Tony Nicklinson is severely disabled after he suffered a stroke six years ago, which paralysed him from the neck down. He now wishes to die with the help of a doctor and is asking the Family Division of the High Court to allow his wishes.
He is seeking for the court to grant the defence of necessity to any medical professional assisting him, who otherwise risks being prosecuted for murder. (more…)
A global dispute over patents is taking place between Samsung and Apple. The companies are involved in legal battles in several countries concerning similarities of some of the companies’ products.
Yesterday, a Federal Court in Australia lifted an injunction imposed on the sale of Samsung’s Galaxy product. (more…)
A significant number of extra judges have been hired across the country in order for the courts to deal with the great number of appeals being brought by individuals taken off benefits. At the moment, these appeals can take around twelve months to be processed, during which the individual still receives benefits. It is hoped that the additional judges will help to get appeals heard more quickly.
However, the additional judges are not only here to serve individuals with faster access to justice. The Government hopes that their work will create significant financial savings. The high case-load is expensive as benefits must be paid out until the appeal has been settled. As such, the Government is struggling to implement its savings on the Welfare Bill. (more…)
Lord Justice Jackson addressed the matter of e-disclosure in his seventh lecture on implementing his proposed reforms to civil litigation. Jackson noted that legal professionals need to become better in dealing with e-disclosure as failure to do so will effectively waste financial resources.
Presently, Jackson noted, “Relatively few solicitors and even fewer barristers really understand how to undertake e-disclosure in an effective way”. E-disclosure relates to the management of electronic documents in civil litigation proceedings. (more…)
With the high rate of youth unemployment and changes to parliamentary expenses Westminster MPs have increasingly recruited unpaid interns. However, there is concern that this will create a political landscape which only those from wealthy backgrounds can enter. Additionally, legal advice produced for MPs reveals that such practices might violate minimum wage law.
The Guardian newspaper has come across internal legal advice issued to MPs, which states that many interns would probably qualify as workers. As such, they would qualify to be renumerated with the national minimum wage. (more…)
The Government’s reform to litigation funding is having an impact on both private individuals and companies. As this blog has previously reported, the prospect of no-win, no-fee arrangements not being available for defamation cases is worrying many individuals. The decreased availability of conditional fee agreements also has implications for companies as many businesses are finding it difficult to fund their commercial disputes.
The gap in available funding created by the Government’s reform, and the prospect of profitable commercial law judgments, has made some companies interested in third-party litigation funding. (more…)
The availability of expert evidence in court proceedings can significantly impact a case’s outcome. However, due to the Government’s funding cuts, expert witnesses are concerned that their services will no longer be available.
After proposals which will decrease the fees paid to expert witnesses, the Consortium of Expert Witnesses in the Family Courts is considering legal action. For professionals who give evidence in trials taking place in the capital, the new policy will see these receiving a lower fee than they would for appearing in proceedings in other parts of the country. (more…)
The Government has been accused of obstructing justice and putting society’s vulnerable members at risk with its proposed reforms of the criminal justice system. This week, it had to reconsider some of its measures, as they prevented the Government from getting a bill passed in the House of Lords.
In its “bonfire of the quangos”, the Government had campaigned for the abolition of the Chief Coroner and the Youth Justice Board (YJB). However, after the two proposals threatened the success of the Government’s Public Bodies Bill, in the House of Lords, both policies were scrapped. (more…)
In 2010 the UK Border Agency implemented a policy that allowed for the quick removal of migrants whose claim to enter or remain in the country had been refused. Under the policy, such migrants were given less than 72-hours’ removal notice.
The policy was challenged by the charity Medical Justice and was quashed by the High Court last year. The judge, Mr Justice Silber, considered that removal notices which took effect within 72 hours after they had been issued prevented access to court. (more…)
The Government had previously announced that, as part of its spending cuts, it would scrap the position of Chief Coroner. The suggestion was supported by the Prime Minister, David Cameron, and the Justice Secretary, Ken Clarke.
However, after pressure from families of bereaved soldiers and the Royal British Legion, Clarke yesterday announced that the position would remain in place. (more…)