The Solicitor - The FindLaw UK Life, Family and Workplace Law Blog

June 2012 Archives

A by-law imposed by the Welsh Assembly banning the landing of salmon and sea trout on the River Wye has been welcomed by the head of the river's watchdog, Dr Stephen Marsh.

The by-law brought in this week forces anglers to return any salmon and sea trout caught to the river, or face a heavy fine.

It is hoped the new legislation will boost declining numbers of the fish in the Wye, which runs from the mountains at Plynlimon in Wales to join the mouth of the river Severn at Chepstow.

The Scottish Parliament has unanimously passed legislation designed to limit the impact of changes to the benefit system by MPs in Westminster on the poorest families north of the border.

A special committee at Holyrood expressed grave concern over plans by MPs in London to radically alter the benefits system by introducing a new Universal Credit.

The Scottish Parliament cannot prevent Westminster legislating on the matter; however, they are free to introduce their own measures to protect Scots from future changes, and have done so in the Welfare Reform (further provision) (Scotland) Bill.

Television physicist Professor Brian Cox yesterday handed a petition to Downing Street calling for a public interest defence in defamation cases to protect the science community from spurious litigation.

Professor Cox heads a group of scientists including Simon Singh and Dr Peter Wilmshurst who argue that the current libel laws hinder debate on important topics which are in the public's best interest including the validity and efficacy of new medical therapies.

Singh was involved in a major libel case in 2010 after commenting on the work of chiropractors in a column in the Guardian newspaper.

The man in charge of reviewing UK terrorism laws has spoken out to suggest that police should consider granting bail to some suspects arrested under the Terrorism Act 2000.

David Anderson QC believes that granting bail may actually be advantageous in some cases and has urged the Government to review the law as it stands.

In his annual report on the use of terror legislation Mr Anderson wrote that it was understandable that key suspects in terror cases were denied bail, but added that the same provisions are perhaps excessive for peripheral players.

Insurance law: Law reform could lead to higher claims

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The Law Commission has recommended that UK insurance law be changed, saying that the present arrangements make it too easy for insurers to turn down legitimate claims.

The current law was enacted in 1906 and states that company insurance policies are invalid unless a business volunteers all relevant information when taking out the policy.

The Commission believes this is too wide a requirement which leaves businesses exposed to risks that they have paid to avoid. They believe that the Government should change the law, so that businesses should only need to provide a fair description of the risk they wish to be covered against and the insurers should then be responsible for requesting additional information before offering a quote.

Hugh Grant has called for European legislators to tackle the issue of media power, continuing his crusade for better regulation of the press.

Mr Grant has played an instrumental role in bringing the media to account for their, at times, shameful practices. He was responsible for secretly taping a former News of the World journalist who revealed crucial information on the extent of the hacking scandal.

However, despite the ongoing and far-reaching Leveson Inquiry into media ethics Mr Grant doubts whether changes can ever be made unless individuals such as Rupert Murdoch face legal limitations on the amount of the media they can control.

Two British computer hackers have confessed to launching attacks on the NHS in the UK, and the CIA in America, with help from internet hacking group LulzSec.

Ryan Cleary, 20, from Essex and Jake Davis, 19, from the Shetland Islands, pleaded guilty at Southwark Crown Court to charges of conspiring to do an unauthorised act to impair the operation of computers.

They admitted using Distributed Denial of Service (DDoS) attacks to flood various websites with traffic to attempt to make them crash.

The International Development Secretary Andrew Mitchell has renewed the Government's pledge to commit 0.7% of GDP to overseas aid, despite the troubled economic climate and worries about the Eurozone.

The proposal had been a manifesto pledge for the Conservatives. Page 117 of their 2010 election manifesto included a line concerning the pledge.

"We will be fully committed to achieving, by 2013, the UN target of spending 0.7% of national income as aid... We will legislate in the first session of a new Parliament to lock in this level of spending for every year from 2013," it read.

Three men were jailed at Southwark Crown Court this month for a combined total of 35 years after being found guilty of a £39m VAT fraud executed on sales of carbon credits.

Sandeep Singh Dosanjh, Navdeep Singh Gill and Ranjot Singh Chahal set up a chain of businesses to import carbon credits from the EU paying 0% VAT.

The group sold the credits on to unsuspecting businesses with VAT added to the bill but failed to pass the VAT collected to the Exchequer.

A former chief legal officer for the United Kingdom, Lord Morris of Aberavon, has spoken out to urge members of the Welsh Assembly to seriously consider the costs associated with the creation of a new, separate judicial system for Wales.

Lord Morris says that proposals to devolve judicial powers to Wales must be considered in light of their costs, adding that it is almost impossible to quantify the amount of work involved in such an operation.

Wales and England have shared a judicial system since 1536.

The UK is facing legal action from the European Commission for avoiding paying £15m in tax on imports of fresh garlic which the UK had previously claimed was frozen. Under EU law frozen garlic is taxed at a lower rate than in the fresh state.

The mistake was revealed after an inspection by the European Anti-Fraud Office in 2006. They revealed the mistake which was committed on imports between 2005 and 2006.

The UK has had several years to make amends, with the European Commission chasing payment since 2008. However, after repeated non-payment of the bill the patience of the Commission has finally snapped, with the launching of legal acti on to recover the monies owed.

The Business Secretary Vince Cable has revealed that the UK Government is to introduce laws which would give company shareholders a veto over executive pay decisions.

The move comes at a time when shareholders are growing increasingly frustrated with the levels of director salaries and bonuses at FTSE 100 companies, which have quadrupled over the past 10 years, despite the modest performance of the businesses concerned.

At present shareholders only have an advisory role on executive pay; they can vote to voice their opinion but it is not binding.

A proposal to fast-track a law making it a criminal offence to pay for sex in Scotland has been rejected by the Scottish Parliament, meaning that the law will now go to public consultation.

The proposal was put forward by Labour Member of the Scottish Parliament (MSP) Rhonda Grant.

This is not the first time the Scottish Parliament has considered introducing legislation in this area. In 2010 a similar proposed law was voted down by ministers who feared that such proposals could drive the sex trade underground, making it more dangerous for those involved.

The founder of government-leaks website 'Wikileaks' last night faced arrest by the Metropolitan Police after breaching the terms of his £200,000 bail.

Mr Assange, an Australian national, is wanted by Swedish authorities investigating allegations that he raped one woman and molested another whilst in Stockholm in 2010.

Mr Assange claims the charges are a fabrication designed to facilitate his eventual extradition to the United States, where he is wanted for publishing thousands of highly confidential military and political communications extracts on his Wikilea ks website.

The body responsible for monitoring legal proposals to deal with the threat of terrorism says that government proposals to introduce greater secrecy into courts in cases which threaten national security can be made to work, despite widespread criticism from politicians and civil liberties groups.

The Justice and Security Bill which has just had its second reading in the House of Lords includes proposals to attempt to protect sensitive security information being aired in open court.

David Anderson QC says the measures included in the bill could be tolerable if, and only if, judges are given the final say on when courts should close their doors.

The Home Secretary Theresa May has been found in contempt of court by the High Court after failing to release an Algerian citizen from prison on time.

Aziz Lamari, 22, first arrived in the UK in July 2009. He was arrested and immediately filed for asylum.

The judge, Barry Cotter QC, described how Mr Aziz had absconded on three separate occasions to September 2009, being arrested in the back of a lorry in Cambridgeshire in August that year and later in Rotterdam. Mr Aziz then failed to attend an asylum interview in October.

Organ donation: Welsh Assembly publishes 'opt-out' bill

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The Welsh Assembly Government has published a draft bill which will for the first time make Welsh citizens organ donors by default.

The so-called opt-out system of organ donation assumes that all citizens are willing to donate organs upon their death, unless they make an application to opt-out of the system.

Countries including Spain and Austria already use opt-out systems, and have some of the highest rates of organ donation in the world.

Tony Nicklinson, the man with 'locked-in syndrome' who is challenging the law to allow a doctor to help him die, has revealed that he may say goodbye to friends and family on Twitter.

The 58-year-old is currently embroiled in a legal battle over his right to self-determination. Mr Nicklinson was paralysed from the neck down since he suffered a stroke in 2005. He is unable to talk, and can only communicate with the outside world by flicking his eyelids.

His case is due to be heard in the High Court this week.

The Government has announced that it plans to adopt an EU-wide change in the law which would permit animal testing on stray dogs and cats, under limited circumstances.

The change will come into effect next January as part of EU directive 2010/63/EU. The directive is generally aimed at providing higher welfare standards for animals across the EU but one provision could open the door for scientific testing on strays in special circumstances.

These were identified in a government-consultation document on the topic to include essential studies relating to the health and welfare of the animals in question, or serious threats to the environment or to human or animal health.

A leading law firm in the North-West has launched a loyalty card for business clients which will allow them to access free legal advice and reduced-cost services in exchange for points collected on their cards.

The loyalty scheme is being launched by Liverpool-based Maxwell Hodge, and will be referred to as the Max Card. The company is hailing the development as a 'revolution' in the legal services industry which is estimated to be worth over £24bn to the UK economy each year.

Corporate customers of Maxwell Hodge will collect points on their cards whenever they access paid-for legal services and legal advice. As with supermarket loyalty schemes, the points will build up entitling the client to free or discounted services later on.

The Government has defended its plans to extend police powers which would allow them to access telephone and email records, despite fears that it would lead to further invasions of privacy.

The Home Secretary Theresa May claims that the new so-called 'snooping laws' are necessary to help protect law-abiding UK citizens, and claimed that they could be used in future to break paedophile rings like that exposed recently in Rochdale.

The new laws would oblige telephone and internet providers to record customer phone calls and save emails sent and websites visited. However, the data would only be accessible by police, the security services and the Inland Revenue, allaying parliamentary fears that it could be abused by councils and other agencies.

The Law Society, the body which represents solicitors in England and Wales and is a powerful voice on legal matters has backed the Government's plans to legalise marriage for same-sex couples.

The support comes in a week when the proposals have been in the spotlight, after the Church of England said that it would refuse to conduct gay marriage ceremonies even if the law was changed.

Jim Wotton is the President of the Law Society.

The Government has unveiled a consultation on its proposals to amend family law on parental contact after divorces and separations involving children. The proposals are aimed to enhance provision for equal parenting, allowing both parents rights to maintain contact with their children.

The proposed new rules will impose a presumption on courts dealing with contact cases that a child's welfare is best served by maintaining contact with both parents, except in cases where this may put the child or children at risk.

The plans appear to stop short, however, of a presumption of equal parenting which has been advocated by some.

The tax-avoidance campaign group UK Uncut has won permission from the High Court to pursue a judicial review of a so-called 'sweetheart' deal between Her Majesty's Revenue and Customs and the world's largest investment bank, Goldman Sachs.

Sweetheart deals are struck between organisations and involve offering favourable terms in the interests of longer-term cooperation.

However, the current economic climate, with unemployment high, cuts on public spending and rising taxes has prompted some to look more closely at the deals struck between the Inland Revenue and big businesses.

Internet law: Internet 'trolls' will face tough laws

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Ken Clarke, the justice secretary, has revealed plans to force website operators to reveal the identity of users who post abusive and defamatory comments against others online.

The proposed approach has been announced in advance of the second reading of the Defamation Bill, which is scheduled in Parliament next week, and comes in the wake of several high-profile 'online abuse' cases.

This week a woman abused online won the right to receive the IP addresses and subscriber information of trolls who ruthlessly abused her on the social networking site, Facebook.

The Government has announced a consultation into new laws aimed at preventing tax avoidance; however, they will be less comprehensive than those enacted by other countries.

The consultation follows an independent review led by Graham Aaronson QC.

Tax avoidance measures have become a focus for governments who have faced criticism that they have enacted harsh austerity measures without tackling the issue of legal non-payment of tax by companies.

The Care Minister Paul Burstow has announced plans to introduce a new law to ban doctors from denying treatment to elderly patients simply because of their age.

The new law will come into effect this October as part of the Equality Act 2010.

The minister also announced plans to impose a legal duty on carers and nursing staff to consider the "wellbeing and dignity" of elderly patients.

The Home Secretary Theresa May has announced plans to challenge the application of human rights laws by UK courts in cases involving the deportation of foreign nationals who have committed crimes.

In a statement to the House of Commons yesterday, May announced a debate in Parliament in the coming week to argue for the introduction of new guidelines for judges applying human rights law in immigration cases.

She said that the use of article 8 of the European Convention on Human Rights, which gives a right to family life, should only be a qualified right and should not apply to foreign nationals who commit crimes in the UK.

The Government has confirmed that it will enact new legislation to give carers in England legal rights for the first time.

It is estimated that some 1.25 million people in the UK spend at least 50 hours per week caring for a family member.

The proposals are due to be published this month after recommendations from the Law Commission. It is thought that the new law will oblige local authorities to look after carers, by providing support, education and training and respite care options to allow them a break.

The British Olympic Association (BOA) may face a legal battle over its decision to end a competitor's hopes of competing in this summer's London Olympic Games.

The world number one in taekwondo Aaron Cook was not selected by British Taekwondo, despite being ranked number one in the world and having defeated ten of the world's best 15 fighters in the 80-kg category at which he hoped to compete this summer.

British Taekwondo has instead selected Lutalo Muhammad, ranked number seven in the world, at the third time of asking. The fighters have won one bout a piece in competition this year.

A new law which is designed to protect the privacy of internet users has had little effect on websites, according to a survey by accountancy firm KPMG.

The European Union directive on online privacy came into force here in the UK on 26 May and requires websites to notify their users of their intention to use 'cookies' when they browse their site.

Cookies are small software files installed by a website onto a user's computer to monitor the use of the site and to feedback other information. Some cookie data is then sold by websites to allow others to target advertising according to your browsing habits.

Politicians from across the political divide in America have spoken out to voice their opposition to European Union plans to force airlines to purchase 'carbon credits' in a bid to reduce greenhouse gas emissions.

The Emissions Trading Scheme is the largest scheme of its kind in the world, and covers major carbon dioxide producers across all 27 EU member states plus Iceland, Norway and Lichtenstein. Businesses included in the scheme include factories, large businesses and power generators.

The scheme works by allocating countries a carbon allowance, in the form of permits which allow businesses to produce a set amount of harmful gases. The output of these major carbon producers has been monitored since 2005.

The Home Secretary Theresa May will this week unveil plans to crack down on forced marriages, with some commentators anticipating that it is about to be made a criminal offence, after a Home Office consultation looking into the matter concluded at the end of March.

The coalition government has taken a tough line on forced marriages, with David Cameron stating last year that the practice amounted to little more than 'slavery'.

The Home Office launched their consultation looking into whether the practice should be subject to a specific criminal offence last year, after statistics from the Forced Marriage Unit revealed that the practice was on the increase.

A top City lawyer appearing at an employment tribunal lost her job after unveiling corruption at Ako Law in Tanzania.

Krista Bates van Winkelhof told an Employment Appeals Tribunal that she was fired from her £200,000 per year job at city-based international law firm Clyde & Co after revealing that clients of an associated African firm, Ako Law, were paid bribes to bring in their business.

Ms Winkelhof is a high-flying lawyer who has previously worked at magic-circle firm, Linklaters. She left to join rival firm Shadbolts in 2005 and was later seconded to Tanzania.

The mayor of New York City in the United States, Michael Bloomberg, is seeking to ban supersize sugary drinks in the city in a bid to tackle worsening public health.

However, the move looks likely to draw legal challenges from the powerful fast-food lobby and could yet be defeated.

Obesity is a global problem causing an enormous number of health issues including heart disease, strokes and diabetes. The cost of diabetes to governments is spiralling out of control, prompting many to look to innovative ways to tackle the issue.

Singapore, once a British colony, is today one of the richest countries on earth which the World Bank describes as one of the easiest places in which to do business.

Now the Government are turning their sights on the global legal industry, and are extending a welcome to big foreign firms looking to locate into the region.

In order to operate in the country, law firms must be licensed as a Qualifying Foreign Law Practice or QFLP.

Investment banks Goldman Sachs and JP Morgan, who were both involved in the Facebook listing last month, have come under further intense scrutiny this week after it was revealed that both banks may have helped to fund shorting of the stock by hedge funds.

The Facebook Initial Public Offering (IPO) was the biggest in stock-market history, and valued the company at just over £100bn with shares opening at $38.

However, the IPO has also proved to be one of the most controversial.

A former Essex county bowler and a sports agent have lost their appeals against convictions for 'spot-fixing' in matches.

Agent Mazhar Majeed from Croydon and cricketer Mervyn Westfield were found guilty in separate cases of so called 'spot-fixing'.

Spot-fixing occurs when sportsmen agree to deliberately cause a particular event to happen during a match in return for money generated from betting by those who know that the event is going to take place in advance.