Last 3 months headlines – Page 1307

  • News

    SRA ponders £250m fine limit for firms

    2012-03-30T00:00:00Z

    The Solicitors Regulation Authority is looking to close a loophole that restricts its fining powers for firms other than alternative business structures. The Legal Services Act 2007 allows the SRA to fine ABSs up to £250m, compared with a limit of £2,000 for traditional law firms. ...

  • News

    Integrity in practice

    2012-03-30T00:00:00Z

    Discussion continues on the meaning of outcomes-focused regulation, the implementation of the now not-so-new Handbook and the attitude of the SRA to its enforcement. Much of this concerns the retrospective justification of procedures and, in the context of entity-based regulation, whether a breach that is not ...

  • News

    Committal fee challenge fails

    2012-03-30T00:00:00Z

    The High Court has ruled that the government’s decision to scrap lawyers’ fees for committal proceedings was lawful. Dismissing the judicial review sought by the Law Society, Lord Justice Burnton cited the impact of legal aid fee cuts on lawyers. 'No one ...

  • News

    Tax

    2012-03-29T00:00:00Z

    Dividends - Deduction of tax - Taxpayer company self-assessing corporation tax for relevant accounting period First Nationwide v Revenue and Customs Commissioners: Court of Appeal, Civil Division (Lords Justice Rix, Moses and Mr Justice Briggs): 13 March 2012 ...

  • News

    Criminal

    2012-03-29T00:00:00Z

    Appeal - Perverting the course of justice R v A: Court of Appeal, Criminal Division (Lord Judge, Mr Justice Silber and Mr Justice Maddison): 13 March 2012 The Court of ...

  • News

    Criminal

    2012-03-29T00:00:00Z

    Appeal - Fraud - Defendant solicitor acting for both purchasers of properties and mortgagor building society R v Cornelius: Court of Appeal, Criminal Division (Sir Anthony May P, Lords Justice Hughes and Lewison, Mr Justice Dobbs and Underhill): 14 ...

  • News

    Criminal

    2012-03-29T00:00:00Z

    Sentence - Imprisonment - Length of sentence R v Wilson: Court of Appeal, Criminal Division (Lord Judge, Mr Justice Silber and Maddison): 14 February 2012 The Court of Appeal, Criminal ...

  • News

    Civil procedure

    2012-03-29T00:00:00Z

    Practice - Striking out - Claimant bringing claim for damages and permanent non-disclosure injunction Giggs (previously known as CTB) v News Group Newspapers Ltd and another: Queen's Bench Division (Mr Justice Tugendhat): 2 March 2012 ...

  • News

    What do you know about the European Ombudsman?

    2012-03-29T00:00:00Z

    In a pretty park in the European quarter of Brussels is situated the local base of an institution that should be better known to lawyers, since it can provide recourse to clients. The world may be filling up with ombudsmen, but the granddaddy of them all (in European terms) is ...

  • News

    Immigration

    2012-03-29T00:00:00Z

    Appeal - Evidence - Use of linguistic analysis reports RB (Somalia) v Secretary of State for the Home Department: Court of Appeal, Civil Division (Lords Justice Rix, Moses and Mr Justice Briggs): 13 March 2012 ...

  • News

    Pro bono: are lawyers leading the way?

    2012-03-29T00:00:00Z

    Working at the National Pro Bono Centre I get to observe a large portion of the organised pro bono activities undertaken by members of the legal profession. One of the first things that struck me when I started working as a caseworker at LawWorks was the scale of the volunteer ...

  • News

    Immigration

    2012-03-29T00:00:00Z

    Asylum seeker - Child - Best interests of child HK (Afghanistan) and others (by their litigation friend) v Secretary of State for the Home Department: Court of Appeal, Civil Division (Lords Justice Pill, Rimer and Elias): 16 March 2012 ...

  • News

    Don’t bank on loyalty

    2012-03-29T00:00:00Z

    My firm, along with thousands of others, is no longer on the HSBC panel. As a result of the ludicrous volume of enquiries being raised by the bank’s preferred lawyers for this area in a case I am currently involved in, and because of the unrealistic and unworkable undertakings which ...

  • News

    No to HSBC

    2012-03-29T00:00:00Z

    Having received the 13 pages of instructions from Countrywide Conveyancing Services in connection with a HSBC mortgage it is providing to my purchasing clients, it is obvious that this new procedure is doubling the work for conveyancing solicitors not on the HSBC panel while leaving all the liability and risk ...

  • News

    Child abduction

    2012-03-29T00:00:00Z

    Removal outside jurisdiction - Return order - British mother returning from Australia to UK with child Re S (a child) (international abduction: subjective fear of risk): SC (Justices of the Supreme Court Lords Phillips (president), Mance, Kerr, Wilson, Lady ...

  • News

    Criminal law

    2012-03-29T00:00:00Z

    Human rights - Suicide - Liability for complicity in another’s suicide - Claimant being paralysed Nicklinson v Ministry of Justice: QBD (Mr Justice Charles): 12 March 2012 The claimant was ...

  • News

    Recovering costs where both parties have succeeded in some of their arguments

    2012-03-29T00:00:00Z

    Even though a party may succeed in obtaining a judgment in its favour, the unsuccessful party may have succeeded in defeating some of the successful party’s arguments. The questions which arise in such a scenario are: which party should be awarded its costs? If the successful party is awarded its ...

  • News

    Legal training: the best routes to becoming a lawyer

    2012-03-29T00:00:00Z

    Abolishing the concept of the qualifying law degree, more common training for prospective lawyers, replacing the training contract with ‘supervised practice’ and sector-wide CPD – just some of the ‘more radical’ ideas being considered by the profession-wide Legal Education and Training Review (LETR). But just ...

  • News

    Something not right about guideline for either-way offences

    2012-03-29T00:00:00Z

    Does anyone else smell a rat? A new allocation guideline for either-way offences was published earlier this month by the Sentencing Guidelines Council which comes into force on 11 June. Within the guideline it states: ‘It is important to ensure that all cases are tried at the appropriate level. In ...

  • News

    Smily, unhappy people

    2012-03-29T00:00:00Z

    Being ‘disappointed’ and having people ‘fail to heed’ us is something Obiter can fairly reliably get at home. But, thanks to last week’s budget, we know we are not alone. Starting on Wednesday and on into Thursday, Obiter’s BlackBerry was fairly buzzing with the ups and downs being enjoyed by ...