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Wigs off for UK civil judges, chief justice says
International |
2007/07/12 08:03
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The traditional wigs and gowns worn by judges and advocates for 300 years could be scrapped for civil and commercial trials under a review by the Lord Chief Justice.
Lord Phillips of Worth Matravers, a moderniser who dislikes his own five different costumes, intends to reopen the long-running debate of horse-hair headdress when he takes over as official head of the judiciary next month. The move comes after concerns by the president of the Law Society and the Solicitors’ Association of Higher Court Advocates that they are treated as second-class citizens when it comes to court dress. The 2,000 solicitor-advocates are not allowed to wear wigs and also wear different robes — a simple black gown. Kevin Martin, president of the Law Society, says that for some years solicitor-advocates have argued for parity with barristers: either there are no wigs at all or both kinds of advocate wear the same costume. In a letter to the Lord Chief Justice, he says: “The difference can lead to solicitoradvocates being seen as inferior to barristers. Jurors may form the impression that a non-wigged lawyer is less credible.” The problem is heightened by differences in mode of address: barristers describe each other as “my learned friend” but solicitor-advocates as “my friend”. Solicitors are concerned that the rules could be a breach of competition law. Mr Martin says: “There are instances of clients indicating that they do not mind who the advocate is, as long as they wear a wig.”
While there is backing for reform, the public — and many criminal barristers — support keeping wigs in criminal trials. Any move to scrap wigs might make an exception for criminal trials. Mark Clough, QC, chairman of the Solicitors’ Association of Higher Court Advocates and one of only a handful of solicitor Queen’s Counsel who anomalously wear the same robes as barristers, says: “We have always argued for parity — with or without wigs.”
Lord Phillips favours a simple black gown and faulard or collar. Stephen Hockman, QC, the chairman of the Bar, is also believed to favour reform. |
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Fujimori Wins Legal Round in Extradition Fight
International |
2007/07/12 02:01
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A Chilean Supreme Court judge ruled Wednesday that former Peruvian president Alberto Fujimori should not be extradited to Peru to face charges of corruption and human rights abuses. The decision was not final -- lawyers for Peru's government have already announced that they plan to file an appeal to a Supreme Court panel. But the announcement provoked strong reactions in Peru, where Fujimori's 1990-2000 presidency still arouses passions among critics and supporters alike. Peru's government accuses Fujimori of embezzlement, kidnapping and numerous human rights violations during his government's fight against Shining Path rebels. According to the extradition request, Fujimori oversaw military death squads that killed 25 people in two mass murders. He has denied all the charges. "I am very bitter," said Raida Condor, whose son was one of nine students killed in 1992 at the La Cantuta teacher's college in Lima. "I am no longer sure that there can ever be justice. All these years, 15 years of fighting, and they tell us that he is not coming back to stand trial." After his government collapsed in scandal in 2000, Fujimori fled to Japan, the country of his parents' birth. The government there recognized him as a Japanese citizen and protected him from extradition. Fujimori attempted to return to Peru in 2005 to run for president again, but he was arrested in Chile while en route. Peruvian officials formally requested his extradition two months later. A University of Lima poll released Wednesday indicated that two-thirds of Peruvians "do not sympathize" with Fujimori. But those who do -- including legislators who call themselves the Fujimori caucus in Peru's Congress -- quietly celebrated the setback to an extradition attempt that they labeled "political persecution." "I have spoken to the president [Fujimori], and we are very calm," said Rep. Alejandro Aguinaga, spokesman for the caucus and a health minister under Fujimori. "We are taking the process one day at a time, but this is certainly an important moment for us and for justice after years of persecution." Fujimori, 68, who remains under house arrest in Chile, recently announced plans to run for a Senate seat in Japan. In an election scheduled for this month, he is listed as a candidate of the New People's Party, a small conservative opposition group. Fujimori's critics have alleged that this candidacy is an attempt to avoid potential extradition by attaining parliamentary immunity in Japan. But Aguinaga said Fujimori decided to run only because he has been banned from political office in Peru until 2011. Human rights groups quickly expressed disappointment with Wednesday's ruling but said they remain confident of a reversal. Maria McFarland, a senior researcher for the New York-based advocacy group Human Rights Watch and author of a 2005 report that detailed Fujimori's alleged abuses, said the judge ignored key evidence. This, she said, included videotaped testimony that he approved the actions of the death squads and ordered the illegal payment of $15 million to ex-spy chief Vladimir Montesinos. "I think that when this goes to the criminal chamber of the Supreme Court -- if they look at all the evidence -- they'll reach a completely different decision," McFarland said. |
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Court annuls EU move on De Beers diamonds trade
International |
2007/07/11 07:35
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A top European court on Wednesday struck down a decision by the European Commission which forced diamond producer De Beers to stop buying rough diamonds from Alrosa of Russia, the second-largest producer. "The Court of First Instance annuls the Commission's decision making binding the commitments proposed by De Beers to cease all purchases of rough diamonds from Alrosa," the court said in a statement. The Commission said in February last year it had settled a monopoly abuse case with De Beers, which is 45 percent owned by mining conglomerate Anglo American, after the company agreed to halt the purchase of rough diamonds from Alrosa from 2009. The Commmission said at the time the move would pave the way for more competition in the supply of rough diamonds.
"The Court takes the view in the present case that the complete prohibition of all commercial relations between the two parties with effect from 2009 is manifestly disproportionate," the court said.
The Commission said it would study the ruling carefully. De Beers accounted for about half the world diamond market in 2005. Alrosa extracts nearly a quarter of the world's diamonds.
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China executes former chief of food and drug agency
International |
2007/07/10 05:58
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The former official, Zheng Xiaoyu, who had been sentenced to death on May 29, was executed Tuesday, the Xinhua News Agency reported. Zheng was found guilty of taking 6.49 million yuan, or about $850,000, in bribes, including cash and gifts, and dereliction of duty, Xinhua reported. Zheng "sought benefits" for eight pharmaceutical companies by approving their drugs and medical devices during his tenure as China's chief drug and food official from June 1997 to December 2006, according to the media report. During Zheng's tenure, six types of medicine were approved that turned out to be fake and some pharmaceutical companies used false documents to apply for approvals. In comments on Zheng's case, a spokeswoman for the State Food and Drug Administration, Yan Jiangying, said Tuesday that corrupt officials have shamed the country's food and drug supervision system, Xinhua reported. "We should seriously reflect and learn from these cases," Yan said. "We should fully protect public food and drug safety. The new drug registration regulation, which will come out soon, will ensure the transparency of the drug approval procedure." In late June, China shut down 180 food producers that were found to be using improper industrial chemicals and additives. Also last month, the U.S. Food and Drug Administration said it is imposing stricter controls on farm-raised Chinese seafood because of long-term health concerns about contamination with drugs and unsafe food additives, but that there is no immediate danger to consumers. The action, which was effective immediately, covers farm-raised shrimp, eel, catfish, and two other kinds of fish, basa and dace, from China, the world's largest producer of farmed fish and the third-largest exporter of seafood to the United States. |
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China Court Plugs Bribery Loopholes
International |
2007/07/09 07:13
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China's top court closed loopholes for bribing officials, issuing rules to stem rampant graft that threatens to undermine the Communist Party's grip on power. The court and top prosecutor jointly issued the rules Sunday in an effort to "catch up with the tricks of wily, corrupt officials," the official Xinhua News Agency reported. The rules widen the definition of bribery to include money, gifts or favors given to the family members or proxies of officials, or to officials after they retire. Officials can be charged with graft even if they don't personally get a bribe, and the rules make it illegal to help officials covertly arrange bribes. The rules come a month after President Hu Jintao stressed again that China must urgently tackle corruption, a deep-rooted problem the party has been battling publicly for a decade. To fight corruption in the state-controlled media, the government posted on the Internet the names of all Chinese print and television journalists and listed the contact information for their organizations. Shady dealings by media employees using the names of their newspapers have "marred the reputation of Chinese media," Xinhua reported Sunday, announcing the list. Chinese reporters often cut deals to write positive stories or suppress negative news in return for bribes or promises to buy advertising in their publications. |
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EU bans misleading "sunblock" labels
International |
2007/07/08 09:11
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There is no such thing as 100 percent protection from the sun, the European Union's consumer chief warned holidaymakers on Monday and she banned the words "sunblock" and "100 percent sun protection" on sun cream. Such labeling is misleading and contributes to thousands of deaths each year, Consumer Protection Commissioner Meglena Kuneva said. "Consumers need clear, accurate information on sunscreen products so they can make informed choices," she said in a statement. "There is no such thing as 100 percent protection and we need to reinforce that essential message. This is just one of a number of measures that are necessary for effective protection against the sun." According to Cancer Research UK, the number of skin cancer cases in that country has more than doubled since the early 1980s with over 2,000 deaths from skin cancer each year. Under the new rules, which came into force on Monday and will be phased in before the end of the year, the new labels will also include a new UVA logo and standardized terms such as "low," "medium," "high" and "very high" protection. UVA is the term used for ultraviolet light that can cause chronic conditions such as the appearance of aging and interferes with the human immune system.
UVB radiation is the cause of sunburn, but damages only the skin's outer layer or epidermis. Although both types of radiation are important contributors to the risk of skin cancer, experts believe UVA plays a bigger role. The Commission said sunscreen products with only UVB protection may provide a false sense of safety because they do not protect against UVA radiation. As labels for 2007 have already been printed, around 20 percent of sunscreen products on the shelves will feature the new labels. "So for the moment consumers are advised to read labels very carefully during this summer," Kuneva said. |
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Farnham's manager pleads guilty to tax scam
International |
2007/07/06 01:19
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John Farnham's manager Glenn Wheatley has pleaded guilty to three tax-related charges. The 59-year-old admitted not declaring his $256,000 income from Farnham's Talk of the Town Tour. The court heard Wheatley paid it into a Swiss-based tax minimisation scheme that is now under investigation as part of the Australian Crime Commission's Operation Wickenby. Wheatley has also pleaded guilty to avoiding his tax obligations as promoter of a 2003 Kostya Tszyu boxing match. Wheatley told the court he was deeply ashamed of his actions. He added he was angry he has become the public face of Operation Wickenby because of a leak, despite promises from authorities that his case would be kept confidential until today.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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