Last 3 months headlines – Page 1493
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Court strikes out filesharing actions
The Patents County Court struck out 27 alleged unlawful filesharing actions brought by London firm ACS:Law on behalf of its clients Media CAT yesterday. His Honour Judge Birss is now considering how much ACS:Law and Media CAT should pay in wasted costs, after accepting the submission ...
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Law firms will need to get better at collaboration
There are many indications that the legal economy will continue to face a difficult year, with many managing partners predicting stagnation or worse. The picture from general counsel and heads of legal confirms this picture – their budgets show no increase is planned, and that some of that spend will ...
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Televise Supreme and Appeal Court hearings, says Neuberger
Some court hearings should be televised to increase public confidence in the justice system, the master of the rolls said this week. Giving the Judicial Studies Board annual lecture, Lord Neuberger suggested Supreme Court hearings and some Court of Appeal hearings should be televised on an ...
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Government publishes Defamation Bill
The Law Society has welcomed the debate over libel law reform following publication of the government’s draft Defamation Bill today. The bill, which is intended to bring libel law up-to-date, includes a new ‘public interest’ defence, and introduces the requirement for claimants to demonstrate ‘substantial ...
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Family law
Civil evidence – Local government – Care proceedings H v City & County Of Swansea & Ors: CA (Civ Div) (Lady Justice Arden, Lords Justices Black, Richards): 2 March 2011 ...
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Immigration
Administrative law – Asylum seekers – Judicial review R (on the application Of MN (Tanzania)) v Secretary of State for the Home Department: CA (Civ Div) (Lords Justices Kay, Moses, Sullivan): 4 March 2011 ...
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UK Border Agency and proposals to change immigration rules
On 16 February, the UK Border Agency (UKBA) released a Statement of Intent detailing proposals to change the eligibility criteria for the Points-Based System (PBS) Tier 2 migrants and the operation of permanent limits on certain Tier 2 applications. Additionally proposals to change the criteria ...
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No escaping justice
When judges are in the news, it is normally because of some judicial pronouncement that has failed to find favour in certain quarters. So Obiter was stunned last week to learn of two judges thrust into the limelight because of a rather more animated set of events in the courtroom. ...
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Polishing the angels
When I tell people I am writing about organised crime down under, they often say ‘I didn’t know there was any’, writes James Morton. Oh, but there is. A big gangland war in Melbourne is coming to an end, mainly because there is only one man left standing. In the ...
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Damned statistics
Hard-pressed Obiter knows what it’s like to be busy-busy-busy, so has full sympathy for the Ministry of Justice’s 31 press office staff, none of whom quite had the time to spread news of the 2010 civil service staff survey results when they were made ‘public’ at the end of January. ...
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Giving a toss
Staff at Keelys in Lichfield will stop at nothing to get a mention in Obiter, even if it means dressing up as Snow White and the (three) dwarves and taking part in the annual Lichfield pancake race. Those lawyers have some flipping nerve.
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Grown-up debate on mediation
Mediation is not an alternative to litigation, though it has a place in the whole process. Mediators make all sorts of claims for mediation – that it is cheaper, quicker and better than litigation. Where is the research evidence for this? Collaborative ...
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Taking offence at the aggressive LSC
Solicitors who allege that their clients are suffering ‘aggressive enforcement’ by the Legal Services Commission’s debt collectors should refer to section 40 of the Administration of Justice Act 1970. A person commits an offence if, with the object of coercing another person to pay money claimed, they harass him with ...
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‘Head in the sand’ approach is costly
I find the Legal Services Commission’s assertions that defendants have been assessed as able to pay and that delays are caused by forms having to be returned disingenuous. Just because the LSC has assessed that defendants should contribute 90% of their income does not mean ...
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Solicitors warned about website clones
Lawyers are being warned by the Solicitors Regulation Authority to keep a regular watch on their websites in order to foil 'cloning' criminals. With just minor changes to a solicitor’s website – such as an almost unnoticeable change of name or contact details – internet fraudsters ...
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New sentencing guidance for assault
The Sentencing Council has today published new guidance to judges and magistrates for assault offences. It aims to ensure a more consistent and proportionate approach to sentencing, with offenders receiving a sentence that reflects the harm they have caused to their victim and their culpability. ...
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Labour gains
Lamentable though it is that women are not remunerated equally with men in the legal profession, I fear the reason for the indefatigable ‘gender gap’ is one of nature and economics rather than any sinister motive.
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Making our voices heard on legal aid
As we await the government’s response to submissions received on its legal aid green paper, I would like to express my thanks to all of you who took the time to write to government to express your views on this important issue. I know that not ...
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Politicians need to stop showboating over Europe
Sir Alex Ferguson should stop complaining about referees: David Cameron should shut up about judges. Attacking them rarely pays dividends in the long run. Look at the fate of David Blunkett. The populist politician who took on Lord Woolf is pretty much forgotten. His onetime ...
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How chief constables' independence could be jeopardised
by Fraser Sampson, chief executive and solicitor at the West Yorkshire Police Authority In the exercise of their powers the police are answerable to the law and the law alone. So held Lord Denning in R v Metropolitan Police Commissioner, ex parte Blackburn. Since then the ...





















