Legislation

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. 

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 

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 

The recent reforms in the area of fraud and financial crime amount to little more than re-arranging the deck chairs on the Titanic, writes Jonathan Fisher QC. More radical reform to the statutory framework is required 

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 

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. 

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: 

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

The Government is to drop the controversial clause in the Coroners and Justice Bill allowing public bodies to share information on individuals.

• Council framework decision on the organisation and content of the exchange of information extracted from criminal records between Member States; and  
• Council Framework Decision on “in absentia judgments”, amending 5 existing decisions, including the EAW so as to enhance procedural rights.