Last 3 months headlines – Page 1513
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Morale has never been lower in legal aid
Over the last couple of years covering legal aid for the Gazette, I have got used to writing stories of the doom and gloom facing lawyers and their clients, as fees are cut and bureaucracy increased.
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Family law: Barder appeals – recent developments
There has recently been a series of Barder appeals, all based upon a significant change in the value of an asset soon after the final order was made. None of them have succeeded. As Thorpe LJ stated in Myerson v Myerson [2009] EWCA Civ 282, ‘very few successful applications have ...
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Sentencing
Penology and criminology – commencement provisions – concurrent sentences – custody plus orders R (on the application of Noone) (FC) v Governor of Drake Hall Prison and Anor: SC (Lords Phillips, Saville, Brown, Mance, Judge): 30 June 2010 ...
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Human rights
Administration of justice – armed forces – inquests – jurisdiction R (on the application of Smith) (respondent) v Secretary of State for Defence (appellant): SC (Lords Phillips (president), Hope (deputy president), Rodger, Walker, Brown, Mance, Collins, Kerr, Lady Hale): ...
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PII – why a large number of firms will be seeking a new insurer
When the profession ditched the Solicitors Indemnity Fund (SIF), a compelling reason for the move was that many good firms were paying for the failures of the few. Now, a decade later, solicitors are back in exactly the same position. Only, the ‘few’ could become substantially more over the next ...
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Voice of experience
That great survivor Ken Clarke, who turned 70 this month, was on characteristically ebullient form at the Law Society’s summer party at the Tate Modern. And yes, it’s official – like all jazz afficionados, the new justice secretary and erstwhile chancellor really does wear brown suede shoes. Like many people ...
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MoJ unveils policy roadmap
The Ministry of Justice has published a structural reform plan (SRP), setting out key milestones and timescales for delivering policy. Justice secretary Ken Clarke listed his top five priorities as: sentencing reform; a ‘rehabilitation revolution’; reforming the courts and legal aid system; reform of the prison ...
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What's up, Doc?
Obiter was intrigued to learn that ‘distinguished achiever’ Lord Bach, or, as he is not-so-fondly considered in some circles, hammer of the legal aid system, is being given an honorary degree, to be conferred upon him today by the University of Leicester. Former ...
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Splitting hair
Divorce is never a laughing matter. So Obiter extends heartfelt sympathies to the poor couple pictured (in the foreground), who are in the process of parting company. What’s that you say? This bearded chap and elegantly coiffed blonde lady are not actually a separating couple, but are in fact two ...
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Scare tactics
Cheshire firm Chafes has hosted temporary recruits at its Wilmslow office over the past week. Two scarecrows, named Mike and Dave by staff, have been somewhat precariously ensconced on a ledge outside the firm’s first-floor office. Their arrival is not, as one might imagine, linked to problems of the avian ...
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Is mental health tendering scheme a success story?
Hugh Barrett (see letter) states that the tendering scheme in mental health was a success. The highly vulnerable clients we represent will often not see it that way.
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Democratic mandate
May I make the following two points in response to the generous comments by Joshua Rozenberg concerning the paper Towards a codified constitution, produced by a working group chaired by Professor Vernon Bogdanor and myself, and published by Justice.
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Sharia dilemma
Howard Shelley’s letter about the potential usefulness of sharia law raises the thorny question of how sharia is to be ‘given a try’. At present sharia courts hear cases and give judgments on a voluntary basis. The only further step I could envisage being taken would be to make those ...
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Sexism is no joke
Howard Shelley (see letter) says sharia law has a role to play in dispute resolution. Nothing in law currently prevents anyone submitting to religious dispute resolution if they so choose. As he says, as long as it does not replace English law it can be used. The Jews have the ...
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Profits up, income down at Shoosmiths and MMS
National firm Shoosmiths today reported a 70% jump in average profits per equity partner (PEP), despite a 9% fall in revenues. PEP rose to £256,000 in 2009/10, up from £150,000 in the previous 12 months, but still well down on the £372,000 recorded in 2007/08. ...
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Scrapping regulation reform for private landlords shows no foresight
by Debra Wilsonpartner at Anthony Gold and a member of the Law Society housing law committee In his first speech as housing minister, Grant Shapps announced that the government was scrapping recommendations to further regulate the private rented sector. He said further regulation would ‘create burdensome ...
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Legal aid is under threat across Europe and it is time to fight to save it
Let’s be honest. You are not going to plough your way through the 657 pages of the newly published Effective Criminal Defence in Europe, nor even the more accessible 30-page summary. However, you should know what you have missed. These reports have important lessons relevant to the upcoming battle for ...
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Research casts doubt on notion ABSs will trigger mass closures
One day, an enterprising author will write a novel after James Herriot, chronicling the exploits of a peripatetic solicitor travelling up hill and down dale to visit immobile clients in all weathers. A fanciful notion, perhaps – but Oxera’s report for the Law Society about the impact of ABSs on ...
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Chancery Lane launches new studies on paralegals and solicitor-advocates
The Law Society has commissioned former Ministry of Justice senior civil servant Nick Smedley (pictured) to produce research papers on paralegal qualifications and on improved support for solicitor-advocates. Smedley’s first paper will be a ‘scoping study’ into whether the Law Society should develop or endorse qualifications ...
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Oil refinery, sugar, supermarkets and TV entertainment
Comedy collection: City firm Olswang advised Elisabeth Murdoch’s TV production company Shine on acquiring comedy TV producer Brown Eyed Boy, which claims to have discovered comedian Sacha Baron Cohen (pictured), from media investment company Motive Television, advised by southcoast firm Moore Blatch, and ...