Issue number 7316

Hard times, hard choices
The decision by Heather Mills to sack her lawyers and conduct her own case against her former husband, Sir Paul McCartney highlights basic questions about our judicial system.
11 Apr 2008

Statwatch
Charities Act 2006, Clean Neighbourhoods and Environment Act 2005, Housing Act 2004
11 Apr 2008

News
Family justice record under attack Criminal unified contract launched Stage set for UK plea negotiations
11 Apr 2008

News
LSC ploughs on with “flawed” VHCC scheme, Ceasefire called on unified civil contract
11 Apr 2008

In Brief
STRONGER SUPPORT, BUNFIGHT HALTED, DAMAGE CONTROL
11 Apr 2008

In Brief
EASIER EASEMENTS CPS SPOTLIGHTED TARGET TROUBLES
11 Apr 2008

Don't blame me
IN BRIEF The new offence of corporate manslaughter will become available as a coroner’s verdict and apply to NHS organisations, as Crown immunity will no longer be a defence. There must be a temptation in any fatal case to prosecute the doctor, the organisation and the manager, to secure at least one conviction, with the risk that all will blame each other.
11 Apr 2008

Raising the bar
IN BRIEF The decision in Conn has successfully prevented claimants trying to use harassment law to pursue stress claims. The only difference between the civil and criminal offences under PHA 1997 is the burden of proof. Are low threshold offences like passive stalking no longer caught by PHA 1997?
11 Apr 2008

Going stateside
KEY POINTS It is possible to extradite individuals who engaged in price-fixing activity prior to 2003 where some other aggravating feature (such as fraud or dishonesty) is also alleged in relation to the individuals’ actions. While Council Regulation 1/2003/EC requires that member states nominate the agencies responsible for enforcing competition law domestically, there is nothing to prevent any additional dishonesty involved in the formation or operation of the price-fixing agreement forming the basis of a criminal charge that can be heard by the courts in the first instance. Despite agreeing with Ian Norris that no common law cartel offence exists in England and Wales, the House of Lords has referred the question of whether other counts on the US indictment, which include obstruction of justice and tampering with documents, are sufficiently proportionate to justify his extradition. So, despite no aggravating feature of the offence being alleged on the US indictment or extradition papers, Norris may yet lose his battle not to be tried on price-fixing charges in the US.
11 Apr 2008

DNA Discrimination
IN BRIEF In S and Michael Marper v UK, the claimants argued that by retaining their DNA the government was treating them like convicted offenders as opposed to other innocent persons whose DNA information is not on the database. There is no definitive data available on whether persons arrested but not proceeded against are more likely to offend than the population at large. The real issue as to whether retention breaches Arts 8 and 14 of the Convention is not whether DNA retention is necessary but rather to what extent it is so.
11 Apr 2008

The five-day countdown
IN BRIEF Check the documents—mistakes may be fatal to the lender’s case. Act quickly—you may only have a few days to protect the borrower. Make full use of the new unfair relationship provisions.
11 Apr 2008

Ripe for Reform
KEY POINTS During the Law Commission’s recent consultation period in respect of its paper on Misrepresentation, Non-Disclosure and Breach of Warranty by the Insured, Davies Arnold Cooper surveyed market opinion as to how the industry participants viewed the commission’s proposals for reform. The survey generated responses from respondents at 41 UK-based and global companies operating in the London insurance market, with a combined total of more than $60bn in annual revenues. 80% of respondents are in favour of reform in principle and two-thirds expressly agree with the reforms proposed by the Law Commission. By far the biggest drivers of insurance law reform are seen as the need to eliminate the perceived bias English law has in favour of insurers and the need to modernise the law. 60% of respondents say that making the broker the agent of the insurer will reduce the number of insurers that brokers work with. Most (58%) think it will lead insurers to avoid using some brokers and so it will impact across major areas such as supply, demand and pricing, contract terms and, inevitably, disputes relating to them.
11 Apr 2008

• 1
• 2
• next ›
• last »