All Law Gazette articles in Archive – Page 1443
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News
Correction
Our News Focus of 7 April contained the statement: ‘Unlike Jackson, Kenneth Clarke does use figures.’ We are happy to make clear that Lord Justice Jackson’s report included extensive figures in support of its recommendations. We apologise if this sentence ...
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Giving greater influence to victims could prove dangerous for justice
Of all the various parties involved in the criminal justice system, ‘the victim’ has always had a pretty raw deal. Not only was he or she unfortunate enough to have a crime committed against them in the first place, but they then become entangled in ...
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Law firms in the dark over Quinn PII payments
Law firms that took out professional indemnity insurance (PII) policies with stricken Irish company Quinn Insurance are still in the dark about when claims will be paid.
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Will Darts miss target?
Traditionalist Obiter was saddened to learn this week that court stenographers are to be the latest victim of advances in technology. The Ministry of Justice has revealed that stenographers will be phased out in courts next year in favour of a new system known as ...
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Presumption of death; intestacy and polygamous marriages
There have been some rather unusual recent cases that invite comment. In Bayes-Walker and another v Bayes-Walker and others [2010] EWHC 3142 (Ch) the High Court made a declaration that a missing RAF sergeant was to be presumed dead for the purposes of rights to a ...
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Police officers give evidence via video link pilot scheme
Police officers are giving evidence to court via a live video link from the police station, under a scheme being piloted by the Ministry of Justice. The scheme is currently being tested between South Norwood Police Station in London and Croydon Magistrates’ Court, and will ...
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Financial regulation
Financial Services Authority - Payment protection insurance - Financial Ombudsman R (on the application of British Bankers Association) (Claimant) v (1) Financial Services Authority (2) Financial Ombudsman Service (Defendants) and Nemo Personal Finance Ltd (Interested Party): QBD (Admin) (Mr ...
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It's a frame up
Many law firms like to make a show of putting a nice piece of art on the wall, in an attempt to look highbrow. But it’s fair to say Sussex firm Burt Brill & Cardens has paid more than lip service to the local arts ...
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Moral high ground?
In 2011, it is frankly crazy for Andrea Minichiello Williams to be making statements such as ‘without Christianity, there can be no morality’ and ‘law cannot be divorced from Christianity’. Furthermore, it is offensive to suggest that secularism is a variant of fascism, as Ms ...
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Legal grounds for intervention in Libya?
In the midst of rapid developments at the diplomatic and military level concerning the Gaddafi regime, it is important to remember that Libya is no stranger to UN sanctions or bombing by NATO member state warplanes. On 15 April 1986, in purported retaliation for alleged ...
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High Society
Later this month the erstwhile chief executive of the Bar Council, David Hobart, takes up his new role as chief executive of the City of London Law Society. The Society may not have realised that it is gaining not only a former bar bigwig, and ...
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Intellectual Property
Media and entertainment - Information technology - European Union R (on the application of (1) British Telecommunications Plc (2) Talktalk Telecom Group Plc) (Claimants) v Secretary of State for Business, Innovation and Skills (Defendant) and BPI (British Recorded Music ...
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A law unto itself
I fully endorse the comments of Michael Freeman, regarding the county court system failure in London. Under the Civil Procedure Rules, trial dates are supposed to be sacrosanct, yet my day-long case scheduled for the end of April was cancelled, causing additional expense and anxiety for ...
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Stop the slaughter
Like many others, I am concerned about the government’s proposals on civil litigation costs. But I felt your call to arms, Join clients in the fight – Slaughter to be a step too far. Perhaps we should try negotiating first? ...
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Barnardo’s issues warning over asbo repeal
A leading children’s charity this week warned of the dangers of government plans to repeal the anti-social behaviour order (asbo). The Home Office is currently consulting on its ‘More Effective Responses to Anti-Social Behaviour’ policy, which aims to give the police, courts and the community extra ...
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Charging powers passed from CPS to police
The power to decide charges for those suspected of crimes will be passed from the Crown Prosecution Service to the police under plans announced by the home secretary today, in what she called a ‘radical leap forward for policing’. Theresa May said the Home Office will ...
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Two new insurers set to enter solicitors’ PII market
Two new, A-rated insurers are poised to enter the professional indemnity insurance market, adding much-needed volume to a market that is again expected to be tough this year. Leading broker Richard Brown told the Sole Practitioners Conference in Harrogate yesterday that he is ‘90% of the ...