Caven blog

Caven

NHS pilots mediation service

The National Health Service Litigation Authority (NHS LA) has announced a pilot mediation scheme to resolve patient disputes.

Initially the scheme will be available for claims involving infant or elderly fatalities and care of the elderly.

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Worry over drop in family law cases since the Government’s change to legal aid

CAFCASS (Children and Family Court Advisory and Support Service) figures show a drop in private law cases from July 2013 to July 2014 of 36%.

These cases tend to relate to living and shared time arrangements for children whose parents are separated.

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Bullying partners could face prosecution in the UK under new offence

Home Secretary Theresa May has launched a consultation on the creation of a new offence of domestic abuse. The proposals would include psychological abuse as well as violence.

Domestic abuse is a hugely prevalent crime in the UK. HMIC (Her Majesty’s Inspectorate of Constabulary) figures for September 2012 to September 2013 show that it accounted for 1 million calls to police.

The latest Crime Survey for England and Wales suggests 30% of women and 16% of men will be victims of domestic abuse at some point.

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Magistrates’ fines set to increase by 300% to punish offenders

New proposals are giving magistrates the power to set dramatically higher fines in order to punish and deter offenders.

The fine increases, which are the first since 1991, will see the maximum fine for speeding on a motorway increase from £2,500 to £10,000.

Justice Minister Jeremy Wright said the 300% rise in fines is necessary to help magistrates “deal with the day–to–day offences that impact their local communities.”

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Increased protection for the public from litigation to be enforced

Conservative MP Chris Grayling has announced plans for a new bill to encourage people to help others without fearing being sued.

The proposed Social Action, Responsibility and Heroism Bill (“SARAH”) will allow judges considering someone’s liability for an accident to take into account whether they are:  working “for the good of society”; have acted in a “generally responsible way”; or took action “in an emergency.”

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Google begins implementation of the ‘right to be forgotten’ on its search engine

Google has launched a web-form allowing EU citizens to request that their details be removed from search results. This is pursuant to the ‘right to be forgotten’ ruling by the European Court of Justice on 13th May 2014.

The ECJ has decided that search engines are classified as ‘data controllers’ under EU data protection law. This means that they have to comply with the requirement to remove data that is “inadequate, irrelevant or no longer relevant”.

Google’s attempts to implement a judgement many considered unenforceable will attract considerable interest.

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New Balance to sue fashion mogul Karl Lagerfeld for intellectual property infringements

New Balance is having a fashion moment. Its classic 1970s trainers have been seen on the feet of just about everyone in New York, London and Paris. The brand has enjoyed a huge rise in popularity, going from somewhat nerdy to super cool.

It’s no surprise then that New Balance is more than a little annoyed at Karl Lagerfeld, the head of Paris fashion house Chanel. He has produced a remarkably similar shoe, complete with a ‘K’ logo in place of the iconic New Balance ‘N’.

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University concedes sex discrimination case to male workers

In what is a twist on the traditional assumption in sex discrimination cases, twenty-three men have been successful in their £500,000 claim against a Welsh university.

The men originally worked as tradesmen and caretakers at Swansea Metropolitan University, which merged with the University of Wales Trinity St David (UWTSD).

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Early conciliation for employment disputes is being made a legal requirement on 6 May 2014, but what exactly is it?

There have been a lot of changes made to employment law recently, mainly with the aim of improving efficiency, reducing the number of spurious cases and ultimately saving the government money.

The latest is the introduction of Early Conciliation, a new requirement that must take place before any claim is made to the employment tribunal.

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Prince Charles’ letters: a political and legal drama

The recent (March 2014) saga of Prince Charles’ letters to the UK Government is intriguing from a political perspective, and throws up issues going to the heart of UK constitutional law.

Why is it so important to know what Prince Charles has been writing?

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