Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

17 July 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

 

InfoUpdate 15 of 2009
Useful Links
and Items of Interest 
 

United Kingdom

Banking

Bank boards 'come under scrutiny' - 6 July
The boards of UK banks and the role they played in the credit crisis are expected to come under scrutiny in a report due out later on Thursday. Analysts say the review of corporate governance, by ex-City regulator Sir David Walker, may pave the way for boardroom practices to be overhauled. The report, commissioned by the Treasury, is expected to focus on the way risk is managed at banks. - BBC News website

Courts

Magistrates angry over cuts as on-the-spot fines replace court hearings - 10 July
Magistrates are angry that they are being made to carry the brunt of cuts because their workload is being diverted away from the courts. They say that increasing numbers offenders are being dealt with by "on-the-spot" fines and cautions - almost half of all offences are now dealt with in this way. Meanwhile, lawyers report crimes being undercharged or simply cautioned, allowing serious offenders to walk away. The workload of magistrates has dropped by an average of eight per cent, while that in the Crown Courts has risen. - Times Online website

Pair jailed for web race crimes - 11 July
Two men have been jailed after becoming the first in the UK to be convicted of inciting racial hatred via a foreign website. Simon Sheppard received four years and 10 months and Stephen Whittle two years and four months. The men printed leaflets and controlled US websites featuring racist material. They fled to the US after being convicted at Leeds Crown Court last year, but failed in an asylum bid. - BBC News website

Father who found son dead in caravan park pond must repay £25 000 - 14 July
A father who was left traumatised after discovering the lifeless body of his two-year-old son in a pond at a holiday park has been ordered to repay £25 000 compensation awarded against the site’s owners. - Times Online website

Mother wins Snatch vehicle review - 10 July
The mother of a soldier killed in Iraq has won the right to a judicial review of the government's refusal to hold a public inquiry into Snatch Land Rovers. Susan Smith, whose son Phillip Hewett died in 2005, is challenging the use of the vehicles in Afghanistan and Iraq. But Mr Justice Mitting said the review would not cover the present and future use of the lightly armoured vehicles. They have been criticised for offering poor protection from bomb blasts. - BBC News website

See also :

Families to sue for forces deaths - 19 June
BBC News website
[InfoUpdate 12 of 2009]

Mother of British soldier killed in Afghanistan accuses politicians of 'feathering their own nests' - 17 July
The mother of a British soldier killed in Afghanistan has called on politicians to stop "feathering their own nests" and concentrate on making sure troops have the best equipment possible. Caroline Munday broke down in tears at her son's inquest in Leamington Spa as she spoke of the "hellish" conditions service personnel are facing in Afghanistan. - Telegraph website

Criminal Justice System

Legal aid for prisoners to be capped as Jack Straw criticises lawyers - 16 July
Prisoners are to be blocked from seeking legal aid to bring "trivial" cases against the Prison Service under plans to be announced by the Government today. Jack Straw, the Justice Secretary, is to act after a series of claims, including one in which a prisoner won a legal battle to have his haircuts paid for by the state while on day release. Last year taxpayers footed a £1 million compensation bill after almost 200 drug-addicted prisoners sued the Government, claiming that denying them a heroin substitute breached their human rights. And two years ago a murderer who sexually assaulted his victim as she lay dying demanded £50 000 in compensation after having to "slop out" his prison toilet. - Times Online website

Legal aid cuts : how you could be acquitted and still face huge bill for costs - 17 July
Plans to reform the legal aid system and cut almost £200 million from its budget have brought warnings of a two-tier justice system: one for the rich and another for the poor. For the first time, acquitted defendants in criminal trials will have to bear the bulk of their costs if they instruct someone other than a legal aid lawyer to defend them under the reforms. - Times Online website

Cost ceiling means defendants who win their cases may face a big bill - 17 July
Defendants face being the victims of miscarriages of justice under proposals to cap the costs that they can recoup after being acquitted, lawyers warn. People who want to pay privately for a defence lawyer would only be reimbursed at legal aid rates if acquitted - often about a third of the fees that they will have paid out. Defendants who are acquitted can currently reclaim their full fees, which costs the taxpayer £60 million a year. The Ministry of Justice says that placing a ceiling on the amount that they receive will save up to £25 million a year. - Times Online website

Environment

Britain's dirty little secret as a dumper of toxic waste - 18 July
Britain was accused yesterday of dumping toxic household and industrial waste in developing countries on two continents in breach of an international convention. The Government last night was considering tightening the enforcement of rules after the discovery of hazardous medical and electrical waste in Brazil and Ghana. - Times Online website

See :
Brazil anger over toxic UK waste

'Dirty tricks' over toxic waste - 13 May 2009
BBC News website
[InfoUpdate 11 of 2009]

Government

Lord Chief Justice warns of dangers over MPs' expenses body - 15 July
Britain's most senior judge gave warning last night that plans for an independent body to oversee MPs' expenses risked a "dangerous" conflict between judges and Parliament. Lord Judge, the Lord Chief Justice, said that in his view, Britain's constitutional arrangements made it "imperative that ultimate responsibility for the governance of Parliament should remain with Parliament". The Parliamentary Standards Bill, now going through Parliament, will create an Independent Parliamentary Standards Authority to scrutinise MPs’ allowances in the wake of the Commons expenses scandal. - Times Online website

Home Affairs

Proposed changes to the law on British citizenship - 15 July
The Borders, Citizenship and Immigration Bill is currently being considered in Parliament. Within the Bill, the Government is planning to make changes to British nationality law. One of these changes will be to amend the British Nationality Act 1981 so that children born in the United Kingdom to a parent in the armed forces will be a British citizen. - eGov Monitor website

Human Rights

Iraqi interpreters employed by British to sue over lack of protection - 15 July
About 25 Iraqis, mainly interpreters, employed by British Forces in Iraq are to take legal action against the Government for allegedly failing to protect them from militias that regarded the men as traitors. The group members, who failed to benefit from an assistance scheme offered by Britain, said that they were owed a duty of care. - Times Online website

Labour Issues

End of retirement age signalled - 13 July
A review of the default retirement age, which allows employers to compel staff to retire at 65, is to be brought forward by a year, the government says. BBC home editor Mark Easton said ministers had effectively signalled an end to the default retirement age. Ministers said they had brought the review forward to respond to changing demographic and economic circumstances. Explaining the change in the timing of the review, Prime Minister Gordon Brown said : "Evidence suggests that allowing older people to continue working, unfettered by negative views about ageing, could be a big factor in the success of Britain's businesses and our future economic growth". The business group, the CBI, said : "Having a default retirement age helps staff begin the process of deciding when it is right to retire, and helps firms plan ahead with more confidence". It added that its research had suggested that 81% of those who asked their employer to keep working had been allowed to do so. Separately, the Court of Appeal will hear a legal challenge to the default retirement age this week in a case backed by the Equality and Human Rights Commission. A solicitor, Leslie Seldon, believes he was discriminated against on the grounds of age when he was not permitted to work beyond the age of 65. He says he needed to go on working to support his family. - BBC News website

Solicitor Leslie Seldon's retirement age challenge at appeal court - 13 July
A solicitor who was forced to leave his job at the age of 65 will bring a test appeal today in the first challenge over compulsory retirement to reach the Court of Appeal. Leslie Seldon’s claim that he was discriminated against on grounds of age has such wide implications that two government bodies have stepped in, one on either side. Mr Seldon, who is 68, is being backed by the Equality and Human Rights Commission, which argues that a national "default" retirement age of 65 is unfair and discriminatory. He is being opposed by the Department of Business, Innovation and Skills. - Times Online website

Pagan police get solstice leave - 16 July
Pagan police officers in some areas are being allowed to take as many as eight days leave a year for events such as the summer solstice and Halloween. It comes after the Pagan Police Association was set up following discussions with Home Office officials. Policy on police leave varies between forces in England and Wales. Hertfordshire Police lets Pagan staff re-allocate the traditional bank holidays to meet their beliefs. - BBC News website

Scotland

Royal Assent for Sexual Offences Bill - 16 July
The Sexual Offences (Scotland) Bill has today received Royal Assent. The Bill replaces a complex mix of common law and statute with a clear legal framework that supports wider work to improve the justice system's response to sex crime. The new legislation will : provide for the first time a statutory definition of consent, as "free agreement", enshrined in the law ; replace the common-law offence of rape with a broader statutory offence (which includes male rape) ; introduce new statutory crimes, including specific offences of sexual assault by penetration and of voyeurism, and others targeting coercive sexual conduct such as the sending of sexually offensive emails or texts, and sexual exposure ; enable Scottish law enforcement agencies to pursue anyone from Scotland who commits a sex crime under Scots law against someone under-18 abroad (including child pornography and child prostitution offences) regardless of the law in that country ; include 'protective offences' to safeguard those with limited or no capacity to consent due to their young age or a mental disorder (this includes equalising at 16 the age of consent for boys and girls). - eGov Monitor website

Miscellaneous

New strategy to tackle serious organised crime - 13 July
Plans to create a more hostile environment for organised criminals, seize their assets and shut down their businesses were part of a strategy to step up the fight against serious organised crime published by Home Secretary Alan Johnson today. The new strategy, Extending our reach : A comprehensive approach to tackling serious organised crime (new window), follows an assessment of how criminals are exploiting new global trends and outlines new approaches for the government and law enforcement agencies. - eGov Monitor website

BA staff in court on price fixing allegations - 13 July
Three former executives of British Airways (BA) and the airlines current sales and marketing director today denied allegations of fixing the price of fuel surcharges. Martin George, a former commercial director of BA, pleaded not guilty to a so-called "cartel offence" in Southwark Crown Court today. Iain Burns, BA’s former head of communications, Alan Burnett, who formerly led the airline’s sales team in the UK and Ireland, and Andrew Crawley, former head of sales and now the group's sales and marketing director, also pleaded not guilty. - Times Online website

Teenage boy sucked into pool pump - 13 July
A 14-year-old schoolboy from the Isle of Man has died while on holiday in Thailand after being sucked into a swimming pool pumping system. The incident happened in the resort of Pattaya, east of the capital Bangkok. He was holidaying with his father, brother, stepbrother and stepmother. Police are investigating how he opened the vent which should have been locked. The water park has now reportedly offered the family compensation. - BBC News website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society