Headlines – Page 1067
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Wrong reforms
As a junior solicitor (and non-practising barrister) it is sad that I, along with many of my colleagues, have said goodbye to publicly funded work. The law school ideal of helping those in need could not be further from the truth. In a recent care case ...
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Age diversity
I was very interested to see the report on the roundtable discussion on diversity (see 18 March), and disappointed in equal measure – although not particularly surprised – to see no mention of age diversity. When I was at law school, there was a student social ...
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A just god?
Richard Dawkins would make short work of Jonathan Goldsmith’s musings on religion and science (25 March), ruthlessly dismissing the idea that justice exists beyond us as an ‘eternal lamp’. If science is the ultimate explanation, then justice, exactly like law, is a rapidly changing artificial human construct, determined like everything ...
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Pupils in the dock as law comes to life
Imagine the scene: fresh-faced school kids, brows furrowed, wrestling with definitions such as: ‘Appropriation: any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a ...
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Wednesbury shocker
Spring snow prevented Obiter from realising an ambition to visit Wednesbury, home of the eponymous test of a public body’s reasonableness, during a visit to the West Midlands the other week. However, at the annual weekend school run by Lawyers in Local Government we did bump into a genuine Wednesbury ...
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Immigration
Deportation – Decision to deport – Claimant being regarded as high-risk terrorist Othman (aka Abu Qatada) v Secretary of State for the Home Department: Court of Appeal, Civil Division: 27 March 2013 ...
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Judicial review
Public authority – Claimant religious organisation seeking to place advert bearing anti-gay message on London buses Core Issues Trust v Transport for London: Queen's Bench Division, Administrative Court (London): 22 March 2013 ...
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No ABSs in Scotland until ‘end of 2013’
Alternative business structures will not be introduced in Scotland until the end of the year at the earliest. The Scottish government wants more time to review the Law Society of Scotland’s application to be an approved regulator. The Society – the only ...
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MoJ unveils tendering plans for criminal defence
Defendants will lose the right to choose their lawyer and instead be allocated a representative, under government plans to introduce price-competitive tendering (PCT) for criminal defence services. Details of the proposed PCT model were published for consultation today, together with a raft of other measures designed ...
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Take on the Winslow case
In Terence Rattigan’s play The Winslow Boy, the most famous barrister of the day is engaged to clear the name of 14-year old Ronnie Winslow, accused of the theft of a five-shilling postal order. The stain on young Winslow’s character is lifted – but at some cost to his family. ...
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SRA Handbook in force
The seventh version of the Solicitors Regulation Authority Handbook comes in to force this week. Changes include outcomes dealing with the ban on referral fees in personal injury cases, and the removal of rules put forward in the first phase of the SRA’s Red Tape Initiative. ...
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Judiciary urges caution on contempt
Proceedings against publishers and jury members should be the very ‘last measure’ taken where contempt of court is alleged, the judiciary has said in its response to a law commission consultation. The response’s authors, Lord Justice Treacy and Mr Justice Tugendhat, said that any measure likely ...
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Criminal legal aid: what now?
The government’s latest consultation paper on legal aid makes grim reading for any solicitor who undertakes criminal defence work and, indeed, for many providers of other legally aided work. The headlines have majored on the Daily Mail-pleasing stories of taking much prison work out ...
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Expert witness ruling a blow to children, Society warns
Children involved in family law cases will face extra uncertainty following a High Court ruling on the funding of expert witnesses, the Law Society has warned. The Society reacted with disappointment to the ruling that the Legal Aid Agency, formerly the Legal Services Commission (LSC), is ...
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CoA backs Law Society on disbursement liability
Solicitors who help their clients by funding the cost of disbursements should not be liable for costs if a case fails, the Court of Appeal has ruled. The ruling came after an intervention by the Law Society in the case of Flatman v Germany published today ...
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Shadowing a High Court judge
Taking part in the Judicial Work Shadowing Scheme (JWSS), I was to learn, represents a remarkable insight into the workings of the High Court from the judiciary’s perspective. Having arrived at the Royal Courts of Justice, at the Rolls Building, I was greeted by a chancery associate and shown to ...
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Osborne Clarke ups law school rivalry with BPP switch
South-west firm Osborne Clarke has taken the unusual step of announcing that it is moving the training of its future lawyers from the University of Law (formerly the College of Law) to BPP from autumn 2013. The announcement will add to the considerable rivalry between the ...
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Rise in small-claims limit may be good for litigants
When it comes to the small-claims court, all the focus seems to have been on personal injury.
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Barrister loses DIY tax scheme case
A former London tax barrister who designed his own tax avoidance scheme has lost his tribunal appeal against HM Revenue & Customs. He was attempting to avoid paying £190,000 in tax. Rex Bretten QC designed a complex scheme which entailed setting up trusts and investing £500,000 ...
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Lord Sugar’s court victory cue for campaign against employment laws
Business leader Lord Sugar has vowed to fight in the House of Lords against a ‘new wave of claim culture’ after seeing off a claim from a former winner of The Apprentice. Stella English lost her claim for constructive dismissal after a tribunal rejected her argument ...