Headlines – Page 1607
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News
A model campaign
Your last edition rightly concentrated on the government’s proposals to (mostly not) change the system for claims for personal injury, housing etcetera (see [2008] Gazette, 24 July, 1). You framed much of your coverage in terms of the winners and losers – the government, the unions, insurers – essentially asking ...
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Who should safeguard equality?
Whose job is it to make sure that the legal profession is not institutionally racist or sexist? It is an awkward question, but one that needs to be addressed urgently. There are, undeniably, serious issues to be tackled, not least because the majority of new entrants ...
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Protecting a valuable species
The Court of Protection must address the ‘catastrophic impact’ of the Mental Capacity Act on visitors. Court of Protection (CoP) appointed deputies, managing the affairs of those who lack mental capacity, and receivers (pre-Mental Capacity Act 2005), benefited substantially over the years from the wisdom and ...
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Barking eyes new legal markets
Local government will take a further step towards entering the open legal services market this week when the London Borough of Barking & Dagenham announces the reorganisation of its legal team along private sector lines. The council has lured three senior ‘partners’ from neighbouring authorities: ...
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Automatic higher rights plan 'threat to standards'
Proposals to give solicitors automatic rights of audience in all courts undermine consumer interest and will enable barristers to market themselves as superior advocates, the chairman of the Bar Council has told the Gazette. Tim Dutton QC said the proposals to end the current requirement for ...
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Indian niche firms pique UK/US interest
Indian lawyers are leaving traditional family firms in increasing numbers to set up niche corporate operations – which are then being courted by UK and US firms, new research has shown. UK and US firms are keen to form ties ahead of the Indian legal market ...
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Planning Bill under fire
Two key parts of the government’s planning reforms have come under attack from environmental law experts this week. Members of the UK Environmental Law Association’s (UKELA) planning and sustainable development working party described some provisions of the Planning Bill – which has been delayed in ...
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'Quotas undermine diversity'
Intense competition between firms eager to demonstrate their diversity credentials and the use of quotas to measure recruitment of black and minority ethnic (BME) staff only serve to undermine equality, Stuart Popham, senior partner at magic circle firm Clifford Chance, has warned. Popham claimed the trend ...
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RICS drops Quinn from PII list
Quinn Insurance, which provides lawyers with professional indemnity insurance (PII), has been removed from the preferred PII list of the Royal Institute of Chartered Surveyors (RICS), the Gazette has learned. RICS, whose preferred insurer list mirrors the lawyers’ preferred insurer pool, removed Quinn after it withdrew ...
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'Shoddy' phone advice for bail defendants
The telephone advice service for people detained by police on less serious offences is giving a ‘shoddy service’ to some defendants arrested in breach of bail terms, a leading criminal lawyer has claimed. Rodney Warren, director of the Criminal Law Solicitors Association, said practitioners were beginning ...
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Changes in dentistry prompt hike in negligence claims
The decline in NHS dentistry and an increase in cosmetic dental treatment have led to an surge in negligence claims referred to solicitors, practitioners have told the Gazette. Simon Elliman, head of clinical negligence at regional firm Withy King, said the department has seen more enquiries ...
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Starmer sets out CPS brief
Ensuring the Crown Prosecution Service (CPS) has the public’s full confidence will be top of the newly appointed Director of Public Prosecutions’ (DPP) to-do list, Keir Starmer QC has told the Gazette.
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Alcohol test for care cases
A new rapid call-out service to test for evidence of alcohol abuse by parents might be used to speed up the launch of child care proceedings, its manufacturers claim. Trimega Laboratories says hair samples will be taken within 90 minutes of an initial request. Test results, ...
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Lawyer hits out at Red Cross confidentiality
A leading human rights lawyer has condemned the Red Cross’s confidentiality policy as ‘colluding in the secrecy’ of regimes that torture and breach the rule of law, and called for its charitable status to be questioned.
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Equality under the law: a fairer future?
It is the lot of every solicitor that there will be a specific dinner party question that folk cannot resist asking. That question will be specific to each area of law and will usually be raised over the After Eights as if for the first time ever.
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Criminal law
Aiding and abetting – Dissemination of terrorist publications – Intention – Mitigation – Sentencing guidelines R v (1) Abdul Rahman (2) Bilal Mohammed: CA (Crim Div) (Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Goldring, Mr Justice Plender): 8 July 2008
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Intellectual property
Pharmaceuticals – European patents – Incentive step – Prior art Conor Medsystems Inc v (1) Angiotech Pharmaceuticals Inc (2) British Columbia University: HL (Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Neuberger of Abbotsbury): 9 July 2008
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Can the new Equality Bill work?
A new Equality Bill will create a ‘step change’ in workplace opportunities by tackling discrimination, ministers insist. But are the proposals workable? It is less than two years since the Employment Equality (Age) Regulations were introduced to protect workers against age discrimination. But age discrimination, along ...
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Damage limitation
New York has moved to protect local media from England’s ‘asphyxiating’ defamation laws The Libel Terrorism Protection Act is the formal ‘short title’ of legislation recently passed in the State of New York. Its purpose, in the words of an accompanying note, is to protect ‘New ...