Legislation

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ECJ JUDGMENT ON MAXIMUM HARMONIZATION UNDER THE UNFAIR COMMERCIAL PRACTICES DIRECTIVE - ECJ JOINED CASES: 261/07 AND 299/07

The judgment reconfirms the Unfair Commercial Practices Directive 2005/29/EC as a maximum harmonisation directive, holding that Member States may not adopt measures that are more restrictive, even in order to ensure a higher level of consumer protection. http://curia.europa.eu/en/actu/communiques/cp09/aff/cp090031en.pdf 

31 May 2009
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Taking Liberties?

Jodie Blackstock explores the issues raised by the European Framework Decision on Racism and Xenophobia and argues that tangible curtailments to freedom of speech could follow 

31 May 2009
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Chambers for the ?Next Generation

Alexander Learmonth and Adam Baradon consider what the proposed new structures for chambers will mean for future recruitment to the Bar.  

The Legal Services Act 2007 opened the door to barristers practising in partnership with one another (BOP) or with other legal professionals in a Legal Disciplinary Partnership (LDP). The Bar Standards Board consultation on this ended  on 1 March 2009. It focused on the competition law aspects. The Law Society has already started accepting applications from solicitors’ firms who wish to include non-lawyer managers or to become “recognised bodies” and 14 LDPs officially came into being on 31 March 2009. 

31 May 2009
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AUTHENTIC ACTS

Despite the EP and French EU Presidency’s calls in late 2008 for rapid consideration of a legislative measure on the recognition and enforcement of authentic acts, the Commission has said that it will not issue a consultation before early 2010. When it does, the scope of the paper will likely extend to equivalent, non-notarial acts. That said, reference is made in the Brussels I review, so a watchful eye is on that. 

31 May 2009
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MOTOR INSURANCE UNDER ROME II – COMMISSION CONSULTATION

The Commission has just completed an important consultation on the effects of the application of foreign law on claims arising from cross-border road traffic accidents, currently dealt with under Article 4 of EC regulation 864/2007 (applicable law in non-contractual matters, aka “Rome II”). The Bar Council responded.
http://ec.europa.eu/internal_market/consultations/2009/crossborder-accidents_en.htm 

31 May 2009
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Bar Council remains concerned over some aspects of the Coroners and Justice Bill

THE Coroners and Justice Bill has begun its Report Stage in the House of Commons. The Bar Council, and the Criminal Bar Association, have welcomed Government concessions in relation to information sharing and in putting the decision for an inquest to be held without a jury into the hands of judges rather than the Secretary of State. 

Further improvements can be made to this important Bill. These have been set out in a briefing paper sent to Parliamentarians, which draws their attention to those aspects of the Bill which could usefully be amended. The provision of public funding for bereaved families and other interested parties at inquests has not been properly addressed in this Bill. The absence of public funding for those going through the inquest process means that the majority of bereaved families and other interested parties will either have to pay privately for their representation, or rely on the pro bono efforts of the Bar or other legal professions. This situation is in stark contrast with the provisions for organisations such as Government Departments, the Police or the Prison Service, all of whom are often represented by lawyers paid for at taxpayers’ expense. Commenting on the Coroners and Justice Bill, Peter Lodder QC, the Chairman of the Criminal Bar Association, said: 

30 April 2009
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Law Commission fears over criminal expert evidence

Current laws on admissibility of expert evidence in criminal trials are “unsatisfactory” and may have led to miscarriages of justice, according to the Law Commission. 

30 April 2009
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Embracing regulatory change

Regulation is not about consensus, Sir David Clementi told the audience at the second annual Clementi Debate. 

30 April 2009
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PROTECTION OF THE ENVIRONMENT THROUGH THE CRIMINAL LAW

Directive 2008/99/EC, whereby criminal sanctions can be applied for breach of environmental measures (Official Journal L 328 of 06/12/08 ), entered into force on 26 December 2008, and must be implemented into Member States’ law by the end of 2010. 

31 March 2009
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GUIDANCE ON ROME II – APPLICABLE LAW IN NON-CONTRACTUAL MATTERS

The Rome II regulation on applicable law in non-contractual obligations, definitively adopted in July 2007, entered into force on 11 January 2009. The Ministry of Justice has recently issued guidance on its application: 

http://www.justice.gov.uk/publications/guidance-rome-ii-non-contractual.htm 

  

31 March 2009
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Chair’s Column

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Outreach and collaboration at home and abroad

Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad

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