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Joint enterprise law wrongly interpreted for 30 years, Supreme Court rules

The law which has allowed people to be convicted of murder even if they did not inflict the fatal blow has been wrongly interpreted for more than 30 years, the Supreme Court has ruled. The joint enterprise law has been used to convict people in gang-related cases if defendants "could" have foreseen violent acts by their associates. However, judges ruled it was wrong to treat "foresight" as a sufficient test. Their decision could pave the way for hundreds of prisoners to seek appeals. It will apply in England, Wales, Northern Ireland and most UK overseas common...

20 February, 2016 / 0 Comments
Modern legal framework needed for UK elections

Simplified legislation will make it easier for candidates and voters to challenge election results The UK is in need of a modern legal framework to govern the conduct of elections and referendums, according to a new interim report published today. The Law Commissions of England and Wales, Scotland, and Northern Ireland have recommended the process for challenging elections should be modernised, making it easier for parties to understand and use, and that judges be given the power to limit the potential costs for challengers. UK electoral law is spread across 40 Acts -...

07 February, 2016 / 0 Comments
‘EU-US Privacy Shield’ in, ‘Safe Harbour’ out

New pact hopes to ensure stronger data transfer protections for EU citizens The European Commission (EC) and the United States have reached an agreement on a new EU-US Privacy Shield to protect the transfer of EU citizens' data overseas. The announcement comes almost four months after the European Court of Justice ruled the old Safe Harbour framework invalid. On 2 December, commissioner Věra Jourová received a mandate to pursue the negotiations on a renewed and safe framework with the US. In a statement released by the EC, the new arrangement will provide stronger obligations on...

07 February, 2016 / 0 Comments
Law Society opens applications for diversity scheme

Exceptional students' will be rewarded for demonstrating high standards, says president From today, the Law Society Diversity Access Scheme (DAS) is welcoming applications from aspiring solicitors trying to conquer adversity and achieve their career dreams. DAS hopes to improve social mobility in the legal sector by supporting high-performing people who have faced exceptional social, educational, financial, or personal obstacles to qualification as a solicitor. Law Society president Jonathan Smithers expressed delight at the announcement: 'It takes commitment to education and training to qualify as a solicitor and it is right that high standards for entry...

07 February, 2016 / 0 Comments
Supreme Court grants shared residence for left behind mother

Humane and modern judgment is of huge practical significance, says intervener lawyer The Supreme Court has allowed a majority appeal granting a mother shared residence of her daughter (B) after a long-standing custody battle against the birth mother. Lord Wilson gave the leading judgment in a case which hinged on whether B had remained 'habitually resident' in the UK when her birth mother took her to live in Pakistan. The case concerned the family of a 7-year-old child (B) who was taken to live in Pakistan on 3 February 2014 by her birth mother, one...

07 February, 2016 / 0 Comments
Public support for independent regulation of solicitors

Take the opportunity to consolidate the regulatory maze, says the Law Society Four in five people want solicitors to be regulated independently, new figures reveal. In research commissioned by the Solicitors Regulation Authority (SRA), over 86 per cent of respondents said solicitors should be regulated - topping doctors (85 per cent), dentists (82 per cent), and accountants (81 per cent). Seven in ten respondents said they would feel more comfortable making a complaint if the regulator was fully independent of solicitors. Meanwhile, three in four supported government proposals to make the profession's regulator...

26 January, 2016 / 1 Comment