Legal News Articles
Without statistical support consultation on civil legal aid cut would be unlawful says a barrister (30 May 2013)
PLP the Public Law Project has warned the Ministry of Justice that the lack of data support to its planned civil legal aid cuts would render the consultation unlawful.
In a letter to the MoJ, Martha Spurrier, barrister at the PLP said that the organisation had made a freedom of information request at the end of April to help it respond to the consultation ‘Transforming legal aid’.
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Cash found stashed in a takeaway’s bin while police conducted inquiry on illegal immigrants (30 May 2013)
Police found thousands of pounds in cash hidden beneath rubbish in one of the takeaway’s bins during a raid to nab illegal immigrants at Harbour City in Arbroath.
Three Chinese men were arrested and face deportation following the immigration enforcement operation at the East Grimsby premises.
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The duo who defrauded a student loan company out of £370,000 (30 May 2013)
A student of criminology was jailed for three years after he was found to be partner in a scam which fleeced the Student Loans Company out of £370,000.
Daniel Buchanan, 31, of Downhills Way, and Mustafa Ali, from Shadwell in east London, were leading a high life after submitting scores of bogus applications for student credit.
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A sixteen year old girl forced to marry despite having an order of court designed to protect her (29 May 2013)
A 16 year old girl was allegedly forced to marry a man she had only met once despite being the subject of a court order designed to protect her from being married against her will.
The girl had gone to a police station just after her wedding reception in her pyjamas in a distressed state the court was told. Subsequently her mother and aunt were arrested for allegedly breaching a forced marriage protection order which had been issued in November.
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Restrictions on judicial review process undermines rule of law say barristers (29 May 2013)
Several leading British barristers have warned that reforms of the legal aid system by Chris Grayling, the Justice Secretary would seriously undermine the rule of law.
In a letter to The Daily Telegraph, 90 QCs have condemned the government’s proposals restricting the judicial review process as “unjust”. They suggested that “conscientious and dedicated” public law firms faced the risk of going out of business.
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Five lord justices to deal with expected surge in challenges to Jackson reforms (29 May 2013)
Master of the Rolls, has announced the names of the lord justices who would join him at the Court of Appeal to deal with the expected deluge of challenges over the Jacksons reforms.
The names are Lord Justice Jackson, Lord Justice Stephen Richards, the deputy head of civil justice, Lord Justice Davis and Lord Justice Lewison.
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Payday lenders loaning to under-aged and mentally incapable people says charity (28 May 2013)
According to the Citizens Advice a debt advice charity there emerged fresh evidence that ‘out of control’ payday lenders were loaning money to people who were under the legal age of 18 and who had mental health issues. Read more...
Thousands on bail for long period of time waiting to know if they would be charged or not (28 May 2013)
According to a freedom of information request obtained by BBC there are more than 57,000 people currently on police bail. In one such instance a person who was arrested three and a half years ago was found to be still on bail. Read more...
A man who attempted to get his divorce to his dead wife annulled has been refused appeal permission (27 May 2013)
In a unique case a man who wanted to annul his divorce to his dead wife for two years has been refused his application by a top judge.
The husband Desmond McIntosh, a carpenter, had claimed that he was not aware that he had signed the divorce papers in 2009 as he was dyslexic and had poor literacy skills which led him to sign the divorce papers that had left him with absolutely no capital after the death of his 71 year old wife in February 2011.
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Asylum seekers being treated as luggage says a asylum seeker (27 May 2013)
Multinational G4S and its local housing subcontractor have been twice taken on by an asylum seeker in Leeds and have won. G4S was responsible for housing asylum seekers in the region in June 2012.
Angela along with her young child was moved twice before she has found a place where she and her child are comfortable.
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Unfairly dismissed driver wins discrimination case (27 May 2013)
In a case of unfair dismissal a London bus driver has been awarded nearly £60,000 after it was judged he was unfairly dismissed from his job after developing diabetes.
David Hoggett who worked for Abellio London Limited was diagnosed with Type 2 Diabetes and had responded to medical treatment only after several months but his bosses at Abellio sacked him on ‘medical grounds of capability’.
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A businesswoman has admitted to benefit fraud - given adjournment for pre sentence report owing to her personal circumstances (24 May 2013)
The court has said to Danielle Fisher that all sentencing options would be open to the court after she admitted two sets of offences one of having for sale counterfeit goods and the other relating to housing benefits. Read more...
Early settlement option in cost budgeting scenario should be preferred says district judge (24 May 2013)
District Judge Monty Trent has said that a new funding landscape, success fees and insurance premiums, in most cases – no longer recoverable, damages-based agreements now available in civil cases, referral fees banned in most personal injury cases, and clients now with a financial stake in the funding of their claims the litigation world post Jackson was going to be a different place.
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Landlord would be not made onerous with tenancy check - it would be light touch says minister (24 May 2013)
The residential landlords in the UK were required to vet tenant’s right to live in the UK before agreeing a tenancy under the proposals published in the parliament in Queens’s speech fortnight ago. Read more...
Charging penalties on maintenance is inappropriate says child and family experts (23 May 2013)
Family lawyers and campaigners have criticised UK ministers over the new child maintenance charges which they have warned would financially tax children.
The new guidelines from the Department for Work and Pensions are aimed at reducing the bill met by taxpayers for pursuing fathers to pay maintenance to their wards.
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More women facing insolvency now then any time before says Insolvency Service Data (23 May 2013)
Expensive credit providers and payday lenders who have been ruthlessly targeting young women could be behind the growing proportion of women being declared insolvent.
According to Insolvency Service data, and Data Advice Foundation analysis suggestions women accounted for around 49 per cent of personal insolvencies in 2011 and 2012 and are going to overtake men during 2013.
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A disqualified driver who killed a couple by dangerous driving jailed for 10 years (23 May 2013)
In a motor driving accident case a man who caused the death of a couple by knocking them off their tandem bike with his car while being pursued by police has been jailed for over 10 years.
Ross Simons, 34, and his wife Clare, 30, died at the scene in Hanham Bristol, on 27 January. Last month Nicholas Lovell, 38, of West Street, Oldland Common, admitted two counts of causing death by dangerous driving at Bristol Crown Court.
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High Court rules force sale of homes of a billionaire fraudster who is on the run dodging 22 months jail sentence (22 May 2013)
A High Court has ruled that the homes, worth more than £41million, which were owned by a billionaire fraudster be sold to recover the crime money.
The homes include £ 20m Carlton House on Hampstead’s “Billionaire’s Row” and the 100 acre Oaklands Park estate near Egham in Surrey. The luxury homes contain swimming pools, a helipad, a Turkish bath for 12 and a Thunderbirds style car lift.
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Justice Secretary wants tougher sentence which do not allow prisoners to go free after serving half of their sentence (22 May 2013)
Chris Grayling the Justice Secretary has plans to crack down on criminals who were or are freed from jail halfway through their sentence.
Talking on the requirements to get tough sentencing rules in Britain he said that the inmates were being allowed to walk free from prison early and said he hoped to provide the public with ‘reassurance’ over the coming months.
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Innocent would be found guilty if forced to choose cheapest lawyer 70% of opinion pollsters say (21 May 2013)
According to a Bar Council survey more than 70 per cent of public fear that innocent defendants would be found guilty if forced to choose cheapest lawyer.
More than 70% of the public fear that further cuts to legal aid could result in innocent people being convicted of crimes they did not commit the survey by Bar Council showed..
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Another Afghan asylum seeker fighting last minute removal (21 May 2013)
Deportation of a failed asylum seeker from Afghanistan was being opposed by supporters who are hoping for a last minute victory for him.
Yesterday Abdul Ghafar Rajabali, 23, was moved to a detention centre near Gatwick Airport ready to be flown out of the UK.
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Abu Qatada to stay in the prison till his deportation is facilitated rules Siac (21 May 2013)
The Special Immigration Appeals Commission (Siac) has refused bail of Abu Qatada and have to remain in the Belmarsh high security prison until he returns to Jordan to stand trial on terror charges.
Mr Justice Irwin said Abu Qatada, being detained for the last 12 years as an international terror suspect was still a threat to national security with a wide support network and could not be trusted from being absconding.
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Whiplash claims cuts to be postponed until a verdict by select committee is delivered. (21 May 2013)
The plans to cut whiplash claims is being postponed until after the transport select committee delivers its verdict this summer – the Justice Minister Helen Grant has announced. The select committee is to give its report on the impact of Jackson reforms. Read more...
A councilor is being investigated over benefit fraud charges (16 May 2013)
A councilor for Tilbury Riverside and Thurrock Park has been under investigation for circumstances surrounding housing benefit fraud relating to properties in Tilbury and Loughton.
The opposition councillors had called for an independent review after a leaked council e-mail had suggested that a Labour councillor was being investigated for benefit fraud.
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The girl who was denied surgery because her parents’ visa had lapsed has been operated upon by the hospital (16 May 2013)
In a clinical negligence case a baby who was denied NHS treatment because her parents’ immigration status despite the risk that she could have become paralysed has now been operated upon by the hospital.
Sanika Ahmed was born in Hampshire to Bangladeshi parents but was denied treatement because their visa had expired. The Royal National Orthopaedic Hospital in Middlesex initially refused her treatment.
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A group has been formed to help clinical negligence lawyers cope with Jackson reforms (15 May 2013)
A new group Society of Clinical Injury Lawyers has been formed to help clinical negligence lawyers to cope with the Jackson reforms and LASPO. It has already attracted 100 firms.
The Society of Clinical Injury Lawyers (SCIL) aims to help claimant negligence solicitor’s deal with the complexities of the new conditional fee and ATE landscape, rather than lobby on behalf of victims in the way done by APIL or AvMA.
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Jurors know very little about restrictions on internet use during trial a research finds out (15 May 2013)
A research published recently has said that a quarter of jurors in England and Wales currently were not able to imbibe the restrictions on internet use during trial.
Most of them, 16%, wrongly believe they were not even allowed to check emails while they were doing jury service, alarmingly, 5% believed that there were no restrictions at all on internet use during a trial while 2% believed they can look for information about a case so long as they don’t let it affect their judgment.
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Rent option boosts for single homeless people (14 May 2013)
A cash boost of up to £1 million was announced by Communities Minister Don Foster yesterday to support single homeless people.
It would help the homeless to find a safe and secure roof in privately rented accommodation.
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Troubled families programme on its way says communities minister Eric Pickles (14 May 2013)
Eric Pickles has welcomed the news that more than a quarter of the government’s target 120,000 troubled families were already being worked with. Read more...
Jackson reform was not giving enough damages says an expert (14 May 2013)
A well known academician has warned that the Jackson reforms and extension of the RTA portal would only result in lower damages for clients.
Professor Paul Fenn who is famous for his research for the MoJ on personal injury costs, said there would be earlier and lower settlements of undisputed claims, but a greater tendency to litigate because of the higher costs available outside the portal.
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Powers of tribunals to make wider recommendations in discrimination cases removed (13 May 2013)
Government’s measures to remove the Employment Tribunal’s power to make recommendations to employers that go beyond the specifics of a particular discrimination claim was announced on Friday 10 May 13, 2013 and the same will be contained in a draft Deregulation Bill, to be published during the current Parliamentary session. Read more...
Daniel Morgan’s murder investigation to be reviewed by independent panel set up by the Home Office (13 May 2013)
Theresa May has announced that an independent panel would be formed to review the police handling of the Daniel Morgan murder investigation.
Mr Morgan was killed in south – east London in March 1987 but no one had been successfully prosecuted despite five police investigations.
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A receptionist at a dental hospital wins unfair dismissal case (10 May 2013)
Rachel Carr, 28, a dental surgery receptionist who was threatened by her former boss with sack for eating an apple at the desk has sued her former employer.
She was reprimanded by her managers at the Smile By Smile dental surgery in Sutton Coldfield, West Midlands, for having an apple while she worked.
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Abu Qatada’s lawyers announce the cleric would voluntarily return to Jordan when the treaty between the UK and Jordan is ratified (10 May 2013)
The lawyers of the Islamist cleric Abu Qatada have announced that Abu Qatada would voluntarily go back to Jordan if and when its parliament ratifies a new deportation treaty with Britain. The announcement is a major breakthrough for home secretary who is battling to deport him but has been unsuccessful in her attempts.
The pledge had come with the filing of bail application for Abu Qatada. Whether he would be released on bail by the Special Immigration Appeals Commission (Siac) will be known only on May 20 when the application hearing has been adjourned to.
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Some bills of 15 revealed in Queens’s speech at a glance (9 May 2013)
The victims of mesothelioma who cannot trace their employer or employer’s insurance company could be eligible to receive up to £355m in compensation payments over the next 10 years as a result of a bill in Queen’s speech.
The Mesothelioma Bill would impose a levy on employer’s liability insurers to create a scheme of last resort for around 3,500 sufferers across the UK.
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Drivers to benefit if fraudulent whiplash claims are curbed says a MP (7 May 2013)
A city MP has said that curtailing fraudulent whiplash claims was going to benefit many drivers faced with hefty car insurance premiums.
Alison Seabeck for Plymouth Moor View, member of the All Party Parliamentary Group on Insurance and Financial Services said the problem was so prevalent that it had become a topic of ‘general conversation’.
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A labour MP has called on his party to oppose free movement of workers in EU (7 May 2013)
Following the surge of support to Ukip in the recent elections even the Pro-European business leaders responded by proposing to restrict EU immigrants access to benefits, including a three month qualification period for jobseekers allowance and removal of child benefit for offspring not living in the UK. Read more...
Pressure to perform taking toll on UK employees in committing fraud (7 May 2013)
Economic down turn, pay cuts and pressure to perform was the reason why UK employees were committing fraud says accountancy firm.
According to a research UK employees were driven to commit fraud because they were under pressure to deliver growth despite economic constraints and pay cuts and the new anti bribery laws unable to do anything to put them off.
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A Polish doctor has been found below par to practice (3 May 2013)
A Polish doctor Dr Wlodzimierz Szepielow, a neurologist, was found to be a risk of serious harm to patients by a panel.
He was initially suspended from Ninewells Hospitals in Dundee after the death of one of his patients from a prolonged seizure. He needed 52 per cent to pass a knowledge test last year but achieved only 17.5 per cent. The score was the lowest an assessor with more than 15 years experience could remember.
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Increase in domestic violence in Croydon a cause for concern says the senior most police officer (3 May 2013)
Borough commander Chief Superintendent David Musker has described a sharp rise in domestic violence as hugely worrying factor in Croydon. He told papers that failing to address a 13.4 per cent increase in offences over the past year could have fatal consequences for some victims. Read more...
RTA Portal comes into force from today (1 May 2013)
Chris Grayling the Justice Secretary has said today that the government was turning the tide on the compensation culture.
His comments have come as the big cut in RTA portal fees from 1,200 to 500 was enforced today for claims up to £10,000.
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A man threatening his wife of burning the house down has been given a suspended sentence (1 May 2013)
A man threatened to burn his partner^s home down while she was inside it after she told him she wanted a divorce, a court heard.
Mark Martin who had an affair and child with another woman had his marriage to Jennifer Martin had broken.
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