All News articles – Page 1308

  • News

    Costs

    21 January 2013

    Assessment – Detailed assessment – Conduct of parties Wilkinson v London Strategic Health Authority: Patents County Court (Judge Birss QC): 23 November 2012 The court considered the award of costs ...

  • News

    Copyright

    21 January 2013

    Judge finding defendants having defence – Whether defence ought to be limited Football Association Premier League Ltd v QC Leisure and others and other cases: Court of Appeal, Civil Division: 20 December 2012 ...

  • News

    What is to be done over convention?

    21 January 2013

    My father – in my mind because, aged 93, he has just died – used to take me to rugby internationals at Murrayfield in the 1960s. These were dominated by much kicking for positional advantage. Games were, depending on your point of vantage, fascinatingly tactical or grindingly boring. That experience ...

  • News

    ‘Common sense’ fraud ruling lauded

    21 January 2013

    The Court of Appeal’s ruling that a solicitor was not liable for a building society’s losses after being duped by a fraudster has been hailed as a ‘return to common sense’. Birmingham firm Davisons was instructed by Nationwide to act in respect of the purchase of ...

  • News

    COLP cover-up is unforgivable – and that’s the truth

    2013-01-21T00:00:00Z

    Cards on the table - we’ve all told the odd porkie on an application form. You might add an inch or two to your height on a dating website or fake an interest in the theatre for a job application. I am not immune, dear readers, ...

  • News

    Relocation of children

    21 January 2013

    When ferries were the only means of travelling abroad a national newspaper carried the headline: ‘Fog in Channel; Continent Cut Off’. Travel may be easier today, but there remains a legal obstruction to some parents’ departure from these shores. F (Child) [2012] EWCA Civ 1364 is the Court of Appeal’s ...

  • News

    Care home fees

    21 January 2013

    Not care home fees, but tensions between Henry II and his archbishop led a character in TS Eliot’s Murder In The Cathedral to ask: ‘What peace can be found/To grow between the hammer and the anvil?’ But while a dispute over Newcastle City Council’s approach to care home fees has ...

  • News

    Taxi for the cab rank rule

    2013-01-21T00:00:00Z

    The barristers’ cab rank rule is ‘redundant’ and should be abolished, according to a report published today by the Legal Services Board. Authors Professor John Flood and Professor Morten Hviid suggest that the rule is ‘regularly breached’, and serves ‘no clear purpose’. They claim its ...

  • News

    Business leaders have grown ‘diversity weary’

    21 January 2013

    Managers of leading professional firms are growing ‘diversity weary’, according to the organisers of a poll of business leaders. Research commissioned by City firm Reed Smith found concerns that ‘a flurry’ of initiatives to encourage more women into senior roles could lead to a backlash. ...

  • News

    No magic bullet cure for cancer

    21 January 2013

    Having studied Lord Saatchi’s draft Medical Innovation Bill, I was pleased with Robert Illidge’s thoughtful perspective. As a retired NHS consultant and an expert witness with experience of medical negligence from both sides (and at the risk of becoming frightfully unpopular), I would suggest that entrusting only the medical profession, ...

  • News

    Reform chief predicts 'sweaty palms' over costs budgets

    2013-01-21T00:00:00Z

    Judges and lawyers will adapt to new costs management rules but the process may take some time, according to the senior judge charged with implementing the Jackson reforms. Lord Justice Ramsey, who has taken over responsibility for the task from Lord Justice Jackson, admitted there will ...

  • News

    Bermuda calling

    2013-01-21T00:00:00Z

    The regulatory telecommunications framework in Bermuda is currently in the process of root-and-branch reform heralded by the establishment of a regulatory authority pursuant to the Regulatory Authority Act 2011 and continued by the bringing into force of the relevant sections of the Electronic Communications Act 2011. Coupled with this reform, ...

  • News

    Legal challenge begins on RTA fixed fees

    2013-01-21T00:00:00Z

    Claimant groups have formally begun a legal challenge to the government’s plans to cut personal injury fixed costs. The Association of Personal Injury Lawyers (APIL) and Motor Accident Solicitors Society (MASS) have jointly applied for a judicial review of the justice secretary’s decision to cut fees ...

  • News

    Society and Bar clash over new standard contract terms

    2013-01-21T00:00:00Z

    Solicitors have been warned to protect themselves against new terms governing their relationship with barristers which come into effect next week. In a practice note, the Law Society said the Bar Council’s new standard contractual terms of business, which for the first time enable barristers to sue for their fees, ...

  • News

    SRA spurns pleas to approve post-Jackson business models

    2013-01-21T00:00:00Z

    Regulators will reject requests to pre-approve business models that may flout the impending ban on referral fees. The Solicitors Regulation Authority has confirmed it will not draw up detailed rules ahead of the ban coming into force in April, despite requests from members of the profession. ...

  • News

    Appeal

    21 January 2013

    Unfair dismissal – Claimant working as a lap dancer for defendant – Whether EAT erring Quashie v Stringfellows Restaurants Ltd: Court of Appeal, Civil Division (Lord Justices Ward, Elias and Pitchford): 21 December 2012 ...

  • News

    Grayling takes aim at the bar

    2013-01-21T00:00:00Z

    After shooting civil legal aid to smithereens the government now has the criminal bar in its sights. Twice in the past week lord chancellor and justice secretary Chris Grayling has indicated that there is not enough money for criminal legal aid - and cuts have to be made.

  • News

    Is compulsory pro bono needed to fill the void left by legal aid cuts?

    21 January 2013

    by Emma Pearmaine, head of family law at Simpson Millar As we approach the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act in April, I cannot help but think about my visit to Uganda in November.

  • News

    Legal advice agencies hit by funding cut

    21 January 2013

    Organisations helping not-for-profit agencies and litigants in person have been dealt another blow by the decision to axe Community Legal Service grants. After consultation, the Legal Services Commission announced this week that funding to the Advice Services Alliance, Law Centres Network and the Royal Courts ...

  • News

    Smaller firms can thrive by turning size to their advantage

    21 January 2013

    Sarah Harman’s comment that ‘the days of the small practice are numbered’ (My Legal Life, 14 January) is simply wrong. The days of the small general practice reliant predominantly on legal aid may well be coming to an end, but small specialist practices are unquestionably in a hugely competitive and ...