Last 3 months headlines – Page 1406
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The Bellfield trial and a counsel of caution
The fallout from the trial of Milly Dowler’s murderer has proved discomfiting for defence lawyers. Defence barrister Jeffrey Samuels QC has been vilified in the press for his questioning of Milly’s father and has apparently been sent threatening emails. The ...
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Commons committee fires warning on clinical negligence funding reforms
The House of Commons health committee has warned that government proposals to change the funding of clinical negligence cases could undermine access to justice and reduce compensation for some of the most seriously injured or disabled claimants. In a report published today, the committee, chaired by ...
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Abandonment - a growing concern
Why are we seeing such an increase in the situations where partners in law firms are just giving up their practice and simply closing the doors? These are predominately partners rather than LLP members but the fundamental issues are equally applicable to members of ...
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Legal news round-up from Europe
Last week, I wrote about developments in France. But there are changes of interest for lawyers taking place in other European countries, too. Poland seems to be having the hardest time. There is currently an Act ...
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Insolvency litigation funding
Insolvency practitioners (IPs) represent a sector of the litigation community that has been largely overlooked by Lord Justice Jackson and the Ministry of Justice through its endorsement to the proposed changes to eradicate recoverability of success fees and premiums. Critics argue the blindsided attention ...
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New rules on giving evidence aimed at protecting vulnerable
New laws designed to make it easier for children and vulnerable people to give evidence in court came into force today. The changes, contained in amendments to the Youth Justice and Criminal Evidence Act 1999, provide a range of special measures which the court can direct ...
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We did listen on legal aid, Djanogly insists – but Law Society’s Lee vows to fight on ‘every clause’
Jonathan Djanogly has insisted that the government took full account of thousands of hostile responses to the government’s controversial proposals on legal aid and the Jackson reforms of civil litigation costs. However, the justice minister confirmed that the legislation published earlier this week is to ...
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Watchdog highlights ‘imbalance of power’ between consumers and lawyers
Consumers have benefited from the first four years of the Legal Services Act, but there remains an ‘imbalance of power’ which acts to their detriment in dealing with lawyers. So says the first consumer impact report by watchdog the Legal Services Consumer Panel, published today. ...
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Fast-track for second reading of legal aid and sentencing bill condemned
Lawyers and MPs have expressed outrage at the government’s attempt to fast track the Legal Aid, Sentencing and Punishment of Offenders Bill through Parliament. Following the first reading of the bill on Tuesday 21 June, it was confirmed this week that the second reading will be ...
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British businesses buried by European legal avalanche
Businesses are struggling to keep abreast of the hundreds of new laws published last year by the European Union. Legal information provider Sweet & Maxwell says 806 new laws impacting the UK were created in 2010. The majority of those were made ...
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Firms failing on client needs, study reports
Law firms are failing to understand their clients’ needs, creating a significant expectations gap, a study has found. DLA Piper joint chief executive Sir Nigel Knowles said the findings should serve as a ‘call to arms’ to practices to improve in this regard. ...
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Government set to press ahead with legal aid cuts and Jackson reforms
The Law Society and legal profession this week vowed to continue campaigning against the government’s legal aid cuts, following publication of the Legal Aid, Sentencing and Punishment of Offenders Bill by justice secretary Kenneth Clarke. The bill, issued as the Gazette went to press, confirmed the ...
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Mental health
Persons who lack capacity – Deprivation of liberty – Mental Capacity Act Hillingdon London Borough Council v Neary and others: (Court of Protection) Mr Justice Jackson: 9 June 2011 The ...
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Conflict of laws
Jurisdiction – Challenge to jurisdiction – Contract between parties AES Ust-Kamenogorsk Hydropower Plant LLC v Ust-Kamenogorsk Hydropower Plant JSC: CA (Civ Div) Lord Justices Rix, Wilson and Stanley Burnton: 27 May 2011 ...
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Justice served cold
On 3 April 1759 Eugene Aram (pictured), a schoolmaster from Knaresborough in Yorkshire, was convicted of the murder of local shoemaker Daniel Clark, which had taken place 14 years previously. Three days after that conviction he was hanged and his remains suspended in chains near the scene of the crime ...
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Food glorious food
Thirty-five years ago, not long after the Gazette became a weekly, I wrote the editorials, writes James Morton. Not all of them of course – since I didn’t know a thing about anything except criminal law (and not much about that) but a fair number. For some reason, the then ...
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Arbitration
Award – Appeal – Defendant employed by claimant Wilson & Partners Ltd v Emmott: QBD (Comm) Mr Justice Andrew Smith: 8 June 2011 The claimant company was incorporated in the ...
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Not cricket
England’s professionals may be riding high in the cricket world, but the same can’t be said for its solicitors. The Lawyers Cricket World Cup is set to go ahead later this year without the England solicitors team, which is apparently suffering from a shortage of numbers, Obiter hears. Quite what ...
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Pedal power
Forget London’s Boris Bikes, one Tottenham firm has taken matters into its own hands to get its staff cycling to work. Conscious of the need to promote green awareness and reduce its carbon footprint, legal aid firm Wilsons has pedalled aboard the government’s cycle to work scheme.
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New laws on the use of cookies
With accusations of ignorance and fear-mongering coming from both the privacy and the tech-freedom camps, recent new laws surrounding the use of ‘cookies’ have not been without their problems.