

BBC News, 27th September 2007

Source: www.bbc.co.uk  

Diana inquest process begins at High Court - The Times

“The process of selecting the jury for the Diana, Princess of Wales, inquest got under way today as up to 200 potential jurors filed into the High Court.”

Full story

The Times, 27th September 2007

Source: www.timesonline.co.uk

Should judges face appraisals? - The Times

“Many professionals - including City law firm partners - now face performance assessments by their peers. Some judges think they should have them, too.”

Full story

The Times, 27th September 2007

Source: www.timesonline.co.uk

Expanded Highway Code tells learners to drive with courtesy - The Independent

“For the first time in eight years an updated version of the Highway Code has been released, with 133 pages to cover 29 new road rules and a plethora of safety tips.”

Full story

The Independent, 28th September 2007

Source: www.independent.co.uk

‘Disaster area’ prison and probation agency to be scrapped in weeks - The Guardian

“The government’s troubled £2.6bn programme to manage convicted criminals in order to cut reoffending rates is to be scrapped within weeks, the Guardian has learned.”

Full story

The Guardian, 28th September 2007

Source: www.guardian.co.uk

Warnings over probation shortages - BBC News

“Thousands of people are not completing their Community Service Orders because of staff shortages within the Probation Service, a union says.”

Full story

BBC News, 27th September 2007

Source: www.bbc.co.uk

New powers to stop gun and knife violence - Home Office

“A range of tough new powers to fight gun and knife crime take effect this week.”

Full story

Home Office press release, 27th September 2007

Source: www.homeoffice.gov.uk

Warning signals - Law Society’s Gazette

“The future of legal aid remains under threat unless the government changes its stubborn approach to reforms and, as Alan Beith tells Rupert White, carefully rethinks its policies.”

Full story

Law Society’s Gazette, 27th September 2007

Source: www.lawgazette.co.uk

The Bar Standards Board (BSB) has criticised government plans to introduce a ‘potentially costly’ quality assurance scheme for publicly-funded criminal defence work - Law Society’s Gazette

“The Bar Standards Board (BSB) has criticised government plans to introduce a ‘potentially costly’ quality assurance scheme for publicly-funded criminal defence work.”

Full story

Law Society’s Gazette, 27th September 2007

Source: www.lawgazette.co.uk

Reforms spell ‘disaster’ - Law Society’s Gazette

“Proposed reforms to criminal defence legal aid contracts risk ‘pushing the defence service towards disaster’ and should be resisted ‘to the end’, Roger Peach, the president of the Criminal Defence Solicitors’ Union has warned.”

Full story

Law Society’s Gazette, 27th September 2007

Source: www.lawgazette.co.uk

Top job at US law firm for Goldsmith - The Times

“The former Attorney-General, Lord Goldsmith, QC, is joining a top American law firm today to lead its European litigation practice.”

Full story

The Times, 27th September 2007

Source: www.timesonline.co.uk

GMTV hit with biggest-ever fine over competition deception - OUT-LAW.com

“Media regulator Ofcom has fined broadcaster GMTV £2 million over its misconduct in viewer competitions over a four year period. It is the highest fine ever issued to a broadcaster by Ofcom, which said that up to 25 million people may have been cheated.”

Full story

OUT-LAW.com, 26th September 2007

Source: www.out-law.com

BC Bar Standards Board Voices Doubts Over Government’s Plans For Quality Assurance in Criminal Defence Work - The Bar Council

“The Board agreed its response to the Ministry of Justice and the Legal Services Commission’s June consultation paper at its meeting last week.”

Full story

The Bar Council, 26th September 2007

Source: www.barcouncil.org.uk

Daily Telegraph Law Reports, 27th September 2007

Public Protection, Proportionality and the Search for Balance - Ministry of Justice

“This report examines how courts in the UK and Europe respond when human rights and security appear to conflict. It compares cases from the UK, France, Germany, Spain, and the European Court of Human Rights, and examines how human rights are applied and how courts use the concept of proportionality to mediate conflicts between rights and security.”

Full story

Ministry of Justice, 27th September 2007

Source: www.justice.gov.uk  

Top judge issues warning as radical cost budgeting looms - Legal Week

“A senior costs judge has warned law firms that they may soon have to set out their costs at the outset of cases as part of a radical clampdown on escalating fees.”

Full story

Legal Week, 27th September 2007

Source: www.legalweek.com

Victim letter delays criticised - BBC News

“Prosecution lawyers have been criticised for failing to inform crime victims when charges against a suspect are dropped or changed.”

Full story

BBC News, 26th September 2007

Source: www.bbc.co.uk

Petition to evict travellers ‘breaks race laws’ - Daily Telegraph

“A race relations group is taking legal action against a businessman who started a petition calling for the eviction of travellers from a car park.”

Full story

Daily Telegraph, 27th September 2007

Source: www.telegraph.co.uk

Asylum seeker launches Aids test case - The Guardian

“An asylum seeker with Aids who claims it would amount to inhuman or degrading treatment to send her home to Uganda will take a test case to the 17-judge grand chamber of the European court of human rights in Strasbourg today.”

Full story

The Guardian, 26th September 2007

Source: www.guardian.co.uk

Barristers facing disciplinary action to be named online - The Times

“Barristers facing disciplinary charges will for the first time have the details published on a website, it was announced yesterday.”

Full story

The Times, 26th September 2007

Source: www.timesonline.co.uk

Straw promises greater legal protection for ‘have-a-go-heroes’ - The Independent

“Greater protection from prosecution will be offered to “have-a-go heroes” under plans to strengthen the law on self-defence to be announced today.”

Full story

The Independent, 27th September 2007

Source: www.independent.co.uk

In-house lawyers call for flexible billing arrangements - The Times

“In-house lawyers are willing to pay higher legal fees for top-value advice but only if they can save costs on routine work, a new survey shows.”

Full story

The Times, 26th September 2007

Source: www.timesonline.co.uk

Guideline Judgments Case Compendium – dangerous offender provisions - Sentencing Guidelines Council

“On Friday 21st September 2007, the Sentencing Guidelines Council published an addendum to the Compendium of Court of Appeal Guidelines. This relates to the dangerous offender provisions and brings together key judgments, setting them in the context of the statutory provisions; the document also contains two flow charts to help in ensuring that the proper stages are followed in the decision making process.”

Dangerous Offenders - Guide for Sentencers and Practitioners (PDF)

Sentencing Guidelines Council, 21st September 2007 

Source: www.sentencing-guidelines.gov.uk

Nationwide seeks £20m in law firm court case - The Times

“Nationwide, the building society, is suing Eversheds, one of the country’s largest law firms, for more than £20 million, claiming that it was given negligent advice on an allegedly fraudulent property deal.”

Full story

The Times, 26th September 2007

Source: www.timesonline.co.uk

Crowded jails ‘threaten public’ - BBC News

“Overcrowded jails are presenting a threat to the public, the Chief Inspector of Prisons has told the BBC.”

Full story

BBC News, 26th September 2007

Source: www.bbc.co.uk

Pensioner given Asbo for loud Vera Lynn music - Daily Telegraph

“A patriotic pensioner has been given an Asbo for playing his Vera Lynn records too loudly.”

Full story

Daily Telegraph, 26th September 2007

Source: www.telegraph.co.uk

Suspects get drink advice in cell - BBC News

“Alcohol support workers have been allowed to interview suspects in police cells in a bid to combat binge drinking and alcohol-related crime.”

Full story

BBC News, 26th September 2007

Source: www.bbc.co.uk

DNA link in 1975 murders - The Guardian

“Two high-profile murders of young women which took place more than 30 years ago have been linked by DNA evidence. Scotland Yard are hoping that the link could lead to the solving of the murders of a Playboy bunny and a schoolgirl.”

Full story

The Guardian, 26th September 2007

Source: www.guardian.co.uk

Charges possible in missing Genette Tate case - Daily Telegraph

“Charges could finally be brought in the case of Genette Tate, the newspaper girl who disappeared on her delivery round 29 years ago.”

Full story

Daily Telegraph, 26th September 2007

Source: www.telegraph.co.uk

The Companies Act: the longest piece of legislation ever - The Times

“The Government’s aim is to simplify company law and make it easier to understand, especially for small businesses – yet it is the longest piece of legislation passed by Parliament since it was established by Oliver Cromwell in the 17th century. Eight years in the making, the Act runs to 1,300 sections and 701 pages.”

Full story

The Times, 25th September 2007

Source: www.timesonline.co.uk

Seized ‘art porn’ owned by Sir Elton John - Daily Telegraph

“A photograph by a controversial American artist which is part of Sir Elton John’s private collection has been seized by police from a gallery on suspicion it may have breached child pornography laws.”

Full story

Daily Telegraph, 25th September 2007

Source: www.telegraph.co.uk

The Companies Act: timetable for introduction - The Times

“A number of parts of the Act are already in force. Put on the statute book on November 8, 2006, it is being introduced in stages over two years. The Government intends that it will be fully in force by October 2008.”

Full story

The Times, 25th September 2007

Source: www.timesonline.co.uk

Recent Statutory Instruments - OPSI

Vos calls for greater access to the profession - Bar Council

“Chairman of the Bar Council, Geoffrey Vos QC has called for greater access to the Bar and has encouraged politicians to continue to recognise the importance of social mobility.”

Press release

Bar Council, 24th September 2007

Source: www.barcouncil.org.uk

Channel 4 vindicated over Diana documentary - Daily Telegraph

“The media watchdog has upheld Channel 4’s decision to show a controversial documentary about the death of Diana, Princess of Wales.”

Full story

Daily Telegraph, 25th September 2007

Source: www.telegraph.co.uk

Brown “may reverse drinking laws” - BBC News

“Gordon Brown has said he could overturn the recent law allowing pubs in England and Wales to open 24 hours a day.”

Full story

BBC News, 24th September 2007

Source: www.bbc.co.uk

Art exhibit in child porn probe - BBC news

“Police have seized an exhibit at the Baltic modern art gallery on Tyneside on the grounds it may have breached child pornography laws.”

Full story

BBC News, 24th September 2007

Source: www.bbc.co.uk

Record fine for TV phone-in firm - The Guardian

“The ‘reckless’ premium rate phone services company that swindled GMTV viewers out of more than £20m over almost four years was yesterday hit with the biggest fine imposed by regulators.”

Full story

The Guardian, 25th September 2007

Source: www.guardian.co.uk

Ministers drop plan for experts to brief rape juries - The Guardian

“The government is to abandon a controversial proposal to use expert witnesses to brief juries on the ‘myths’  surrounding rape after judges warned the plan could lead to miscarriages of justice, the Guardian has learned.”

Full story

The Guardian, 25th September 2007

Source: www.guardian.co.uk

Guerrilla artist Banksy caught up in eBay fraud - The Guardian

“Banksy, the mysterious graffiti artist who has gone from underground street phenomenon to darling of collectors including Brad Pitt and Angelina Jolie, has been embroiled in an eBay scandal.”

Full story

The Guardian, 25th September 2007

Source: www.guardian.co.uk

Porsche driver clocked at 172mph is jailed - The Times

“A motorist caught travelling at 172mph on an Oxfordshire dual carriageway has been jailed for ten weeks.”

Full story

The Times, 25th September 2007

Source: www.timesonline.co.uk

Bar Standards Board ups pay-outs for consumers whose complaints about barristers are upheld - Bar Standards Board

“Consumers can now get us much as £15,000 in compensation if their barrister lets them down. The increase in the compensation limit for ‘inadequate professional services’, up from £5,000, was approved by the independent Bar Standards Board at its meeting yesterday.”

Press release

Bar Standards Board, 24th September 2007

Source: www.barstandardsboard.org.uk

Cancer patient sues the Halifax for harassment after 762 calls about loan - The Times

“A lung cancer patient has gone to court to stop his bank contacting him about repayment of a loan after he was called 762 times in ten months.”

Full story

The Times, 25th September 2007

Source: www.timesonline.co.uk

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