All News articles – Page 1841
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News
Anonymity fears
Criminal practitioners have urged the government to consult properly before ploughing ahead with emergency legislation to allow witness anonymity, which they fear could jeopardise fair trials. Ian Kelcey, chairman of the Law Society’s criminal law committee, said: ‘The home secretary should stop and think about the ...
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Titan prison plans under attack
The government’s plans to build its way out of prison overcrowding came under attack last week from the authors of a seven-year investigation into the criminal justice system.
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India pact 'years away'
A free-trade agreement between India and the EU – which should help open up the legal market to foreign firms – is still at least three years away, according to one of the EU negotiators. Sajjad Karim, a Conservative MEP on the international trade committee, also ...
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Breaking down the barriers
Here’s a thought: the law is to be fully exposed to the unfettered free market, yet the neo-liberal orthodoxy which has dominated government policy for three decades – and which gave birth to the Legal Services Act – is suddenly tainted. Does this matter?
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In-house beautiful
Almost a quarter of practitioners now work in-house, and very few of them appear to have any intention of returning to private practice. As the old days of aiming for partner and owning a stake in a law firm slowly pass away in favour of ...
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Lack of capacity and beneficiary liability
Baker v Baker [2008] WTLR 565 illustrates an increasing tendency for probate cases to involve a number of different claims. While terminally ill in hospital with liver disease, Mr Baker executed a will prepared by his brother, Richard. ...
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SRA eyes visits to big firms
Clifford Chance has undergone a trial Solicitors Regulation Authority (SRA) inspection as the regulator works out how best to inspect larger law firms. The City giant volunteered to be the SRA’s ‘guinea pig’ and five inspectors spent a week at the firm, learning how a practice ...
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Bond Pearce in Grand Prix win
South-west firm Bond Pearce advised Donington Park race track on the deal that will make it home to the British Grand Prix for ten years from 2010. The deal was struck between Donington’s owners and Bernie Ecclestone’s Formula One Management, which was advised in-house. Formula One’s ...
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Court calamities
I feel compelled to respond to Majid Shafiq’s ‘challenge’ to find ‘a bigger failure by a court to conduct business in an acceptable way’ (see [2008] Gazette, 26 June, 11). My recent experiences of various courts include: A telephone ...
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Call for more 'users of justice' on CJC
The Civil Justice Council should have more ‘users’ of justice and fewer lawyers among its members, an independent review has recommended. Jonathan Spencer’s review, published this week by the Ministry of Justice, says the concept of the council is sound, and commends its ‘essential mediating ...
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Councils launch court fee challenge
Four local authorities have joined forces to launch a judicial review against the government, claiming that new powers forcing councils to bear the full cost of child-care cases are unlawful, the Gazette can reveal. Hillingdon Borough Council in London, Leeds City Council, Liverpool City Council and ...
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Society wary over Charter Mark idea
The Law Society has reacted cautiously to the Legal Services Ombudsman’s idea of introducing a Charter Mark scheme for solicitors. Ombudsman Zahida Manzoor also warned that the Legal Complaints Service’s (LCS) current proposals to publish complaints records ‘could potentially lead to some solicitors paying compensation irrespective ...
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Employment law needs reality check
Whitehall is right to abandon the controversial Dispute Resolution Regulations. Ever since the ill-fated Dispute Resolution Regulations 2002 were first introduced, there has been a groundswell of opinion, led by the Employment Lawyers Association (ELA), to have them reversed.
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Sir Igor is new chief justice
Sir Igor Judge, the current President of the Queen’s Bench Division, has been named as the next Lord Chief Justice.
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Constitutional law
Governments – Implied promises – Legitimate expectation – Parliamentary privilege – Referendums R (on the application of Wheeler) (claimant) v (1) Office of the Prime Minister (2) Secretary of State for Foreign and Commonwealth Affairs (defendants) & Speaker of the House of Commons (interested party) ...
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Shape up to survive, conveyancers told
The Law Society has warned conveyancers not to panic as the property market stagnates, but to take action to ‘trim’ themselves down.
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Correction
Dr Ann Barker, the Bar Standards Board’s new complaints commissioner, was wrongly named Parker in last week’s issue. Apologies.
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Defence deal
Defence deal: Birmingham firm Wragge & Co advised the Ministry of Defence, as part of the Aircraft Carrier Alliance, on a £3bn contract to build aircraft carriers HMS Queen Elizabeth and HMS Prince of Wales – which will be the largest warships ever ...
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In defence of the victims
Matthew Hickling’s criticism of the Criminal Procedure Rules does not stand up to scrutiny I write as one who prosecutes daily in the magistrates’ court.
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Matters of discretion
A new sentencing commission could make those responsible for policy more accountable Lord Justice Gage’s report on sentencing will make interesting reading – not so much for what he says but more for the degree of restraint with which he says it. The appeal judge – ...