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Enforcement and Dispute Resolution Blood on our hands –  part 2 “Blood on our hands” Employment tribunal fees Prison reform
 
Enforcement and Dispute Resolution

Enforcement and Dispute Resolution

Over recent weeks David Davis’s Brexit department has published seven so-called partnership papers, one of which, entitled ‘Enforcement and Dispute Resolution’, covers the role of the Court of Justice of the European Union (CJEU). The introduction to this paper states: “In leaving the European Union, we will bring about an end to the direct jurisdiction […]

Enforcement and Dispute Resolution

Criminal Law Solicitors Association disclosure survey

As part of its campaign, with others, to ensure that both the Prosecuting authorities and the Courts comply with the Law and Criminal procedure rules, the Criminal Law Solicitors Association (CLSA) is conducting a disclosure survey. The CLSA has long challenged what it claims to be repeated failures by prosecutors to disclose information on time, […]

Blood on our hands –  part 2

Blood on our hands – part 2

Sir Justice James Munby, who sits as president of the High Court’s family division, in his judgment of 3 August said he felt “ashamed and embarrassed” that no hospital place had been found that could take proper care of an unnamed 17-year-old known as X when she was due to be released from youth custody […]

Blood on our hands –  part 2
“Blood on our hands”

“Blood on our hands”

The nation will have “blood on its hands” if an NHS hospital bed cannot be found within days for a teenage girl, known only as X, who is at acute risk of taking her own life, according to the UK’s most senior family judge. Sir Justice James Munby, who sits as president of the High […]

“Blood on our hands”
Employment tribunal fees

Employment tribunal fees

It is some time since Chris Grayling left the post of lord chancellor but his influence continues to be felt as his poor judgments have to be reversed. Now we have another embarrassing example. In a landmark decision handed down last Wednesday, the Supreme Court, in the case of R (Unison) v Lord Chancellor (2017), […]

Employment tribunal fees
Prison reform

Prison reform

Prison reform was a key element of the Prisons and Courts Bill, abandoned in the run up to the general election. And it was not reinstated in the threadbare Queen’s Speech. In his first public statement since taking up the post of justice secretary, David Lidington has sought to reassure that this apparent dropping of […]

Prison reform
The Supreme Court has ruled

The Supreme Court has ruled

24 January 2017

Parliament must vote on whether the government can start the Brexit process, the Supreme Court has ruled. The judgement means Theresa May cannot begin talks with the EU until MPs and peers give their backing, although this is expected to happen in time for the government’s 31 March deadline. Reading out the judgement, Supreme Court […]

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LASPO Review

LASPO Review

20 January 2017

At last the Ministry of Justice has announced that the government has set the ball rolling on the long-awaited review of its controversial legal aid reforms. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which came into force in April 2013, made savage cuts to the scope of legal aid. Civil legal […]

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Family courts allow abusers to torment their victims

Family courts allow abusers to torment their victims

13 January 2017

The head of the Family Division, Sir James Munby, has called for a bar on victims of domestic violence being cross-examined by the alleged perpetrators in court. The practice is not permitted in criminal courts. He said: “Reform is required. I would welcome a bar. But the judiciary cannot provide this, because it requires primary […]

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Posted in Civil Law, Legal AidComments (0)

Reforming the Advocates’ Graduated Fee Scheme

Reforming the Advocates’ Graduated Fee Scheme

09 January 2017

The MoJ has published a consultation paper on a modernised advocates’ graduated fee scheme (AGFS). The scheme, which was last reformed in 2007, pays criminal defence advocates legal aid for representing those accused of crimes in the Crown court. Introducing the new proposals, justice minister Sir Oliver Heald said: “Our current payment system does not […]

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Posted in Criminal Justice, Legal Aid, Legal ITComments (0)

ECJ Date Retention Ruling Goes Against UK

ECJ Date Retention Ruling Goes Against UK

22 December 2016

The Investigatory Powers Act (IPA) overhauls laws governing how the state gathers and retains private communications or other forms of data to combat crime. Broadband and mobile phone providers are compelled to hold a year’s worth of communications data. Known by critics as the snoopers’ charter, there is serious concern about the number of agencies […]

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Posted in Civil LibertiesComments (0)

The Brexit Papers

The Brexit Papers

16 December 2016

Brexit could undermine London’s status as a highly profitable international legal centre, according to the Bar Council, which represents barristers in England and Wales. The Government must put the public interest at the heart of its Brexit strategy, the Bar Council has warned as it publishes the Brexit Papers, written by members of the Brexit […]

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How went the battle?

How went the battle?

13 December 2016

It is quite something when the deliberations of 11 very senior judges is the hottest ticket in town. There should be twelve judges but at the moment there is one unfilled vacancy. Nevertheless this is the first time that that all Supreme Court members have convened to decide a case. There was standing room only […]

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Posted in Case Law, Law UpdatesComments (0)

Stalking prevention orders

Stalking prevention orders

12 December 2016

Home secretary Amber Rudd has announced that she is to introduce new stalking prevention orders that will give the courts fresh powers to order offenders at an early stage not to go anywhere near someone they have been compulsively pursuing but whom the police do not have enough evidence to charge. In future they will […]

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Investigatory Powers Act

Investigatory Powers Act

30 November 2016

Britain leads the world in the use of CCTV. As a result, surveillance has become an inescapable part of life. Britain has a larger DNA base and more police powers and email snooping than any comparable liberal democracy. This was the very solid base for coalition home secretary Theresa May’s snooper’s charter bill four years […]

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Posted in Civil LibertiesComments (0)

Personal Injuries proposals

Personal Injuries proposals

23 November 2016

In a move described as ‘heavy handed, excessive, and disastrous’ the Ministry of Justice announced last week that it plans to either scrap the right to compensation or, alternatively, put a cap on the amount people can claim for minor soft-tissue injuries. Capping whiplash compensation would see the average pay-out cut from £1,850 to a […]

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Posted in Civil Law, Legal AidComments (0)

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