Last 3 months headlines – Page 1368
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Who’s in charge – Strasbourg or London?
Who is really in charge - the UK’s unelected judges or its elected politicians, its courts or its parliament? Or is the Strasbourg-based European Court of Human Rights in charge, as many of its critics fear? These were the questions posed ...
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Disclosure of expert medical evidence
If a claimant instructs expert A, but then does not wish to rely upon the content of his report, can he instruct expert B without having to disclose expert A’s report? The assumption that claimant lawyers have historically made is ‘yes’ – privilege applies.
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Open and ready for business? Changes in immigration
A Statement of changes in Immigration Rules, detailing changes due to come into force yesterday, was laid before parliament on 16 March. The statement announced changes to the Tier 1 category of the points-based system (PBS), as expected, and in particular to the Tier 1 ...
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Civil evidence
Police - Criminal investigations - Remuneration - Trustees in bankruptcy Andrew v Newsgroup Newspapers Ltd and Ors: Ch D (Mr Justice Vos): 18 March 2011 The claimant sports agent (X) ...
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Insolvency
Practice statements - Proportionality - Remuneration - Trustees in bankruptcy Helen Brook v Nicholas Edward Reed (trustee in bankruptcy of the estate of Helen Brook): CA (Civ Div) (Lady Justice Arden, Lord Justice Black, Mr Justice David Richards): 25 ...
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Criminal procedure
Appeals - Forfeiture - Notices of hearing - Proceeds of Crime Act R (on the application of Nashika Harrison) v (1) Birmingham Magistrates’ Court (2) Chief Constable of West Midlands: CA (Civ Div) (Lords Justices Pill, Hooper, Munby): 25 ...
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Civil procedure
Civil Procedure Rules - Media and entertainment - Anonymity - Breach of confidence (1) Zac Goldsmith (2) Sheherazade Goldsmith v BCD: Jemima Khan v BCD: QBD (Mr Justice Tugendhat): 22 March 2011 ...
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Immigration
Damages - Human rights - Torts - Deportation Walumba Lumba v Secretary of State for the Home Department: Kadian Mighty v Secretary Of State for the Home Department: SC (Justices of the Supreme Court Lord Phillips, Lord Hope, Lord ...
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Importance of legal ethics must not be sidelined in changing market
Close to the start of my presidential year I spent a weekend in Prague with colleagues to celebrate the 20th anniversary of the re-establishment of the independence of the Czech legal profession. Out of a small Czech bar of only 8,804 members, more than 500 ...
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Forecasting the creative impact of alternative business structures on law
The challenge of alternative business structures (ABSs) appears to have given fresh legs to a neologism. Lawyers should be ‘pessoptimistic’ – that is, in a state of contradiction, living with both dread and a sense of opportunity. A pessoptimist (the word was coined by Palestinian ...
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Anybody listening?
I took part in the recent consultation exercise concerning the Jackson proposals for the reform of civil litigation. The government has now published its response. As far as I can see, the Jackson proposals will be fully implemented. There is ...
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Definition of CHIS
Ibrahim Hasan may have misstated the position when he wrote that a witness on a housing estate who discloses information about anti-social behaviour is considered a covert human intelligence source. In his thoughtful and useful article, he states that section 29(8) of the Regulation of Investigatory ...
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Foolish to follow US
Bill Jackson in his letter ‘Time to adopt US libel model’ argues that we should adopt one aspect of the US libel law model – namely the requirement for a claimant to prove malice in cases involving public figures – and commends that model to us. ...
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Quality concern
Susan Humble, clerk to the Solicitors Disciplinary Tribunal, states in her letter ‘Checks and balances’ that: ‘Statistically, only a small proportion of SDT decisions are appealed and it speaks volumes for the quality of the decision-making process that its decisions are overturned in very few cases.’
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Respect has to be earned
Fascinated as I was by District Judge Paul Mildred’s article ‘Conduct unbecoming in our courts’, I can’t help but think he has misdirected himself. Respect can be demanded, but, in my experience, is given only when it is earned. ...
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Bribery Act guidance
It is now 13 years since the UK committed to fulfil its obligations under the OECD Anti-Bribery Convention, and almost nine years since it became a signatory to the UN Convention against Corruption. In that time, there has been an unremitting flow of effort aimed ...
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Outcomes-focused regulation will require cultural changes by solicitors
by Tony Guise, director of GUISE Solicitors Limited, a specialist law firm providing regulatory and compliance advice 'When I use a word,’ Humpty Dumpty said, in a rather scornful tone, ‘it means just what I choose it to mean, neither more nor less.’
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Welcome news as Allen & Overy offers placements and minimum wage
Nick Clegg’s strategy to boost social mobility targets unpaid internships, a nice illustration of the incongruities that can arise in coalition government. As recently as February, his Tory partners were busy auctioning internships in City banks and hedge funds at a £400-a-head fundraiser. Clegg doubtless reasons ...
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News focus: responses to the Jackson consultation on civil costs
The Ministry of Justice consultation on the implementation of Lord Justice Jackson’s (pictured) recommendations on reforming civil litigation and funding costs closed on 14 February. Six weeks later, we have the government’s response to the 600 submissions it received. They must be speed-readers at the MoJ. ...
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Just our Lidl joke
Some rather intriguing legal news appeared last Friday (1 April). First, law firm Jordans revealed that, in an attempt to create a more ‘family-friendly’ atmosphere in court, the lord chief justice had issued a new practice direction introducing ‘multicoloured polka dot’ robes. The change followed extensive ...