All News articles – Page 1829
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News
A fraudster's charter?
Top judges are deeply concerned about plans to introduce 'plea negotiation' in fraud cases. A move to US-style ‘plea bargaining’ in fraud cases would undermine British justice, leading judges have told the government. The comments, from the Council of Circuit Judges, will ...
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Going green as the clouds gather
Environmental sustainability is no longer a luxury but rather a business-critical issue for law firms, argues Des Hudson. With the Met Office warning that this September could be the wettest ever, the urgent warnings of climate change scientists seem to be thrown into ever sharper relief. ...
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Poland: rule of law concerns
Continuing concerns about the Polish government’s interference in the rule of law have emerged in a new study by the International Bar Association. In a follow-up to its 2007 report Justice under Siege, the association commended efforts by the new government since last year’s election, ...
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Crisis set to spur consolidation
The collapse of Lehman Brothers amid turmoil on Wall Street will provide rich pickings for top firms but spell tough times for the rest, analysts have warned.
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Mediation: lawyers still need convincing
When former Court of Appeal judge Sir Henry Brooke retired at the age 70, it was to embark on a new career. Two years on he is much in demand as a mediator, having already conducted more than 50 mediations, from high-profile corporate disputes to individuals at war over land ...
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Corporate counsel hit by crunch
The credit crunch has increased pressure on in-house counsel worldwide to prove their worth and thereby survive the economic downturn, according to a poll carried out by the New York State Bar Association (NYSBA). The results of the 2008 Global Challenge Survey, which will be presented ...
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Costs-capping power for courts
Courts will have formal powers to make costs-capping orders under changes proposed by the civil procedure rule committee. The courts have been developing their costs-capping jurisdiction, most notably in personal injury and defamation cases, and the consultation issued last week is largely an attempt to codify ...
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Racism: courage in the line of fire
I refer to Martin Mears’s trenchant dismissal of allegations of racism at the Solicitors Regulation Authority. Mr Mears treats the peddlers of these allegations and the powerful organisations at their back with more respect than they deserve. But it would be ...
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Criminal law
Environment – Unincorporated associations – Clubs – Criminal liability – Pollution R v (1) RL (2) JF: CA (Crim Div) (Lord Justice Hughes, Mr Justice David Clarke, Mr Justice Blair): 28 August 2008 ...
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Oil and gas deal
City firm Speechly Bircham advised corporate financiers and brokers Ambrian Partners on the reverse takeover of oil and gas exploration group BPC by Falkland Gold and Minerals, and the admission of the enlarged share capital to AIM. BPC was advised by City firm Norton Rose, national firm McGrigors, Jersey firm ...
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DLA Piper in the Middle East push
National firm DLA Piper has tripled its headcount in the Middle East as part of a huge push into the region and has plans for further expansion over the next two months, the Gazette can reveal. The firm, which had around 50 lawyers working in the ...
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Employment
Tax – Contracts of employment – Information technology – Provision of services through intermediary – IR35 Dragonfly Consultancy Ltd v Revenue & Customs Commissioners: Ch D (Mr Justice Henderson): 3 September 2008 ...
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Family law
Civil procedure – Practice directions – Trial bundles – Sanctions for non-compliance – Identification of defaulters in open court Re X & Y (bundles): Fam Div (Mr Justice Munby): 22 August 2008
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Freedom of information
Requests to public authorities under the Freedom of Information Act 2000 (FoI) are becoming more challenging. Some authorities are even receiving requests about how they handle such requests.
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When grammar 'gifts' us a lesson
Having read the latest letter about poor grammar, I could not resist raising my pet hate (see [2008] Gazette, 11 September, 9). When did ‘gift’ become a verb? Do non-lawyers talk about ‘gifting’ a house, as almost all private client practitioners now do? ...
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High praise for a past president
What a refreshing, forthright article from Martin Mears (see [2008] Gazette, 11 September, 8). It reminds me why he is one of the few Law Society presidents who was actually elected by his fellow solicitors and why I voted for him. ...
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Launching into orbiter
Obiter is used to being quizzed about which planet it inhabits, but it’s not often mistaken for a spacecraft. Until this week, when a letter arrived at Chancery Lane addressed to ‘Orbiter’. Even better, the letter was from a member of the profession ...
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Legal profession
Negligence – Bankruptcy – Breach of contract – Causation – Conveyancing – Legal advice Sara Dayman (as trustee of the estate of Sandra Estelle Fielding, a former bankrupt) v Lawrence Graham (a firm): ChD (Judge Hodge QC): 28 August ...
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Making Waves
Paralympic sailor and former Obiter star Helena Lucas has achieved a top-ten place at the Paralympics in Qingdao. The GBR Skandia team member was the only female selected to race in the 2.4m fleet and she finished in seventh place overall. Lucas was sponsored by ...