Archive for June 9th, 2008

Bar Council Constitution – The Bar Council

“The Bar Council’s Constitution is under review. The changes are be discussed at the forthcoming Bar Council meeting and at the AGM. For ease of reference, the proposed changes are marked as track changes. Any comments should be submitted to Andrew Hill.”

Proposed changes (Word)

The Bar Council, 9th June 2008

Source: www.barcouncil.org.uk

Legal Services Reform Update – Ministry of Justice

“The Legal Services Act was given Royal Assent on 30 October 2007. The Legal Services Reform Programme was established to oversee the implementation of two of the key proposals in the Act – the establishment of the Legal Services Board and the Office for Legal Complaints.

This update sets out the latest position in the implementation timetable.”

Legal Services Reform Update (PDF)

Ministry of Justice, 9th June 2008

Source: www.justice.gov.uk

Law Reform, Victims and Witnesses Bill – Ministry of Justice

“The Law Reform, Victims and Witnesses Bill aims to deliver a more effective, transparent and responsive justice system for victims, witnesses and the wider public.”

Full story

Ministry of Justice, 9th June 2008

Source: www.justice.gov.uk

BAILII: Recent Decisions

Recent Statutory Instuments – OPSI

Online legal scheme threatens high street – The Lawyer

“Hugh James, Nelsons and Pannone have signed up to a post-Legal Services Act internet trading scheme called MyLawyer.co.uk that could challenge the position of the high street solicitor.”

Full story

The Lawyer, 9th June 2008

Source: www.thelawyer.com

Jill Dando murder: Barry George faces retrial – Daily Telegraph

“A man obsessed with female television celebrities and guns murdered Jill Dando nine years ago, the Old Bailey heard today.”

Full story

Daily Telegraph, 9th June 2008

Source: www.telegraph.co.uk

Ex-employee must disclose online contacts, rules UK court – OUT-LAW.com

“An ex-employee of recruitment firm Hays has been ordered to disclose details of his profile at social networking site LinkedIn. Mark Ions set up a rival agency and is accused of using LinkedIn to steal clients. He says Hays encouraged his use of the site.”

Full story

OUT-LAW.com, 9th June 2008

Source: www.out-law.com

Chairman of the Bar addresses Institute of Barristers’ Clerks – The Bar Council

“The Chairman of the Bar, Tim Dutton QC, has today addressed the Institute of Barristers’ Clerks annual conference, and warned that the Bar must maintain its focus on excellence as it moves into a new era of Alternative Business Structures ushered in by the Legal Services Act 2007.”

Full story

The Bar Council, 7th June 2008

Source: www.barcouncil.org.uk

Address to the Association of Women Barristers’ Annual General Meeting – Speech by the Rt Hon Lady Justice Arden DBE

Address to the Association of Women Barristers’ Annual General Meeting (PDF)

Speech by the Rt Hon Lady Justice Arden DBE

Judiciary of England and Wales, 3rd June 2008

Source: www.judiciary.gov.uk

Recent Statutory Instruments – OPSI

Khan v Commissioner of Police of the Metropolis – WLR Daily

Khan v Commissioner of Police of the Metropolis; [2008] WLR (D) 182

“S 18 of the Police and Criminal Evidence Act 1984 (as amended by s 111, Sch 7, Pt 3 of the Serious Organised Crime and Police Act 2005), which gave the police the power to enter and search a premises occupied or controlled by a person under arrest without a warrant, should be construed literally so that the power could only be used where the premises were, in fact, occupied or controlled by a person who was under arrest.”

WLR Daily, 6th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Governors of the Peabody Trust v Reeve – Times Law Reports

Governors of the Peabody Trust v Reeve

Chancery Division

“A social landlord could not vary its tenancy agreement unilaterally; excluding changes in rent, any variation would need the agreement in writing of both parties.”

The Times, 9th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v C (Mental disorder: Sexual activity) – Times Law Reports

Regina v C (Mental disorder: Sexual activity)

Court of Appeal (Criminal Division)

“The effect of a mental disorder had to be severe before it would have the effect that a person was unable to choose whether to submit to sexual activity. If a complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity.”

The Times, 9th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Briton sues over deportation as failed asylum seeker – The Guardian

“A 30-year-old British citizen with schizophrenia was taken into custody and flown by immigration officers to a foreign country where he had no connections and was allegedly beaten up because he could not speak the language and could not make himself heard.”

Full story

The Guardian, 7th June 2008

Source: www.guardian.co.uk

‘Disaster’ planning law opposed – BBC News

“Environmental groups are campaigning against planning laws they claim will lead to ‘faceless bureaucrats’ taking decisions on major projects.”

Full story

BBC News, 9th June 2008

Source: www.bbc.co.uk

Child Maintenance and Other Payments Act 2008

Child Maintenance and Other Payments Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

High Court pressed for early hearing on Rock shareholders’ battle with Treasury – The Times

“The Government has called for an early hearing of the court case in which Northern Rock shareholders are suing the Treasury over the nationalisation of the bank, The Times has learnt.”

Full story

The Times, 7th June 2008

Source: www.timesonline.co.uk

Revealed: how drugs trade took hold of British prisons – The Guardian

“The government says it’s under control but a devastating new report reveals that a sophisticated new drugs trade is flooding British prisons with record levels of cocaine, cannabis and even heroin. In many cases it’s aided and abetted by corrupt prison guards. Jamie Doward reports.”

Full story

The Guardian, 8th June 2008

Source: www.guardian.co.uk

Almost 70,000 criminal suspects fail to answer bail – Daily Telegraph

“More than 67,000 criminal suspects fail to answer bail every year, new figures have disclosed.”

Full story

Daily Telegraph, 6th June 2008

Source: www.telegraph.co.uk

Reader’s Digest mailshot probed – BBC News

“The Advertising Standards Authority is launching an investigation into a mailshot being sent by the bookselling company, Reader’s Digest.”

Full story

BBC News, 7th June 2008

Source: www.bbc.co.uk

Virgin warns illegal downloaders: stop or face prosecution – The Independent

“The age of illegal music downloads could soon be over. The UK’s largest provider of home broadband is to warn internet users building up vast libraries of music that they could be prosecuted.”

Full story

The Independent, 7th June 2008

Source: www.independent.co.uk

‘Despicable’ delay over 7 July terror payouts – The Guardian

“Scores of victims horrifically injured in the 7 July London bombings are still waiting for full compensation almost three years after the attacks.”

Full story

The Guardian, 8th June 2008

Source: www.guardian.co.uk

Gordon Brown set to lose on 42-day detention – The Times

“Gordon Brown’s chances of avoiding a humiliating defeat in the Commons this week dwindled after he effectively ruled out any more significant changes to proposals to detain terror suspects for 42 days without charge.”

Full story

The Times, 9th June 2008

Source: www.timesonline.co.uk

Solicitor Jim Beresford makes £30m from sick miners’ compensation scheme – The Times

“A solicitor who specialises in claiming compensation for sick coalminers has banked a personal profit of more than £30 million from the government-funded scheme.”

Full story

The Times, 9th June 2008

Source: www.timesonline.co.uk

Fraudsters hack into Home Office website – Daily Telegraph

“Cunning computer hackers have hijacked the Home Office crime reduction website and used it to carry out an elaborate online scam.”

Full story

Daily Telegraph, 8th June 2008

Source: www.telegraph.co.uk

Repossessions swamp free lawyers – BBC News

“Homeowners threatened with repossession are being denied free legal advice because lawyers who provide it are being swamped, says a charity.”

Full story

BBC News, 8th June 2008

Source: www.bbc.co.uk

Mother of barrister’s clerk Lee Cook harangues judge for ‘disgusting’ sentence passed on killer – Daily Telegraph

“The mother of barrister’s clerk Lee Cook, who was killed in a City bar because of a row over a spilt drink, berated a senior judge across a courtroom for the ‘disgusting’ 14-month sentence he passed on the man responsible.”

Full story

Daily Telegraph, 7th June 2008

Source: www.telegraph.co.uk

ID cards could help turn Britain into a surveillance society, warn MPs – The Guardian

“A compulsory national identity card scheme could be used to monitor the movements of British citizens because of the dangers of ‘function creep’, a committee of MPs warned yesterday.”

Full story

The Guardian, 9th June 2008

Source: www.guardian.co.uk

MS sufferer seeks answers over laws on euthanasia – The Independent

“A woman who suffers from a degenerative disease has called for the law on assisted suicide to be clarified so that she can decide when she wants to die.”

Full story

The Independent, 7th June 2008

Source: www.independent.co.uk

Dossier prepared for UN details grim plight of many young people in Britain – The Guardian

“A dossier of abuse of the human rights of children and young people in Britain will be presented to United Nations inspectors today in a joint submission from the four children’s commissioners for England, Scotland, Wales and Northern Ireland.”

Full story

The Guardian, 9th June 2008

Source: www.guardian.co.uk

Ministers promise to rehabilitate young offenders as well as punish them – The Times

“A new approach to youth justice was promised by ministers yesterday in which equal weight would be given to prevention, enforcement and the rehabilitation of young offenders.”

Full story

The Times, 9th June 2008

Source: www.timesonline.co.uk

Straw sacks magistrate who criticised police – The Independent

“Jack Straw was at the centre of a political row last night after he sacked a magistrate who criticised the police for failing to protect her daughter from being physically assaulted at school.”

Full story

The Independent, 8th June 2008

Source: www.independent.co.uk

Signalwoman, Donna McAllister, wins damages over taunts – The Times

“A signalwoman for Network Rail has won more than £100,000 damages after male colleagues put pornographic magazines in her in-tray. Donna McAllister, 44, said that she had a nervous breakdown after she complained about her treatment.”

Full story

The Times, 7th June 2008

Source: www.timesonline.co.uk


 

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