All News articles – Page 1394
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News
A drain on the public purse
Two items in your 5 July issue have prompted me to do what I have never done in the 41 years since I was admitted – write to the Gazette. On page 12 you printed a letter applauding the Supreme Court for applying article 8 of the European Convention on ...
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Legislative presumption of shared parenting ‘flawed’
Government plans to introduce a legislative presumption of shared parenting could undermine child welfare and increase the volume of litigation, according to the Law Society. Responding to a Ministry of Justice consultation which closed this week, the Society said the government’s proposal to promote co-operative parenting ...
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Help is at hand
Returning after a short period away from the office, I found the inbox filled with invitations to attend courses and join subscription groups offering support to compliance officers for legal practice (COLPs). Timely and worthwhile, no doubt.
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International law
Foreign sovereign state - Immunity from suit - Applicant company obtaining foreign judgment against one of Iraq’s government ministries Bank and others: SC (Justices of the Supreme Court, Lords Phillips (president), Clarke, Sumption, Reed, Lady Hale): 17 August 2012 ...
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Memory lane
Law Society’s Gazette, 6 September 1972 New courts – cost relevance In an address to the London Criminal Courts Solicitors Association in May, the Lord Chancellor said that ‘deplorable from the point of view of the public interest’ though the increase in ...
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Men in tights
As a history scholar, our new lord chancellor, Christopher Grayling MP, is no doubt looking forward to trying out his costume of wig, robes and tights. However, thanks to the flexibilities of the English constitution, the office of lord chancellor, established in 1066, has been more susceptible to change than ...
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Without prejudice
I read Joshua Rozenberg’s 30 August article ‘In good faith’ with interest. The issue of whose rights prevail in the case of conflict is complex. I disagree with his viewpoint though.
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Fresh faces at justice ministry after reshuffle
A criminal law barrister and former Labour-supporting law firm founder are among the new faces at the Ministry of Justice after a sweeping reshuffle of ministerial posts. After replacing Kenneth Clarke with Christopher Grayling as justice secretary, Downing Street confirmed this morning that ministers Crispin Blunt, ...
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‘Cutting edge’ approach to ethics needed - LSB
Proposals to monitor ethics across an increasingly diverse legal services market are set out by the Legal Services Board (LSB) today. Its report says that ensuring the integrity of the profession in this way is central to maintaining public confidence in the rule of law.
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Assumption of responsibility for a subsidiary's responsibilities
In the landmark decision of Chandler v Cape plc [2012] EWCA Civ 525, the Court of Appeal upheld a High Court decision that a parent company owed a direct duty of care towards an employee of one of its subsidiaries to ensure a safe system of work. This case has ...
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My hope for Chris Grayling
by Eduardo Reyes, Gazette features editor Maybe the new justice secretary is about to have an expensive re-education. I admit that on his record he is not an obvious ‘rule of law’ groupie.
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My hope for Chris Grayling
Maybe the new justice secretary is about to have an expensive re-education. I admit that on his record he is not an obvious ‘rule of law’ groupie. On past form, he thinks it’s fine to shoot robbers in the back when they are running away. He was famously a bit ...
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Find your own referral-fee workarounds, SRA tells firms
The Solicitors Regulation Authority has warned that it will not provide law firms with ‘safe harbour’ guidance to deal with the forthcoming referral fee ban. In a discussion paper released yesterday, the regulator says solicitors and firms should be able to work out from the legislation ...
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Cameron turns right in sweeping justice reshuffle
Prime minister David Cameron has confirmed that Chris Grayling will become justice secretary in what was emerging as a comprehensive clear-out of ministers at the Ministry of Justice. Earlier today Kenneth Clarke became a high-profile casualty of Cameron’s first major reshuffle since coming to office. ...
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SRA considers lighter touch for whistleblowers
Whistleblowers who give evidence against colleagues suspected of misconduct may be offered a more lenient punishment for their own involvement under new Solicitors Regulation Authority guidelines. The regulator is this week expected to approve proposals to offer mitigation to witnesses who come forward.
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Jersey court endorses third-party funding
The Royal Court of Jersey has once again endorsed the legitimate role of litigation funding in bringing cases on the island.
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Mergers cannot just be finance driven
The publication of The Law Consultancy Network’s research (July 2012) shows that the appetite for mergers continues unabated, with 80% of the firms surveyed having considered the possibility within the last six months. And for firms heading down the merger path, the spotlight tends ...
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Time to get on with portal plans
If you are trying to run a personal injury practice, you may be feeling pretty frustrated right now. You know that the government intends to extend the road traffic accident protocol vertically to higher value cases (up to £25,000) by next April. You know it will also be extended horizontally, ...
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Benefit fraud: additional checks
This is the third of four articles focusing on benefit fraud prompted by the case of Coventry City Council v Vassel 2011 EWHC 1542 Admin. In particular, it highlights the additional checks solicitors make when reviewing the evidence and alternative penalties. ...