Headlines – Page 1180
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Justice and Shakespeare
I’m thinking about William Shakespeare today - after all, it is his birthday. I realise that many fellow English-folk are more focused on a Third Century Roman Soldier from the Middle East who never visited our shores but, well - I’ll leave them to their chargrilled dragon vol-au-vents, or however ...
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Time to make for the high ground
Let’s cut to the chase: the best part about conferences is the freebies. Solicitors suddenly turn into scavengers when there’s a free pen or teddy bear in sight, walking away from the venue looking like some wildly unambitious looter. One thing’s for sure, there were be ...
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Brighton: we never sought seismic change, says Grieve
The UK government’s Brighton declaration on the future of Europe’s human rights court never set out to achieve ‘seismic’ change, but was more than mere political window-dressing, attorney general Dominic Grieve told the Gazette this morning. He said that ‘seismic’ change was not required because the ...
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Stating the obvious
Here’s a worthwhile research project: what would you do with £12m? A vineyard in France, with an Aston Martin in the garage? Or would you spend it on a piece of research that concludes, surely to nobody’s surprise, that the law is not the best instrument to settle disputes about ...
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Negligence
Highway - Duty of highway authority AC and others v TR and another: Queen's Bench Division (Mrs Justice Slade DBE): 29 March 2012 In considering the circumstances of a road ...
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Balancing exercise: privacy and press freedom
Lord Grabiner QC is the lawyer you saw sitting in a row of seats behind Rupert Murdoch when the newspaper owner gave evidence to a Commons committee last July and ended up with a custard pie in his face. Grabiner was there because he chairs the management and standards committee ...
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Society proposes five-yearly check on criminal practitioners
The Law Society is seeking views on a plan to bolster its criminal litigation quality standard by reaccrediting solicitors every five years. It has proposed that members of the Criminal Litigation Accreditation Scheme (CLAS) should undergo a regulatory check every five years involving six hours ...
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Concern over police use of interview loophole
The Law Society has raised concerns with the Home Office about police officers denying suspects their right to consult a solicitor. Richard Atkinson, chair of the Society’s criminal law committee, told the Gazette that police are circumventing the Police and Criminal Evidence Act 1984 (PACE) by ...
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Government plans 'could undermine human rights court'
Inflexible government proposals to tackle the backlog of 150,000 cases at the European Court of Human Rights (ECtHR) could undermine the court’s credibility and deny access to justice, the Law Society has warned as an international conference on the court’s future begins today. The proposals, in ...
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Interpreter 'bite' mistake causes trial collapse
A four-day burglary trial at a London Crown court collapsed last week after an interpreter made a mistake translating the defendant’s evidence. The trial at Snaresbrook (pictured) was halted on Friday afternoon after the Romanian language interpreter admitted mistakenly telling the court that the defendant had allegedly been ‘bitten’ rather ...
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Court of Appeal rules in favour of age discrimination claim
The Court of Appeal (CoA) has ruled that a solicitor may bring an age discrimination claim against the firm that dismissed him just 10 days before it appointed a younger and less well-paid solicitor to do a similar job.
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Wotton urges US to accept ABSs
Law Society president John Wotton will today urge the US to embrace the era of alternative business structures.In a speech to the American Bar Association (ABA) in New York, Wotton is expected to speak of the opportunities for solicitors through non-lawyer ownership of firms.
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Solicitors 'refuse to give journalists their names'
A leading court reporting agency says increasing numbers of solicitors are refusing to give their full name to journalists when appearing in court. Guy Toyn, news editor at Central News, told the Gazette that up to one in every 20 solicitors his reporters comes across asks ...
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How long before we end up with a serious miscarriage of justice?
History repeats itself, first as tragedy, second as farce. As professional interpreters continue their de facto strike over the ongoing outsourcing shambles, Marx’s dictum sprang readily to mind. Last week’s collapsed trial at Snaresbrook over the difference in meaning between ‘beaten’ and ‘bitten’ follows an earlier charade at Ipswich where ...
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Colombia overtures obscure deep-rooted human rights issues
by Bryan Nott, partner at Simpson Millar ‘Colombia: isn’t it a bit dicey?’ It is possible that the lawyers Michael Cross spoke with when he visited Colombia showed irritation at that question.
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Care crisis looms without more funds, Society says
The Law Society has warned that greater resources are needed to prevent a crisis in the care system as the number of applications soars to record levels. Annual figures released by the Children and Family Court Advisory and Support Service (Cafcass) show that for the ...
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Ruling highlights ministerial passivity in the face of US aggression
Sometimes you just can’t win - particularly with the Daily Mail. ‘A glimpse of common sense from Strasbourg’ was its headline hailing the government’s victory at the European Court of Human Rights in the case involving both Babar Ahmad and Abu Hamza. The subsequent piece was the usual attack on ...
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The third degree
In the House of Lords recently, a Liberal Democrat peer pointed out that third-party funding used to be ‘both a crime and a civil tort’. But unusually for a practice that was previously considered illegal, third-party funding is now basking in the warm glow of judicial approval; and while the ...
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The scope of legal professional privilege
The question before Mr Justice Akenhead in Walter Lilly & Company Ltd v Mackay and another [2012] EWHC 649 (TCC) was this: does legal professional privilege (LPP) attract to documents produced by a claims consultant, even one which retains legally qualified personnel?