News – Page 223
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News
Privilege fears over deferred prosecutions
Simmons & Simmons partner Stephen Gentle told the Gazette: ‘The consultation on DPAs stated that the “Code of Practice would include provision for the protection of legal professional privilege”. ‘But there is no such provision, and comprehensive self-reporting of wrongdoing will almost certainly lead to companies waiving privilege if a ...
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Bar chief calls for royal commission
More than two decades after the Runciman Commission was set up following high-profile miscarriages of justice, the chairman of the Bar Council has called for a royal commission to conduct a root-and-branch review of the criminal justice system. Maura McGowan suggested that the system be reviewed holistically, as the government ...
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Trademarks in toys and games – part two
A recent High Court judgment concerning the Scrabble ‘tile’ trademark highlights the tension between trademarks and the functional elements of toys and games. Below is part two of a two-part summary of a few key decisions in this area; claims with varying degrees of success. Part one was published on ...
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Freedom of information: limits of privilege
One of the key recommendations of the House of Commons Justice Select Committee in its July 2012 report on the Freedom of Information Act 2000 (FoI) was the introduction of a new exemption for academic research. The government accepted this recommendation in its official response late last year.
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Immigration
Asylum seeker – Detention – Claimant being detained under non-suspensive appeals process R (on the application of JB (Jamaica) v Secretary of State for the Home Department: Court of Appeal, Civil Division: 12 June 2013 ...
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Legal services orders
Since 1 April the family courts have had the power to make a legal services order, which is a new form of interim order compelling one spouse to make provision for the other’s legal costs. Although on the face of it, it is a significant change to the courts’ powers ...
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Small claims track
The likelihood is that the majority of litigators have never ventured down into the basement of the county court where retailers and their embittered customers, and landlords and their carpet-staining former tenants scream out their stories and storm out if they lose. This is the basement which hosts small claims, ...
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Breach of contract
Licence agreement being made between publishing company (Bright Star) and defendant permitting defendant to re-package Reader's Digest book edition of 'Wildlife of Britain' Morse v Eaglemoss Publications Ltd: Chancery Division: 7 June 2013 ...
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Changes to public law
The pressures on the public purse as much as those of the present Conservative government have brought about yet more radical changes to public law proceedings. To echo the words of Sir James Munby, the president of the Family Division: ‘The family justice system is undergoing the most radical reforms ...
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Civil procedure: capacity and compromise
Civil Procedure Rule 21.10 provides that where a claim is made by or on behalf of a party who lacks capacity to conduct the proceedings (a child or protected party), no settlement of that claim shall be valid without the approval of the court. The issue before Bean J in ...
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Referral fees – a true picture
A recent Gazette article titled Referral guidance made a number of surprising claims. We felt they should not pass unchallenged, as they will undoubtedly have caused concern to some practising solicitors who are seeking to come to terms with the referral fee ban now that it is in place. ...
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Streaming the Supreme Court
Television has for a number of years been a reason why people ultimately decide to become lawyers. From fictional characters, programmes such as Rumpole, Judge Deed, LA Law and Silks, we are offered a creative window into the world of the legal profession. But what about real lawyers?
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EU justice growth scheme under fire
The EU’s ‘Justice for Growth’ project,came in for criticism at last week’s plenary session of the Council of Bars and Law Societies of Europe (CCBE) in Athens
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Colombia lawyers ‘still persecuted’ - Caravana report
Assassinations, death threats, unlawful detention and other abuses of lawyers continue unchecked in Colombia
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Society guidance to stave off flood risk
The Law Society has published a practice note to help conveyancers protect the owners of an estimated five million properties at risk of flooding.