All about current standards, practices and more... http://www.ibblaw.co.uk/blog/feed/ en IBB Solicitors http://www.ibblaw.co.uk All about current standards, practices and more... Hundreds of solicitors and barristers, many clad in their wigs and gowns, expressed their anger at Government plans to reform the legal system in a protest outside the Houses of Parliament on Wednesday. Former solicitor and Labour’s justice spokesman Sadiq Khan said justice secretary Chris Grayling could destroy legal aid if he slashes the budget by £220m and the protesters were also complaining about the proposal to take away defendants’ rights to choose their own legal representative. Also protesting among the 500-plus gathering were Blur drummer and practising solicitor Dave Rowntree, Lady Kennedy, legal campaigner Clive Stafford-Smith and one quarter of the Guildford Four, Gerry Conlon. Mr Khan said Mr Grayling was undermining the whole of the British justice system, while Lady Kennedy fears that the plans will lead to it becoming Americanised.  She said any system that allows the state to choose who defends people in court would be a disgrace and could lead to miscarriages of justice. Another campaigner, Jonathan Cooper QC, said everyone knows they will need the NHS but many people have no idea that they need legal aid until they are punished and brought before the courts. We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/05/23/lawyers-hit-out-at-legal-reforms http://www.ibblaw.co.uk/blog/2013/05/23/lawyers-hit-out-at-legal-reforms http://www.ibblaw.co.uk/blog/2013/05/23/lawyers-hit-out-at-legal-reforms Thu, 23 May 2013 13:44:58 +0100 http://www.ibblaw.co.uk/blog.xml Interflora has won a long-running trademark battle with Marks & Spencer over the high street firm’s use of the Interflora name as an advertising keyword. Interflora argued successfully that M&S’ use of the word “Interflora” as a keyword, which led Google internet search engine users to advertisements for M&S flower delivery services, constituted trademark infringement. The firm’s claim against the retailer, which began in 2008, reached the European Court of Justice before being redirected to the High Court for a decision. Mr Justice Arnold, in London, that the M&S adverts Interflora complained about did not enable “reasonably well-informed and reasonably attentive” internet users to work out whether the service originated from M&S or Interflora. A significant proportion of consumers who searched for “Interflora” and then clicked on M&S’s adverts displayed in response to those searches, were led to believe, incorrectly, that M&S’s flower delivery service was part of the Interflora network, the judge said. Rhys Hughes, president of Interflora British Unit, said: “This ruling helps ensure that when consumers search on the internet for “Interflora”, they can be confident in knowing that the flowers bought online come from a member of the Interflora network.” “Keyword advertising is a very powerful tool and so it is vital for consumer protection that internet search results take consumers directly to the brands they are looking for.” The case is expected to return to court later in the year to decide the issues of damages and costs. Our Commercial Dispute Resolution team has extensive experience dealing with complex claims and works with businesses across West London and the surrounding area. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/05/22/interflora-wins-ms-keyword-case http://www.ibblaw.co.uk/blog/2013/05/22/interflora-wins-ms-keyword-case http://www.ibblaw.co.uk/blog/2013/05/22/interflora-wins-ms-keyword-case Wed, 22 May 2013 14:21:52 +0100 http://www.ibblaw.co.uk/blog.xml Proposed reforms to the legal aid system have provoked concerns among the majority of the British public, with 71% in a recent poll commissioned by barristers worried that cuts to legal aid could  result in innocent people being wrongly convicted of crimes. The ComRes poll, commissioned by the Bar Council,  also showed the public’s support for the current system, with two thirds (67%) agreeing that legal aid is a price worth paying for living in a fair society. Although the public are already showing concern over the proposals, Government consultation is still ongoing. However, the reforms, which will hit the poorest hardest according to 75% of the people polled, propose a system where competitive tendering will result in the lowest bidders winning work, which could be inexperienced legal teams. Another proposal will see the removal of a person’s own choice in the lawyer that represents them. Maura McGowan QC, chairman of the Bar Council, said: “Successive governments have failed in their efforts to undermine public confidence in legal aid. “In fact, most people think it is a good investment in a fair society. This poll provides the evidence which the Government has failed to gather. “The public hugely values our legal aid system and it is concerned about the consequences of the Government’s proposals.” ... http://www.ibblaw.co.uk/blog/2013/05/21/public-concerned-over-legal-aid-cuts http://www.ibblaw.co.uk/blog/2013/05/21/public-concerned-over-legal-aid-cuts http://www.ibblaw.co.uk/blog/2013/05/21/public-concerned-over-legal-aid-cuts Tue, 21 May 2013 14:07:41 +0100 http://www.ibblaw.co.uk/blog.xml Reducing delays in the justice system could be achieved through the implementation of special traffic courts to free up time for more serious cases, according to a Government announcement. Magistrates’ courts deal with approximately half a million motoring cases every year, and while the Ministry of Justice accept that most of the cases are simply a formality, they often take longer to progress than major offences. The desire to set up traffic courts to reduce delays is part of a wider plan to improve Britain’s criminal justice system, though Justice Minister Damian Green has already stated that enforcing traffic laws is hugely important for road safety and saving lives. Mr Green added: ”However, these cases take nearly six months on average from offence to completion, despite the fact that over 90% of cases result in a guilty plea or are proved in absence – this is simply unacceptable. “The justice system must respond more quickly and effectively to the needs of victims, witnesses and local communities, and these dedicated courts will enable magistrates to better organise their work and drive greater efficiency.” The judiciary are responsible for managing cases in the courts, and in conjunction with the Government they are now looking at how the traffic courts can be implemented across the country. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/05/20/special-traffic-courts-to-fast-track-motoring-offences http://www.ibblaw.co.uk/blog/2013/05/20/special-traffic-courts-to-fast-track-motoring-offences http://www.ibblaw.co.uk/blog/2013/05/20/special-traffic-courts-to-fast-track-motoring-offences Mon, 20 May 2013 14:03:06 +0100 http://www.ibblaw.co.uk/blog.xml The Government has proposed new measures to improve the standard of expert reports supplied to family courts. Only qualified, experienced and recognised professionals will be permitted to provide evidence under the latest reforms put forward by the Ministry of Justice. The new guidelines are designed to make substantial savings from the upwards of £50 million that is paid each year by the Government for expert reports in England and Wales. Family justice minister Lord McNally said the aim is to make sure evidence submitted is “robust” so that cases are resolved more quickly, as “poor quality expert evidence can lead to unacceptable delays for children and their families”. The Ministry of Justice has noted a growing trend of “unnecessary and costly” evidence being provided by expert witnesses in childcare cases leading to delays or even the need to re-start hearings. A consultation on the proposals, which will run until July 18, is being jointly led by the Family Justice Council. The Government’s move comes after the independent Family Justice Review by David Norgrove identified poor quality evidence given by experts at family proceedings involving children. With the average time taken for care cases already reduced from over 56 weeks to 45 weeks, the Government is looking to cut that still further to 26 weeks. Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/05/17/new-measures-proposed-for-family-court-experts http://www.ibblaw.co.uk/blog/2013/05/17/new-measures-proposed-for-family-court-experts http://www.ibblaw.co.uk/blog/2013/05/17/new-measures-proposed-for-family-court-experts Fri, 17 May 2013 14:02:27 +0100 http://www.ibblaw.co.uk/blog.xml An MP has attacked the Government’s new personal injury payout reforms. The plans, outlined in the Queen’s Speech earlier this month, are aimed at making it easier for victims of asbestos-related cancer to claim compensation. It is specifically targeted at those with mesothelioma who are unable to claim compensation from employers because the disease takes many years to develop and the firms they worked for may no longer exist. Experts estimate that 3,500 victims previously unable to claim compensation will get £355 million over the next decade. Labour’s Jarrow MP Stephen Hepburn said, however, that the reform panders to the insurance industry rather than disease-hit workers. Mr Hepburn said proposals to only force compensation payouts for those diagnosed with the cancer after July 25 last year meant that many working-class people would get nothing. Deputy Prime Minister Nick Clegg said, however, that it was only from that date that workers could have a “reasonable expectation” that they would be compensated. Mesothelioma, which is usually contracted in the workplace, is a cancer of the lining of internal organs, especially the lungs, and normally happens through asbestos exposure. The money will come from a tax on insurers which provide employers’ liability. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/05/16/asbestos-injury-payout-reforms-attacked http://www.ibblaw.co.uk/blog/2013/05/16/asbestos-injury-payout-reforms-attacked http://www.ibblaw.co.uk/blog/2013/05/16/asbestos-injury-payout-reforms-attacked Thu, 16 May 2013 14:02:24 +0100 http://www.ibblaw.co.uk/blog.xml A High Court judge has approved a compensation package of more than £3 million for a man who sustained “catastrophic injuries” when he was struck by a car driven by a priest in Rome. Recruitment consultant James Kennedy, 37, from Gosforth in Newcastle, will receive the £3 million up front and £210,000 more a year for the rest of his life in a settlement with the insurers of Father John Cole, of Merthyr Tydfil, in Wales. Mr Justice Bean heard how Mr Kennedy was injured when he was crossing a road in the Italian capital in January 2006. After the hearing his lawyers revealed that Father Cole was in a Peugeot on the Corso Vittorio Emmanuele road when the accident occurred and Mr Kennedy was there during a holiday with university friends. Elaine Lee, Mr Kennedy’s 67-year-old mother, said her son had been a keen cricketer and played youth rugby for Gosforth Rugby Football Club but his very serious injuries meant he could never again enjoy the same kind of freedom and full independence. Mrs Lee, from Corbridge, Northumberland, said her family would continue to help him but significant expert support was also required. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/05/15/rome-crash-victim-settles-for-3m http://www.ibblaw.co.uk/blog/2013/05/15/rome-crash-victim-settles-for-3m http://www.ibblaw.co.uk/blog/2013/05/15/rome-crash-victim-settles-for-3m Wed, 15 May 2013 14:24:54 +0100 http://www.ibblaw.co.uk/blog.xml The Ministry of Justice is considering extending the squatting law so it covers commercial properties as well as residential premises. Justice Secretary Chris Grayling will write to MPs asking for evidence of just how many company premises, pubs and shops have been targeted by squatters. He wants a clear picture before making a decision on whether to extend the existing law. Squatting in residential properties was criminalised last summer, with offenders facing a maximum term of six months in prison, a £5,000 fine, or both. A number of commercial properties in London have been invaded by squatters in recent times, a spate of incidents which has led to calls for a clause to be put in a justice Bill. British Property Federation chief executive Liz Peace added: “It seems illogical to make it a criminal offence for one sort of property but not for all property.” A Ministry of Justice spokesman said: “We recognise that squatting can also have a serious impact on non–residential property owners and we are continuing to monitor this situation closely.” ... http://www.ibblaw.co.uk/blog/2013/05/14/squatting-law-could-be-extended-to-commercial-property http://www.ibblaw.co.uk/blog/2013/05/14/squatting-law-could-be-extended-to-commercial-property http://www.ibblaw.co.uk/blog/2013/05/14/squatting-law-could-be-extended-to-commercial-property Tue, 14 May 2013 14:48:18 +0100 http://www.ibblaw.co.uk/blog.xml The Government is planning to offer cash to small businesses to encourage them to allow their workers to join the army reserves, according to Defence Secretary Philip Hammond. “Important” financial incentives form part of new measures to encourage more volunteer recruits to help make up for a planned 20,000 cut in full-time troop numbers, the minister told the BBC’s Sunday Politics show. Mr Hammond said he was looking to increase the number of ‘weekend warriors’ who support the British Army to 30,000 as a part of a White Paper to be put before the House of Commons before the summer. Under the plans the Territorial Army would become known as the Army Reserves to recognise its increasing importance. “Financial incentivisation” in the form of direct cash payments to employers would be looked at, meaning they will be compensated while their staff are away from the workplace, Mr Hammond, adding that businesses employing reserve troops prove that they have an agenda of social responsibility in their organisations. However, he recognised that it was difficult for many firms to cope without these members of staff and although the incentive amounts have not yet been decided, Mr Hammond said exact figures would be available before the White Paper is published. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/05/13/cash-rewards-for-firms-with-army-volunteers http://www.ibblaw.co.uk/blog/2013/05/13/cash-rewards-for-firms-with-army-volunteers http://www.ibblaw.co.uk/blog/2013/05/13/cash-rewards-for-firms-with-army-volunteers Mon, 13 May 2013 14:15:01 +0100 http://www.ibblaw.co.uk/blog.xml New legislation extending dangerous dogs law to make it an offence for a dog to be dangerously out of control in any place, including all private property, has been published. Owners now face prosecution if their dogs attack people at any location, including private property and even their own homes under the new regulations, providing extra protection for postal, utility company and healthcare workers who visit private properties as part of their jobs. Dog owners face punishments of unlimited fines or prison sentences of up to two years if convicted. Trespassers and burglars will not be protected if they are attacked by dogs. The change only applies in England and Wales, as do alterations to the regulations concerning attacks to assistance dogs such as guide dogs, but a banned breed amendment covers the whole of the UK. Animal Welfare Minister Lord de Mauley said: “Out of control dogs are just as much a threat on private property as in public places. We are extending the law so that owners who allow their dogs to be dangerously out of control anywhere can be brought to justice.” IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/05/10/dog-law-extends-to-private-property http://www.ibblaw.co.uk/blog/2013/05/10/dog-law-extends-to-private-property http://www.ibblaw.co.uk/blog/2013/05/10/dog-law-extends-to-private-property Fri, 10 May 2013 13:07:23 +0100 http://www.ibblaw.co.uk/blog.xml Private landlords will be required to check the immigration status of their tenants under new legislation announced by the Government this week. The Immigration Bill, introduced in the Queen’s Speech as part of efforts to keep immigration in the UK under control, aims to make sure new tenants are entitled to be in this country. Although the majority of private landlords already make checks on tenants’ identity and credit status, some rogue landlords knowingly target illegal migrants who are not in a position to complain about sub-standard accommodation. Richard Lambert, chairman of the National Landlords Association, welcomed the changes. He said: “Every landlord should thoroughly reference a tenant prior to offering a tenancy; this is standard best practice which safeguards the landlord’s business.” Tenant checks should also look at whether the tenant has any County Court Judgments, possible aliases and include references from their employer and a previous landlord, Mr Lambert added. IBB’s specialist commercial real estate team has substantial experience in delivering practical and efficient real estate solutions to a broad range of commercial clients. For further information, please contact Bill Bidder, 01895 207 281 or Alexis Ash, 01895 207 275. ... http://www.ibblaw.co.uk/blog/2013/05/09/landlords-to-do-immigration-checks http://www.ibblaw.co.uk/blog/2013/05/09/landlords-to-do-immigration-checks http://www.ibblaw.co.uk/blog/2013/05/09/landlords-to-do-immigration-checks Thu, 09 May 2013 14:05:50 +0100 http://www.ibblaw.co.uk/blog.xml In July 2012, the Government published a response to the Consultation “Accessing Payment – Supporting people who need to trace Employers’ Liability Insurance”. A result of this Consultation was the proposal to set up a payment scheme to assist victims of Mesothelioma where the liable employer or their insurer cannot be traced. On 20 December 2012 the announcement was made that the government were considering the creation of a new protocol for dealing with such claims. A dedicated Pre-Action Protocol is proposed, with the aim of speeding up the process, as is a single electronic portal on which the claims will be registered. There will be a further Consultation to discuss these proposals. After months of discussion between the Department for Work and Pensions and various stakeholders, the Queen, on 08 May 2013, has now outlined the Government’s intention to introduce legislation to put in place this scheme, to assist victims of an “asbestos-related cancer”. It can take decades for symptoms of the disease to become apparent and the diagnosis to be made. Due to this time lag, many people who were exposed to Asbestos by a former employer negligently or in breach of a statutory duty are unable to trace that employer or a relevant insurer, from whom they may claim compensation. There are a significant number of individuals diagnosed with mesothelioma each year, who are unable to claim compensation for this very reason. The purpose of the Bill, therefore, is to establish a scheme for payments to be made to sufferers of Mesothelioma (or their families) in such circumstances. Payments would be funded by a levy on all active UK employers’ liability insurers, rather than from the general taxpayer. Payment of the levy will be compulsory. It is said that this is intended to correct a “market failure” where insurers failed to keep adequate records of employers’ liability insurance during historic times when exposures to asbestos were taking place. The start date of the scheme is assumed to be 01 April 2014. Laura Thompson, a Solicitor in the Personal Injury and Clinical Negligence team at IBB Solicitors, specialising in acting on behalf of sufferers of Asbestos related diseases and their families, comments that, “The proposed Bill is on the face of it favourable to the victims of the disease, particularly those who otherwise would be unsuccessful in claiming any compensation if the relevant insurer could not be found. However, it will only be available to those diagnosed with Mesothelioma from 25 July 2012 onwards. Further, it is thought that the level of compensation awarded out of the scheme will be 70% of average compensation awarded in civil claims where the employer and the insurer can be traced”. Click here to see our previous post on this subject. IBB’s experienced Personal Injury Solicitors can provide advice and assistance if you or a loved one has been affected by a similar incident. ... http://www.ibblaw.co.uk/blog/2013/05/09/compensation-for-asbestos-victims http://www.ibblaw.co.uk/blog/2013/05/09/compensation-for-asbestos-victims http://www.ibblaw.co.uk/blog/2013/05/09/compensation-for-asbestos-victims Thu, 09 May 2013 10:57:46 +0100 http://www.ibblaw.co.uk/blog.xml The costs of employment will be brought down under new measures outlined in the Queens Speech, the Government says. Under the National Insurance Contributions Bill, employer National Insurance Contributions (NICs) will be reduced from next April, entitling every business and charity to a £2,000 employment allowance. The move takes forward a pledge made in the last Budget to cut NICs for small firms. It is thought as many as 1.25 million employers will benefit, with around 450,000 of these lifted out of paying employer NICs completely. The measure will save each employer up to £2,000 on its employer NICs bill, while it will save employers overall £1.3 billion in 2014/15, rising to £1.7 billion in 2017/18, the Government said. Most of the benefit of this allowance goes to small and medium-sized businesses with fewer than 250 employees. Businesses will be able to employ one additional worker on a salary of £22,400 or an additional four employees working full-time on the adult national minimum wage without any increase in their employer NICs bill. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/05/08/national-insurance-costs-to-be-reduced http://www.ibblaw.co.uk/blog/2013/05/08/national-insurance-costs-to-be-reduced http://www.ibblaw.co.uk/blog/2013/05/08/national-insurance-costs-to-be-reduced Wed, 08 May 2013 14:11:28 +0100 http://www.ibblaw.co.uk/blog.xml On 19 April 2013, Staples Disposables Limited was successfully prosecuted by the Health and Safety Executive (HSE) at Lincoln Crown Court and ordered to pay more than £116,000 in fines and costs after three workers sustained hand injuries whilst using unguarded machinery. The first employee suffered an amputation of his left thumb after it became caught in unguarded machinery on a production line and crushed. Approximately one month later, a second employee cut her finger on the blade of a napkin folding machine and was unable to return to work at the company as a result. A further 12 months later, a third employee lost all four fingers of his right hand after it was caught between unguarded rollers. It is currently unknown whether he will be able to return to work. The investigation by the HSE revealed a string of failures on the part of Staples Disposables Limited and following the court hearing, the HSE inspector stated that “the company was well aware that machines should have interlocked guards in place to prevent people accessing dangerous moving parts of the machinery, yet it continued to put workers at risk over a prolonged period. Injury was inevitable.” He also criticised the company for its failure to supervise factory operations properly and for its poor health and safety management system. Nazir Mirza, Litigation Executive in IBB’s Personal Injury and Clinical Negligence team comments: “The successful prosecution of this company by the HSE underlines the fact that the safety and welfare of employees is paramount and employers who fail in their duties to provide a safe system of work will be held to task. The case also highlights the dangers faced by many people who work closely with machinery on a day to basis and should serve as a warning to employers who neglect the safety of their employees.” IBB’s experienced Personal Injury Solicitors can provide advice and assistance if you or a loved one has been affected by a similar incident. ... http://www.ibblaw.co.uk/blog/2013/05/07/company-admits-neglecting-safety-of-employees http://www.ibblaw.co.uk/blog/2013/05/07/company-admits-neglecting-safety-of-employees http://www.ibblaw.co.uk/blog/2013/05/07/company-admits-neglecting-safety-of-employees Tue, 07 May 2013 16:20:39 +0100 http://www.ibblaw.co.uk/blog.xml Bosses risk prosecution with the number of cancer patients who feel discriminated after returning to work on the rise. That is the employment law warning from the leader of Macmillan Cancer Support charity – after it found that 37% of sufferers who go back after treatment say they meet some kind of prejudice from employers or colleagues. This is a rise of more than 50% on the 23% figure in 2010. Macmillan chief executive Ciaran Devane said: “Employers are risking prosecution by flouting their legal responsibility to protect people living with cancer from unfair treatment and stigma at work.” Nearly one in 10 (9%) of the 168 cancer sufferers polled by Macmillan felt so harassed by their boss they felt they could not stay in their job. More than one in eight believed their employer had not made reasonable changes to help them carry on working and 8% said they felt “abused” by their bosses or colleagues. Patients also reported: - being denied time off for medical appointments - being overlooked for promotion - having unfavourable appraisals linked to their cancer Ms Devane called for greater understanding of how the impact of cancer treatment may effect returning workers. ... http://www.ibblaw.co.uk/blog/2013/05/07/two-in-five-cancer-patients-face-prejudice http://www.ibblaw.co.uk/blog/2013/05/07/two-in-five-cancer-patients-face-prejudice http://www.ibblaw.co.uk/blog/2013/05/07/two-in-five-cancer-patients-face-prejudice Tue, 07 May 2013 14:07:52 +0100 http://www.ibblaw.co.uk/blog.xml http://www.channel4.com/news/call-for-action-on-hate-crime-against-people-with-autism Anna West, Solicitor in IBB’s Personal Injury and Clinical Negligence team comments: “In this shocking case, Margaret Palmer claims that her grandson Adrian was let down by the police, whom she says “failed to protect him when they had the opportunity to do so”. Adrian was found strangled in a street in Tenbury Wells, Worcestershire when he was just 21 years of age.” Adrian made several reports to the police about his alleged rape in 2006 just four months before his untimely death. Due to the fact that he suffered from Asperger Syndrome, he was seen to not be a credible witness and a prosecution was not made in 2006. As a result Adrian continued to receive threatening telephone messages from the alleged rapist. Adrian’s case may seem extreme but as can be seen from the survey conducted by the National Autistic Society on disability hate crime, it is clear that disabled people are all too often subjected to physical and verbal abuse and exploitation. A recent report following an inspection carried out by the police, probation and Crown Prosecution Service established that there were failings in the way that hate crimes against disabled individuals were being dealt with. Several recommendations were made within this report and tight timescales for improvement were introduced. As such the importance of the way in which all hate crimes are dealt with should be stressed to ensure that vulnerable victims are appropriately protected. Vulnerable adults should not have to accept such failures in the levels of protection afforded to them. They have the right to be protected and they should be aware of their right to take action should they be put in a position where they have been subjected to such failings. Where crimes of this nature have been reported to the appropriate authorities, it is essential that they are accurately recorded to be dealt with accordingly. If you believe that you have suffered an injury at the hands of such failings it is important that you seek legal advice. If you wish to take action there are strict limitation dates in place within which to bring a case. As such it is important that you investigate your prospects of bringing a claim as soon as possible. IBB’s experienced Personal Injury Solicitors can provide advice and assistance if you or a loved one has been affected by a similar incident. ... http://www.ibblaw.co.uk/blog/2013/05/07/police-failed-to-protect-asperger-syndrome-sufferer http://www.ibblaw.co.uk/blog/2013/05/07/police-failed-to-protect-asperger-syndrome-sufferer http://www.ibblaw.co.uk/blog/2013/05/07/police-failed-to-protect-asperger-syndrome-sufferer Tue, 07 May 2013 10:49:52 +0100 http://www.ibblaw.co.uk/blog.xml New drink-drive regulations, aimed at stopping the most dangerous offenders getting back behind the wheel, are set to come into force next month. Currently, high-risk offenders who have been banned from driving have to pass a medical examination before they can be issued with a new driving licence. But they can begin driving as soon as they’ve applied for their licence and prior to taking and passing the medical. But from June 1 at the end of their disqualification period and before they can start driving again they will have to pass a medical that confirms they are no longer dependent on alcohol. Road safety minister Stephen Hammond said: “Drink-drivers are a menace and it is right that we do everything we can to keep the most high-risk offenders off the road.” The new rules, which will be in force in just four weeks’ time, will also mean that drink-drivers obstructing police officers by refusing to have their blood sample analysed will be treated in the same way as other high-risk offenders. IBB’s experienced Road Traffic Offences solicitors can provide advice and representation to companies and individuals, doing everything possible to protect your driving licence and minimise the financial penalties. Email enquiries@ibblaw.co.uk or call 08456 381 381 for further advice. ... http://www.ibblaw.co.uk/blog/2013/05/03/new-rules-target-drink-drivers http://www.ibblaw.co.uk/blog/2013/05/03/new-rules-target-drink-drivers http://www.ibblaw.co.uk/blog/2013/05/03/new-rules-target-drink-drivers Fri, 03 May 2013 14:03:48 +0100 http://www.ibblaw.co.uk/blog.xml Pre-recording the cross-examination of children and vulnerable witnesses for court cases is still being actively considered, Attorney General Dominic Grieve has stressed. Mr Grieve said colleagues at the Ministry of Justice were in talks with various partner organisations about the possibility of piloting pre-recorded cross-examination. At the moment children or adults with disabilities or communication problems giving evidence have to face the possibility of high-pressure cross-examination, either face-to-face in court or via a television link. Mr Grieve said: “While we need to think it through carefully, because it may in some cases be unfair to the defendant, I have always believed the problems are not insurmountable.” A Ministry of Justice spokeswoman, meanwhile, said it was considering how to “better support” vulnerable and intimidated witnesses when they were appearing in court cases. Provision for pre-recorded cross-examination was made in the Youth Justice and Criminal Evidence Act 1999 but has not been brought into force. Mr Grieve, the UK’s chief legal adviser, made his comments during a reception at Kingston University. We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/05/02/pre-taping-cross-examination-still-possible http://www.ibblaw.co.uk/blog/2013/05/02/pre-taping-cross-examination-still-possible http://www.ibblaw.co.uk/blog/2013/05/02/pre-taping-cross-examination-still-possible Thu, 02 May 2013 14:05:42 +0100 http://www.ibblaw.co.uk/blog.xml There has been a significant rise in the number of family disputes involving parents in different countries in which a British judge has to intervene, it has emerged. The number of such cases increased by 40% in the last year, revealed the latest annual report from the Office of the Head of International Family Justice for England and Wales. Lord Justice Thorpe, co-author of the report, said international co-operation on family law is needed due to “globalisation, increasing movement of persons across borders, and the ever rising number of family units which are truly international”. The Office of the Head of International Family Justice for England and Wales is brought in to help deal with international family disputes, including some kidnapping and child custody cases. Lord Justice Thorpe heads the office, which the report shows handled three new cases in its first year in 2005, increasing to 65 in 2008, 180 in 2011 and 253 in 2012. In the report, Lord Justice Thorpe and Edward Bennett – the lawyer who works alongside him – identified two key factors behind the rise in disputes coming their way. The first factor is the increasing number of international family cases arriving at the courts that need the help of an overseas judge. Secondly, they said there is a growing awareness among judges and legal workers around the world of the Office’s service and its benefits. Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/05/01/international-family-dispute-cases-rise http://www.ibblaw.co.uk/blog/2013/05/01/international-family-dispute-cases-rise http://www.ibblaw.co.uk/blog/2013/05/01/international-family-dispute-cases-rise Wed, 01 May 2013 14:02:11 +0100 http://www.ibblaw.co.uk/blog.xml Couples tend to save substantially more as the risk of divorce grows, according to a new report. The results are based on the saving behaviour of married couples in the Republic of Ireland before and after 1996 – when laws permitting divorce in the country were passed. Researchers calculate that a rise in the risk of divorce of around 40% among non-religious marriages after the reform led to these couples increasing their savings by 5-8% of income relative to religious households – which were relatively unchanged by the legalisation. They discovered that for every 10% increase in the risk of marital separation, families raise their savings, as a proportion of household income, by two percentage points. The research, by Dr Berkay Ӧzcan from the London School of Economics and Political Science and Dr Libertad González from Pompeu Fabra University in Barcelona, is published in The Journal of Human Resources. Dr González said: “The increase was particularly pronounced for non-religious marriages relative to religious ones.” Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/04/30/research-links-savings-to-divorce-risk http://www.ibblaw.co.uk/blog/2013/04/30/research-links-savings-to-divorce-risk http://www.ibblaw.co.uk/blog/2013/04/30/research-links-savings-to-divorce-risk Tue, 30 Apr 2013 14:04:05 +0100 http://www.ibblaw.co.uk/blog.xml Porters at a fruit and vegetable market have lost a legal battle with their bosses over payments due for moving and stacking goods. The five workers at New Covent Garden Market in London took issue with the reduced share of porterage money they have been receiving. Money comes from customers who pay firms if they want produce moved and or stacked and is usually shared among registered porters. Disputes emerged because firms began taking on unregistered porters and paying them a different wage to the registered workers. The five porters took their argument to court, pointing out that under a collective agreement that dates to 1974, registered porters could share all money in the pot, including that of unregistered workers at the market. But the Court of Appeal said that the agreement from the 1970s is designed to remunerate anyone “performing the functions of porters” and that, at the time, this only applied to registered workers because they were the “only species of porter”. The case was passed to the court following employment tribunal hearings. Our Commercial Dispute Resolution team has extensive experience dealing with complex claims and works with businesses across West London and the surrounding area. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/04/29/market-porters-lose-fight-for-cash http://www.ibblaw.co.uk/blog/2013/04/29/market-porters-lose-fight-for-cash http://www.ibblaw.co.uk/blog/2013/04/29/market-porters-lose-fight-for-cash Mon, 29 Apr 2013 14:03:12 +0100 http://www.ibblaw.co.uk/blog.xml A sixth-form college student has won a legal victory against a government policy which treats 17-year-olds in police custody as adults. The student concerned, Hughes Cousins-Chang from south-east London, was arrested, strip-searched and held by Metropolitan Police for 12 hours despite having committed no crime. The force say they detained him on suspicion of robbery but later found him to be innocent. The legal battle, fought out in the High Court in London, ended with two judges ruling that the Home Office policy is not compatible with the law governing human rights. The Government treating 17-year-olds as adults deprives them of the protections afforded to children under 16 who are entitled to contact their parents or carers, or get advice from an independent “appropriate” adult whenever they are detained by police. The High Court ruling comes after two 17-year-olds, Joe Lawton and Edward Thornber, killed themselves following their arrest over drink-driving. Jane and Nick Lawton, the parents of Joe, insist that their son would still be alive if he was able to receive their support while in custody. Lord Justice Moses, who made the ruling alongside Mr Justice Kenneth Parker, said “it is inconsistent with the rights of the claimant and his mother, enshrined in Article 8 (of the European Convention on Human Rights) for the secretary of state to treat 17-year-olds as adults when in detention” and that it “disregards the definition” of a child in the UN Convention on the Rights of the Child and the “preponderance of legislation affecting children and justice“. We have one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/04/26/student-wins-child-custody-victory http://www.ibblaw.co.uk/blog/2013/04/26/student-wins-child-custody-victory http://www.ibblaw.co.uk/blog/2013/04/26/student-wins-child-custody-victory Fri, 26 Apr 2013 14:32:41 +0100 http://www.ibblaw.co.uk/blog.xml The service that enables charities to claim Gift Aid repayments has made the switch from a paper system to online, but are charities ready to implement the changes? Under the new system, which went live this week, charities are required to either connect their own databases to HMRC computers or make their claims by uploading data using standard HMRC spreadsheets. From September onwards all organisations making Gift Aid claims will be required to use the new system. Charity groups Stewardship and the National Council for Voluntary Organisations have warned that there are low levels of awareness about the change among the estimated 100,000 or so charities claiming Gift Aid. Kevin Russell, technical director at Stewardship, told Christian Today: “[…] Charities of all sizes urgently need to make sure that they are fully prepared, internally, to take full advantage of this new facility, and with it, the gateway to benefit from the Small Donations Scheme.” Eva Abeles, Senior Solicitor in IBB’s Charities team, said: “We welcome the move to claiming Gift Aid online which will, in the long run, enable charities to receive payments more quickly and efficiently. “However, we have some concerns over the management of the transition. We understand that only 1,000 of the 100,000 charities who currently claim gift aid have enrolled for Charities Online so far. We would urge HMRC to consider contacting all charities which are registered for gift aid and have not enrolled for Charities Online later this year to ensure that charities do not slip through the information net and have an unpleasant surprise come September, as many may be unaware of the changes.” Charities should also note that the Government has this month launched the Small Donations Scheme, which enables them to claim top-up payments on cash donations of up to £20 without needing to collect Gift Aid donations. IBB Solicitors’ specialist Charities team has over 50 years’ combined experience in delivering practical commercial advice to charities and not for profit organisations and those who work with them. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk ... http://www.ibblaw.co.uk/blog/2013/04/25/charities-warn-over-gift-aid-changes http://www.ibblaw.co.uk/blog/2013/04/25/charities-warn-over-gift-aid-changes http://www.ibblaw.co.uk/blog/2013/04/25/charities-warn-over-gift-aid-changes Thu, 25 Apr 2013 13:57:07 +0100 http://www.ibblaw.co.uk/blog.xml Government plans to allow employers to offer workers shares in exchange for reduced employment rights have been rejected by the House of Lords for the second time. Peers refused to support the so-called shares-for-rights scheme, which would enable employers swap some employments rights, such as the right to redundancy pay and to claim unfair dismissal, in return for shares. Lords voted by 260 to 191, a majority of 69, to reject the clause when presented with the bill for a second time. The scheme has received much criticism from employee organisations and MPs across parties, but Michael Fallon, the Business Minister, has said the scheme would be voluntary. During the debate, QC and independent crossbencher Lord Pannick described the scheme as “unrealistic” and warned it would be “damaging to industrial harmony to allow employers to buy off basic employment rights”. But Business Minister Viscount Younger said the new employment status was “wholly voluntary” and people could not be coerced into accepting revised contracts. The bill will now be debated further in the House of Commons before going back to the House of Lords. Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/04/24/lords-bat-back-shares-for-rights http://www.ibblaw.co.uk/blog/2013/04/24/lords-bat-back-shares-for-rights http://www.ibblaw.co.uk/blog/2013/04/24/lords-bat-back-shares-for-rights Wed, 24 Apr 2013 14:18:33 +0100 http://www.ibblaw.co.uk/blog.xml The case of Charlotte Shaw, a 14-year-old school girl who fell and drowned on Dartmoor whilst crossing a swollen stream on a school trip in 2007, has recently come before the courts again. The case provides yet another tragic reminder of the dangers encountered on such trips. Charlotte was walking on Dartmoor with ten other students whilst training for an expedition when she fell into a fast flowing stream and drowned. The team were training for the Ten Tors expedition on Dartmoor and were being led by Mr Fuller, who was one of their teachers. Whilst the Court agreed in this case that Mr Fuller had taken all reasonable precautions against the hazards the pupils were likely to encounter and training had been given on the specific danger of crossing a swollen river, the incident highlights that not every eventuality can be catered for.  Indeed the Coroner suspended the inquest and recommended that the Crown Prosecution Service (CPS) consider criminal charges. After a brief interlude, the CPS concluded that there was insufficient evidence and the inquest resumed. Furthermore, a Department for Education paper published in December 2012 stated that the Government wishes to make “it easier for schools to take pupils on trips, removing paperwork and taking steps to reduce teachers’ fears of legal action.” However the fact remains that expeditions of the type that went wrong in this case are fraught with dangers. If the Government remains keen to relax the red-tape surrounding school trips, one wonders how long it will be before another similar tragedy occurs. IBB’s experienced Personal Injury Solicitors can provide advice and assistance if you or a loved one has been affected by a similar incident. Josh Gibbons Legal Administrator Personal Injury team ... http://www.ibblaw.co.uk/blog/2013/04/24/3163 http://www.ibblaw.co.uk/blog/2013/04/24/3163 http://www.ibblaw.co.uk/blog/2013/04/24/3163 Wed, 24 Apr 2013 12:37:26 +0100 http://www.ibblaw.co.uk/blog.xml Police breached the human rights of a PE teacher by refusing to remove an allegation of harassment from his record, a High Court judge has decided. Mr Justice Stuart-Smith ruled that Cumbria Police’s decision to keep details of a claim made against the 44-year-old man on his criminal record certificate was “disproportionate and unjustifiable” and went against his right to a private life. The harassment allegation had been made by an 18-year-old girl but once it was looked into by police, officers decided to drop the case. But the judge said the claim had left the teacher with major problems when it came to getting employment as it showed up in his CRB check. The man, whose identity is a secret for legal reasons, is now expected to make a claim for compensation. A hearing into the matter was held at London’s High Court last month and Mr Justice Stuart-Smith’s ruling was communicated in writing. The teacher had asked the police force to remove the information from the “other relevant information” part of his Enhanced Criminal Record Certificate (ECRC). But when Cumbria Police insisted the details must remain, he took the matter to a judicial review, claiming it breached Article 8 of the European Convention on Human Rights. IBB has one of the leading teams of criminal specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/04/23/police-breached-teachers-rights http://www.ibblaw.co.uk/blog/2013/04/23/police-breached-teachers-rights http://www.ibblaw.co.uk/blog/2013/04/23/police-breached-teachers-rights Tue, 23 Apr 2013 14:08:25 +0100 http://www.ibblaw.co.uk/blog.xml The UK is the “whiplash capital of Europe” with eight in ten personal injury claims following road traffic accidents now for the injury, new research shows – more than twice the average of France, Spain and the Netherlands. The Association of British Insurers (ABI) said 78% of personal injury claims following road accidents are for whiplash, twice the average percentage of whiplash claims across Europe. Rates are 30% in France and Denmark, 31% in Spain, 35% in the Netherlands and 68% in Italy. The ABI has made a number of proposals to tackle the country’s whiplash epidemic: Personal injury claims should be assessed by independent, accredited doctors Ensuring a simple and speedy way of settling low -value claims by increasing the Small Claims Track Threshold from £1,000 to £5,000 Setting out a fair and transparent method for calculating compensation for minor whiplash injuries, which is set independently James Dalton, the ABI’s head of motor and liability, said: “Our proposals will ensure that genuine claimants receive access to justice at a proportionate cost, while driving out fraudulent and exaggerated whiplash claims that increase the cost of car insurance for honest motorists.” IBB’s experienced Road Traffic Offences solicitors can provide advice and representation to companies and individuals, doing everything possible to protect your driving licence and minimise the financial penalties. Email enquiries@ibblaw.co.uk or call 08456 381 381 for further advice. ... http://www.ibblaw.co.uk/blog/2013/04/22/uk-whiplash-capital-of-europe http://www.ibblaw.co.uk/blog/2013/04/22/uk-whiplash-capital-of-europe http://www.ibblaw.co.uk/blog/2013/04/22/uk-whiplash-capital-of-europe Mon, 22 Apr 2013 14:01:03 +0100 http://www.ibblaw.co.uk/blog.xml A boy who suffered catastrophic brain damage after a “catalogue of errors” at his birth has been awarded a substantial compensation package. Alfie Buck, who is now seven years old, is to receive compensation worth £8.5 million after it was approved at London’s High Court. His lawyers said that staff at the Princess Royal Hospital in Haywards Heath, West Sussex, failed to monitor him sufficiently during his mother’s labour in March 2006 or deliver him by emergency caesarean. They claimed it was highly likely that he would have been born without any brain damage at all if he had been delivered just 20 minutes earlier. Alfie has cerebral palsy and suffers painful spasms. He condition means he is completely reliant on a wheelchair, communicates using technology and needs 24-hour support. Brighton and Sussex University Hospitals NHS Trust admitted liability in court. The compensation package includes a lump sum of £3.85 million plus lifelong periodical payments. IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/04/19/8-5m-payout-for-brain-damaged-boy http://www.ibblaw.co.uk/blog/2013/04/19/8-5m-payout-for-brain-damaged-boy http://www.ibblaw.co.uk/blog/2013/04/19/8-5m-payout-for-brain-damaged-boy Fri, 19 Apr 2013 14:00:50 +0100 http://www.ibblaw.co.uk/blog.xml British businesses could soon be allowed to offer employees shares in exchange for reduced employment rights after MPs voted back in a controversial ‘shares-for-rights’ scheme. Under the initiative, employers will be able to swap some employments rights, such as the right to redundancy pay, to claim unfair dismissal and to request training and flexible working patterns, for at least £2,000 of shares. The scheme, announced by the Chancellor, George Osborne, in the Autumn Statement, was defeated by the House of Lords last month but reinstated this week when the Commons considered amendments to the Growth and Infrastructure Bill. Michael Fallon, the Business Minister, said the shares-for-rights scheme would be entirely voluntary, but some are sceptical about this position given the state of the UK jobs market. In a statement the Institute of Employment Rights said: “If a vacancy is advertised for an employee-owner, who would be required to sign up for the shares-for-rights scheme, many jobseekers would be under huge pressure to take on the role regardless.” Shadow Business Secretary Chuka Umunna described the scheme as an “ill-thought-out and bad idea”. “This is supposed to be a ‘growth’ Bill,” he said. “No evidence whatever appears to have been adduced by the Government to show how this measure would boost growth.” Our Employment team provides advice on the employment aspects of all major business decisions. For advice, contact a member of the team, call us on 08456 381 381 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/04/18/shares-for-rights-scheme-voted-back-in http://www.ibblaw.co.uk/blog/2013/04/18/shares-for-rights-scheme-voted-back-in http://www.ibblaw.co.uk/blog/2013/04/18/shares-for-rights-scheme-voted-back-in Thu, 18 Apr 2013 16:33:35 +0100 http://www.ibblaw.co.uk/blog.xml A judge has criticised a vigilante father who took family law into his own hands by flying his two young daughters back to England. The British pair had separated about three months after moving to Canada in August 2012. Six months later the vigilante father texted his wife, saying he was “back in England” with their children. He emailed her a week later, saying that the daughters would only return to Canada following instructions from his solicitor. Mrs Justice Pauffley said the man “unilaterally” removed the children – now four and two – knowing that it would cause their mother “immense distress”. She was speaking after the children’s mother had applied for their “summary return” to Canada at the High Court in London. The judge said it was “indisputable” that the girls had acquired “habitual residence” in Canada, and said the mother’s case was “quite overwhelming”. Mrs Justice Pauffley, in a written ruling published on a legal website, said “(the father) chose to take the law into his own hands” and had no right to take the decision to bring the children here. None of the concerned parties can be identified for legal reasons. Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790007 or email enquiries@ibblaw.co.uk. ... http://www.ibblaw.co.uk/blog/2013/04/17/judge-raps-dads-child-removal http://www.ibblaw.co.uk/blog/2013/04/17/judge-raps-dads-child-removal http://www.ibblaw.co.uk/blog/2013/04/17/judge-raps-dads-child-removal Wed, 17 Apr 2013 13:57:00 +0100 http://www.ibblaw.co.uk/blog.xml