http://www.kingsleynapley.co.uk/KohanaPHPSimon Halberstamhttp://www.kingsleynapley.co.uk/news-and-events/blogs/technology-law-blog/malice-through-the-looking-glassThu, 16 May 2013 00:00:00 +0100 “Google Explorers” are, as you read this, walking around modelling and testing Google’s Glass having paid circa $1500 for the privilege. Glass comprises frameless glasses with a tiny computer screen fitted just above the user’s right eye which projects emails, maps, texts, takes pictures and films at a voice command. You may think this sounds a little Minority Report-esque, but these glasses are due to go on sale next year.http://www.kingsleynapley.co.uk/news-and-events/blogs/technology-law-blog/malice-through-the-looking-glassRichard Foxhttp://www.kingsleynapley.co.uk/news-and-events/blogs/employment-law-blog/employment-tribunal-users-meeting-at-london-central-has-the-power-to-surpriseWed, 15 May 2013 00:00:00 +0100 I was fortunate to have attended what turned out to be one of the most interesting meetings of the year.  And get this.  It was the Employment Tribunal Users meeting at London Central.  No really.http://www.kingsleynapley.co.uk/news-and-events/blogs/employment-law-blog/employment-tribunal-users-meeting-at-london-central-has-the-power-to-surpriseRoberta Draperhttp://www.kingsleynapley.co.uk/news-and-events/blogs/technology-law-blog/crowdsourcing-a-great-concept-but-are-you-aware-of-the-legal-risksMon, 13 May 2013 00:00:00 +0100 Crowdsourcing is, as its name suggests, outsourcing work to a crowd. Crowdsourcing is not to be confused with crowdfunding, which is raising capital from a crowd.http://www.kingsleynapley.co.uk/news-and-events/blogs/technology-law-blog/crowdsourcing-a-great-concept-but-are-you-aware-of-the-legal-risksLouise Hodgeshttp://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/no-safe-havens-for-offshore-tax-cheats-hmrc-threaten-criminal-prosecutionsFri, 10 May 2013 00:00:00 +0100 On 9 May HM Revenue and Customs (HMRC) repeated its message that it is in pursuit of those who attempt to avoid or evade tax with an announcement that it is working with US and Australian tax authorities on data which “reveals extensive use of complex offshore structures to conceal assets by wealthy individuals and companies”. Although this material is still in the process of being analysed, HMRC are using the threat of criminal prosecution or significant fines and public naming and shaming to encourage “voluntary compliance and early disclosure of tax irregularities”.http://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/no-safe-havens-for-offshore-tax-cheats-hmrc-threaten-criminal-prosecutionsJonathan Grimeshttp://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/rape-deception-as-to-intention-vitiates-consentThu, 09 May 2013 00:00:00 +0100 In a decision published on 24 April 2013 the High Court took the “highly exceptional” step of ordering the CPS to review its decision not to prosecute in a case involving an allegation of rape. The court gave fresh consideration to the issue of consent and confirmed the principles set out in Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin).http://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/rape-deception-as-to-intention-vitiates-consentVivien Cochranehttp://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/allowing-disproportionate-force-in-self-defence-a-triumph-of-rhetoric-over-reasonThu, 09 May 2013 00:00:00 +0100 The Crime and Courts Act 2013 received Royal Assent on 25 April 2013. Section 43 of the Act amends the current law in relation to self-defence.  What does this mean for self-defence in the home?http://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/allowing-disproportionate-force-in-self-defence-a-triumph-of-rhetoric-over-reasonSarah Harrishttp://www.kingsleynapley.co.uk/news-and-events/blogs/regulatory-and-professional-discipline-blog/general-medical-council-changes-to-fitness-to-practice-rules-are-now-in-forceWed, 08 May 2013 00:00:00 +0100 Important changes to the General Medical Council Fitness to Practise Rules will mean more power to case managers, civil rules of evidence and witness statements in lieu of examination-in-chief.http://www.kingsleynapley.co.uk/news-and-events/blogs/regulatory-and-professional-discipline-blog/general-medical-council-changes-to-fitness-to-practice-rules-are-now-in-forceMaya Silvahttp://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/the-national-crime-agency-a-new-super-prosecutorWed, 08 May 2013 00:00:00 +0100 On 25 April 2012, the Crime and Court Bill 2012-13 received royal assent. Changes of note include the creation of the National Crime Agency (NCA) and the introduction of Deferred Prosecution Agreements (DPAs) in England and Wales which, it is proposed will be used by prosecutors in economic crime cases. http://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/the-national-crime-agency-a-new-super-prosecutorSimon Hardyhttp://www.kingsleynapley.co.uk/news-and-events/blogs/clinical-negligence-law-blog/criticisms-of-the-court-of-protection-are-they-justifiedThu, 02 May 2013 00:00:00 +0100 In an article of 28 April 2013, the Daily Mail continues its campaign against the perceived inefficiencies and failings of the Court of Protection.  Simon Hardy discusses this article and helps demystify the Court of Protection. http://www.kingsleynapley.co.uk/news-and-events/blogs/clinical-negligence-law-blog/criticisms-of-the-court-of-protection-are-they-justifiedAngus Wakemanhttp://www.kingsleynapley.co.uk/news-and-events/blogs/dispute-resolution-law-blog/is-the-financial-conduct-authoritys-redress-scheme-really-offering-redressTue, 30 Apr 2013 00:00:00 +0100 It was reported in the Sunday Telegraph on 21 April 2013 that the Financial Conduct Authority (FCA) (formerly known as the ‘Financial Services Authority’ (FSA)) is facing a claim for judicial review of its Redress Scheme (“the Review”) which was intended to provide redress to individuals and businesses that were mis-sold interest rate hedging products. The FCA took over the Review of interest rate hedging products on 1 April 2013, as a consequence of the Financial Services Act 2012.http://www.kingsleynapley.co.uk/news-and-events/blogs/dispute-resolution-law-blog/is-the-financial-conduct-authoritys-redress-scheme-really-offering-redressClaire Hegartyhttp://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/first-fca-fine-imposed-as-they-continue-fsas-work-in-sanctioning-banks-for-money-laundering-failingsTue, 30 Apr 2013 00:00:00 +0100 On 1 April 2013, the Financial Conduct Authority (FCA) replaced some of the functions of the Financial Services Authority.   On 24 April 2013, the FCA announced that it had fined the EFG Private Bank Ltd (EFG) £4,200,000 for breaches of Principle 3 (management and control) of the FSA’s Principles for Businesses for failures in managing money laundering risks. An early settlement discount of 30% was agreed; without this the fine imposed would have been £6 million. http://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/first-fca-fine-imposed-as-they-continue-fsas-work-in-sanctioning-banks-for-money-laundering-failingsLauren Evanshttp://www.kingsleynapley.co.uk/news-and-events/blogs/family-law-blog/family-justice-reforms-the-demise-of-legal-aid-the-rise-of-the-litigant-in-person-and-what-lies-ahead-for-family-lawMon, 29 Apr 2013 00:00:00 +0100 The government overhaul of legal aid (public funding) came into force on 1 April 2013 and is due to affect the entire justice system.  Criminal barristers have begun striking, court staff are already striking and, with the family court system at breaking point, litigation is becoming even more of a last resort for privately paying clients.http://www.kingsleynapley.co.uk/news-and-events/blogs/family-law-blog/family-justice-reforms-the-demise-of-legal-aid-the-rise-of-the-litigant-in-person-and-what-lies-ahead-for-family-lawAdam Chapmanhttp://www.kingsleynapley.co.uk/news-and-events/blogs/public-law-blog/judicial-review-reform-will-it-workFri, 26 Apr 2013 00:00:00 +0100 Adam Chapman discusses the Ministry of Justice's Response to the Consultation on reforming judicial review.http://www.kingsleynapley.co.uk/news-and-events/blogs/public-law-blog/judicial-review-reform-will-it-workRichard Foxhttp://www.kingsleynapley.co.uk/news-and-events/blogs/employment-law-blog/growth-and-infrastructure-bill-passed-but-at-what-costThu, 25 Apr 2013 00:00:00 +0100 Quite extraordinary developments in the House of Lords last night.  The Growth and Infrastructure Bill passed through the parliamentary “ping pong” process and made it to the Royal Assent stage by the skin of its teeth and only after the Government made concession after concession.  http://www.kingsleynapley.co.uk/news-and-events/blogs/employment-law-blog/growth-and-infrastructure-bill-passed-but-at-what-costKate Paleyhttp://www.kingsleynapley.co.uk/news-and-events/blogs/dispute-resolution-law-blog/professional-negligence-claims-the-breach-must-cause-the-lossThu, 25 Apr 2013 00:00:00 +0100 Negligence claims against professionals, such as financial advisors, solicitors, accountants and surveyors have been on the rise in recent years, and numbers are expected to continue to grow. This is due to an increased reliance on the advice of professionals (in both a personal and business context), claimants’ raised awareness of their legal rights, and the increasingly complex nature of work carried out. Further, in tough economic times, financial losses are often more evident.http://www.kingsleynapley.co.uk/news-and-events/blogs/dispute-resolution-law-blog/professional-negligence-claims-the-breach-must-cause-the-lossJonathan Grimeshttp://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/the-corporate-manslaughter-act-five-years-on-are-the-flood-gates-about-to-openWed, 24 Apr 2013 00:00:00 +0100 This time last year The Corporate Manslaughter and Corporate Homicide Act ("the Act") appeared to have had little effect since coming into force in April 2008. Only two companies had been convicted, Cotswold Geotechnical Holdings Ltd and JMW Farms (a Northern Irish case that followed a guilty plea), and it appeared that there was a lack of appetite by both prosecutors and the police to use the legislation. Twelve months on there are some signs of change.http://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/the-corporate-manslaughter-act-five-years-on-are-the-flood-gates-about-to-openRyan Mowathttp://www.kingsleynapley.co.uk/news-and-events/blogs/dispute-resolution-law-blog/twitter-users-how-to-avoid-ending-up-in-courtWed, 24 Apr 2013 00:00:00 +0100 Lord McAlpine won the first stage of his libel battle against Sally Bercow, the Common’s speaker’s wife, last week. Mr Justice Tugenhadt ruled that the High Court should first decide whether Ms Bercow’s tweet to her 56,000 followers in November 2012 - "Why is Lord McAlpine trending? *innocent face*" – was capable of being defamatory. If Lord McAlpine is successful, the level of damages will be decided a subsequent hearing.  http://www.kingsleynapley.co.uk/news-and-events/blogs/dispute-resolution-law-blog/twitter-users-how-to-avoid-ending-up-in-courtAbby Bucklandhttp://www.kingsleynapley.co.uk/news-and-events/blogs/family-law-blog/universal-credit-to-be-reduced-pound-for-pound-by-spousal-maintenanceMon, 22 Apr 2013 00:00:00 +0100 Labelled ‘the biggest shake up of the welfare system for a generation’, Universal Credit is a new welfare benefit in the United Kingdom that will replace seven of the main means-tested benefits and tax credits. In cases relying upon means tested benefits, family lawyers will struggle to estimate the timing or quantum of any impact upon receipt of benefits or the future entitlement of their client or client’s spouse. It will be crystal ball gazing to attempt to predict with any accuracy the payments that will be received after the changes have been implemented or when they will take effect in the appropriate region. Most crucial, however, is the treatment of unearned income under the new Universal Credit system. There will be a pound for pound reduction in Universal Credit Support for income received from ‘Universal Credit Equivalents’, which includes pension income from early retirement and most notably for family lawyers, spousal maintenance payments.http://www.kingsleynapley.co.uk/news-and-events/blogs/family-law-blog/universal-credit-to-be-reduced-pound-for-pound-by-spousal-maintenanceAdam Chapmanhttp://www.kingsleynapley.co.uk/news-and-events/blogs/public-law-blog/reforming-judicial-review-yet-more-proposalsWed, 17 Apr 2013 00:00:00 +0100 Adam Chapman reviews the Government's further proposals to seek to reduce the number of judicial review challenges that are made.http://www.kingsleynapley.co.uk/news-and-events/blogs/public-law-blog/reforming-judicial-review-yet-more-proposalsStephen Parkinsonhttp://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/heres-a-novel-idea-lets-have-a-prosecutor-leading-the-cpsWed, 17 Apr 2013 00:00:00 +0100 Writing in the Standard this week, Dominic Raab MP called for the Director of Public Prosecutions to be replaced with a criminal prosecutor when his term expires. It is astonishing that such a suggestion needs to be made. Most people would think it entirely obvious that the head of the Crown Prosecution Service, which is responsible for all prosecutions other than a tiny percentage of specialist cases, should have a deep understanding and practical experience of the work that he or she leads.http://www.kingsleynapley.co.uk/news-and-events/blogs/criminal-law-blog/heres-a-novel-idea-lets-have-a-prosecutor-leading-the-cps