Last 3 months headlines – Page 1373
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Lord Judge warns of media ignorance of human rights law
Media ignorance of human rights legislation is harming the independence of the judiciary, the lord chief justice said in a speech in Jerusalem yesterday. Lord Judge said that journalists must understand that, when judges apply decisions of the European Court of Human Rights via the Human ...
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Family law
Babies - Habitual residence - Jurisdiction - Parental responsibility Barbara Mercredi v Richard Chaffe: CA (Civ Div) (Lords Justices Thorpe, Elias): 17 March 2011 The appellant mother (M) appealed against ...
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Tools or techniques?
When presented with the ‘next big thing’ in legal services marketing there is a good question to ask at the outset that will help you gain the best for your firm. Is the latest idea a tool for marketing and promotions or a technique of ...
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Government announces implementation of Jackson’s reforms
Lord Justice Jackson’s headline civil costs reforms will be implemented in full, the government announced today, as it simultaneously opened a consultation on reform of the county court system. The Law Society warned that the reforms meant ordinary people would no longer be able to obtain ...
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Legislating for changing sexual mores
Is Europe the beginning of something new or the end of something old? We know what the Eurosceptics think (end, end, end), but the soft power and liberal institutions of the EU can as easily be seen as the forerunner of a new template, which ...
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‘Recession over for law firms’ – exclusive survey
The recession has finally run its course, according to the results of a survey conducted in association with the Gazette. Six out of ten firms expect revenues to increase over the next 12 months, while only 3.6% predict a fall. ...
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New guidelines proposed for sentencing drug offenders
The Sentencing Council has today launched a consultation on proposals to introduce new guidelines for judges and magistrates sentencing drug offenders. The plans will mean that for the first time in the Crown court, sentences will be based on the court’s assessment of the defendant’s role ...
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Protest marchers call the tune on legal aid
Tomorrow sees the Trades Union Congress ‘March for the Alternative’ rally, taking place in central London. It is predicted that tens of thousands will turn up to protest against the planned public sector spending cuts, in what is expected to be the largest TUC event ...
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Valuable guidance on indemnity costs
In a previous update I commented on the case of Noorani v Calver [2009] EWHC 592 (QB). This case illustrated some of the factors which the courts are likely to take into account in assessing whether to award indemnity costs. In Noorani, Mr Justice Coulson considered ...
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Employment
Negligence - Asbestos - Burden of proof Karen Sienkiewicz (administratrix of the estate of Enid Costello, deceased) v Greif (UK) Ltd: Knowsley Metropolitan Borough Council v Willmore: SC (Lords Phillips, Rodger, Brown, Mance, Kerr, Dyson, Lady Hale): 9 March ...
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Personal injury
Autistic spectrum disorder - Employers’ liability Janet Vaile v Havering London Borough Council CA (Civ Div): (Lords Justices Longmore, Etherton, Sir David Keene): 11 March 2011 The appellant former teacher ...
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Conveyancing Protocol update
The Conveyancing Quality Scheme (CQS) is building up a head of steam. The first firms have been accredited. Applications are coming in thick and fast. The concept of raising standards is hardly controversial, but giving practitioners the tools to work within the scheme has been an ...
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Having faith in judicial institutions
Why do we have such faith in judicial institutions that sometimes get things wrong? The question was posed last week by Stephen Breyer, a justice of the US Supreme Court, speaking in London at an event arranged by the Bingham Centre for the Rule ...
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Lawyers should place far-reaching competition rule changes under scrutiny
Very few major policies to emerge from the coalition government do ‘exactly what it says on the tin’, and the consultation on reform of the UK’s competition regime, published last week, is no exception. In this case, ministers have given the consultation a thoroughly ‘pro-business’ ...
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A pivotal year to tackle discrimination against women solicitors
by Joy Van Cooten, chair of the Association of Women Solicitors On Friday 11 March, amid the glitz and glamour of our annual meeting and gala dinner, I became the 88th chair of the Association of Women Solicitors (AWS).
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Failing the means test
I have read about Crown Court legal aid and the current problems surrounding it, but do people not realise that legal aid in the magistrates’ court is a much bigger problem? I agree that the idea of cases progressing faster is usually a good thing. ...
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Unhelpful advice
I detected a strange irony having read the Opinion ‘Bridging the gender divide’ ‘Bridging the gender divide’. The statement ‘the proportion of women that will reach partner level in private practice is half that of men’ is to some extent explained by the letter published ...
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Overcoming hurdles
Robert Cumming raises a good point in saying that labour laws needs to be reformed to ensure equality of pay. There is a huge groundswell of opinion, among women as much as men, that new paternity rights ought to be ‘use it or lose it ...
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A reality check on mediation
Where is the research evidence for mediation?, asks Michael Robinson. Well, in March 2007 the National Audit Office found that, on average, a mediated case takes 110 days to resolve and costs £752, compared with 435 days and £1,682 in cases where mediation is not used. ...