News – Page 230
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News
A review of the 2012 changes to criminal law
Two major cases regarding case management were decided in 2012. In R (on the application of Drinkwater) v Solihull Magistrates’ Court [2012] EWHC 765 (Admin), the court had to consider whether a trial should be adjourned or go ahead in the absence of a defendant. Following the decision in R ...
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Relocation of children
When ferries were the only means of travelling abroad a national newspaper carried the headline: ‘Fog in Channel; Continent Cut Off’. Travel may be easier today, but there remains a legal obstruction to some parents’ departure from these shores. F (Child) [2012] EWCA Civ 1364 is the Court of Appeal’s ...
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Care home fees
Not care home fees, but tensions between Henry II and his archbishop led a character in TS Eliot’s Murder In The Cathedral to ask: ‘What peace can be found/To grow between the hammer and the anvil?’ But while a dispute over Newcastle City Council’s approach to care home fees has ...
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Bermuda calling
The regulatory telecommunications framework in Bermuda is currently in the process of root-and-branch reform heralded by the establishment of a regulatory authority pursuant to the Regulatory Authority Act 2011 and continued by the bringing into force of the relevant sections of the Electronic Communications Act 2011. Coupled with this reform, ...
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Personal injury calculation
The standard rate of interest on general damages for pain and suffering and loss of amenities in personal injury cases was fixed at 2% a year by the House of Lords in Birkett v Hayes [1982] 1 WLR 816; [1982] 2 All ER 70. This was confirmed as appropriate by ...
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Development on town and village greens
The last commercial property column looked at the manner in which town and village green applications create hurdles for development. One aspect of the Commons Act 2006 makes life particularly difficult for developers.
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Decisions affecting litigants in person
Two recent decisions of the Court of Appeal have affirmed that the provisions of Civil Procedure Rule 27.11 and 39.3 should be interpreted rigorously. More interesting, however, is the fact that at a time when the courts are likely to see more and more ‘self-representing parties’, the decisions suggest that ...
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Criminal law
Trial – Robbery – Violent disorder – Burglary R v Donovan and another: Court of Appeal, Criminal Division: 18 December 2012 The Court of Appeal, Criminal Division, in allowing ...
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Fraudsters - an insider story?
Lawyers should be aware of the dangers of insider fraud when advising their clients, as the damage can be catastrophic for a business - no business is immune from the danger, not even law firms themselves.
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Lawyers can access unredacted records
In a groundbreaking Court of Appeal case, a distinguished panel of appeal judges (Lord Justices Kay and Munby) decided that the practice of redacting social care records was not usually necessary where litigation under civil procedure rules was being conducted. The judgment departed from reasoning in both lower courts, in ...
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Global approach to family law
The reform of family law is a constant source of debate in the UK, and in France it is very much the same situation. For example, a French parliamentary vote expected in January on proposals to open up the institution of marriage to gay couples mirrors the current debate in ...
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Working with deafness: access and ethics
Advances in attitudes towards the promotion of rights and equality for vulnerable and disabled populations have resulted in an increase in vulnerable client groups presenting to lawyers. When working with such populations, reasonable adjustments must be made to ensure that services are accessible and meet the individual needs of the ...
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Real employee rights or fantasy?
If you like pantomime it is always best to choose a classic. For some it is Mother Goose, for others Cinderella. For me there is only one – Jack and the Beanstalk – and it is wonderful to see that the government appears to agree. In fact, the government likes ...