All News articles – Page 1531
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News
Principles of privilege
In R v Seaton [2010] EWCA Crim 1980, the Court of Appeal reviewed the law of legal professional privilege in the context of police station advice, and appears to have developed the law regarding the way in which ‘no comment’ interviews may be handled by advocates at trial. ...
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The practicalities of using judicial review
To many clients, judicial review provides the opportunity to seek redress for the subjectively perceived wrongdoing of a public authority. It is a perception replete with misunderstanding and contradiction. Most often the complaint is that a body charged with a responsibility to provide public service ...
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No skirting the issue
They say there is no such thing as bad publicity, so magic circle firm Allen & Overy will no doubt be delighted with the coverage it received in the Daily Mail, the Daily Telegraph, the Independent and London freesheet Metro last week. All reported on ...
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Immigration
Human rights - Duty of care - Compensatory damages Home Office v Mohammed and Ors: CA (Civ Div) (Lord Justices Sedley, Thomas, Hooper): 29 March 2011 The appellant Home Office ...
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Human rights
Damages - Penology and criminology - General damages R (on the application of Daniel Faulkner) v (1) Secretary of State for Justice (2) Parole Board: CA (Civ Div) (Lord Justices Sedley, Hooper, Wilson): 29 March 2011 ...
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The Sheik and the flapper
Every decade and court has its great – and often eccentric – advocate, and in the 1920s, Western Australia’s Arthur Haynes neatly filled the bill, writes James Morton. Haynes trained trotting horses and, after staying at his club until the early hours, would get up ...
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It is vital that law firms fully prepare for outcomes-focussed regulation
Thursday 6 October 2011 marks the start of a radical new approach to the way the SRA regulates solicitors and law firms. On this day, regulation becomes more flexible and less prescriptive with the introduction of outcomes-focused regulation (OFR). It ...
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A distinguished life
I write in connection with Jonathan Goldsmith’s article about the worsening persecution of lawyers around the world. Mr Goldsmith referred to ‘a striking photo’ on the cover of ‘Lawyers without rights’ of a Jewish lawyer ‘being publicly humiliated in the streets as early as April 1933’. ...
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Gazette survey: work-based discrimination still rife, say women solicitors
A Gazette survey has highlighted the extent to which women solicitors feel unable to progress within the profession. The research also shows that a significant percentage of women believe they have personally been discriminated against during their legal career. The survey, completed ...
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Criminal service
I read with interest District Judge Mildred’s not unreasonable request that those who appear before the courts should show due respect to the judge and, presumably, the court as a whole. His comment was in relation to the family and civil courts, but the issues apply ...
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Sanity clause
James Morton’s account of troublesome litigants-in-person struck a chord with His Honour Timothy Lawrence, who wrote to tell us: ‘It reminded me of the kindly way my old partner, His Honour Judge ‘Bill’ Cox, dealt with the wild-eyed potential litigant who would come in with carrier bags full of pieces ...
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Civil evidence
Expert evidence - Expert witnesses - Immunity from suit - Justification Paul Wynne Jones v Sue Kaney: SC (Justices of the Supreme Court: Lords Phillips (president), Hope (deputy president), Brown, Collins, Kerr, Dyson, Lady Hale): 30 March 2011 ...
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High Court challenge to court closures
The High Court is set to hear the first of four legal challenges to magistrates’ courts closures, the Gazette has learned. A challenge to the closure of Sittingbourne Magistrates’ Court has been listed in May, and the High Court in Wales will list a hearing for ...
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Eversheds and DLA Piper lose employment tribunal cases
Two national firms have separately lost appeals in the employment tribunal over their redundancy selection procedures. Eversheds and DLA Piper lost cases at the Employment Appeals Tribunal this month. The EAT upheld an earlier ruling that Eversheds had sexually discriminated against ...
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Taking the biscuit
As the Royal nuptials hove into view, lawyers at London’s Lloyd Platt have come up with some helpful suggestions for any solicitors out there who may or may not be drawing up a pre-nuptial agreement for the happy couple. For example, surely provision must be ...
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Is the legal profession being unwittingly manoeuvred into establishing a de facto safety net?
Solicitors deserve to be congratulated for their role in the success of an initiative to boost the number of law schools offering free advice. It is testament to their commitment to access to justice for the poor. So why does one ...
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ILEX assurance
Your headline ‘Legal Services Board rebuffs Djanogly on ILEX rights’ does not reflect accurately the LSB’s position on this issue. It is correct that the LSB is currently considering ILEX’s application to extend the rights of legal executives to conduct litigation and appear in court. In ...
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Likely appointment of Jonathan Sumption to Supreme Court is controversial
What does it take to become a justice of the UK Supreme Court? According to its president, Lord Phillips, those who applied for the most recent vacancies had to demonstrate independence of mind, integrity, intellectual ability, clarity of thought, an ability to work under pressure, ...
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APIL warns of ‘dumbed down’ lawyers post-ABS
The new president of the Association of Personal Injury Lawyers (APIL) today warned of the emergence of a new breed of 'dumbed-down, legal-lite' lawyer following the introduction of alternative business structures. Addressing APIL's annual conference, David Bott (pictured) predicted that 'potentially massive' new entrants to ...