Motion to widen Society membership withdrawn – Law Society’s Gazette

Posted December 17th, 2010 in Law Society, legal profession, news by sally

“Law Society Council member Derek French withdrew his motion proposing to allow barristers and legal executives to become members of the Law Society, at the Society’s council last week.”

Full story

Law Society’s Gazette, 17th December 2010

Source: www.lawgazette.co.uk

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Man sentenced for 1994 Colchester sex attack – BBC News

Posted December 17th, 2010 in news, rape, sentencing by sally

“A 40-year-old man has been sent to jail for the rape of a woman in Essex 16 years ago.”

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BBC News, 17th December 2010

Source: www.bbc.co.uk

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Gunman jailed for attempted murder in Bolton – BBC News

Posted December 17th, 2010 in attempts, murder, news, sentencing by sally

“A man has been jailed for life for shooting two men outside a Bolton Nightclub 10 years ago.”

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BBC News, 17th December 2010

Source: www.bbc.co.uk

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Appeal over hit-and-run asylum seeker – The Independent

Posted December 17th, 2010 in appeals, asylum, dangerous driving, deportation, news by sally

“The UK Border Agency will appeal against a tribunal ruling preventing the deportation of a failed asylum seeker who killed a 12-year-old girl in a hit-and-run driving incident, Immigration Minister Damian Green said today.”

Full story

The Independent, 17th December 2010

Source: www.independent.co.uk

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Three life sentences for 1982 murder of Dalston family – BBC News

Posted December 17th, 2010 in murder, news, sentencing by sally

“A man has been given three life sentences for killing a woman and her two daughters in east London in 1982.”

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BBC News, 17th December 2010

Source: www.bbc.co.uk

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BNP leader Nick Griffin wins court contempt battle – BBC News

Posted December 17th, 2010 in contempt of court, news, political parties, race discrimination by sally

“BNP leader Nick Griffin has fought off a bid to have him declared guilty of contempt of court.”

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BBC News, 17th December 2010

Source: www.bbc.co.uk

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Immigration cap overturned by high court judges – The Guardian

Posted December 17th, 2010 in immigration, news by sally

“The high court has delivered a fresh blow to home secretary Theresa May’s already troubled plans for a cap on immigration. Two senior judges have ruled that the temporary limit imposed from 28 June on skilled migrants from outside the European Union is unlawful because ministers sidestepped proper parliamentary approval when it was introduced.”

Full story

The Guardian, 17th December 2010

Source: www.guardian.co.uk

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BAILII: Recent Decisions

Posted December 17th, 2010 in law reports by sally

Court of Appeal (Civil Division)

RMM v HW & Ors [2010] EWCA Civ 1467 (17 December 2010)

Quinn v CC Automotive Group Ltd (t/a Carcraft) [2010] EWCA Civ 1412 (16 December 2010)

Warren v Calzaghe [2010] EWCA Civ 1447 (16 December 2010)

Southern Cross Healthcare Co Ltd v Perkins & Ors [2010] EWCA Civ 1442 (16 December 2010)

Benedetti v Sawiris & Ors [2010] EWCA Civ 1427 (16 December 2010)

Revenue and Customs v Blue Sphere Global Ltd [2010] EWCA Civ 1448 (16 December 2010)

Crema v Cenkos Securities Plc [2010] EWCA Civ 1444 (16 December 2010)

Devon and Somerset Fire and Rescue Service v Tilke [2010] EWCA Civ 1402 (16 December 2010)

Green v Sunset & Vine Productions Ltd & Anor [2010] EWCA Civ 1441 (16 December 2010)

High Court (Administrative Court)

Commission for Equality & Human Rights v Griffin & Ors [2010] EWHC 3343 (Admin) (17 December 2010)

Cala Homes (South) Ltd v Secretary of State for Communities & Local Government [2010] EWHC 3278 (Admin) (16 December 2010)

Wray, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3301 (Admin) (16 December 2010)

 High Court (Chancery Division)

Zurich Professional Ltd v Brown & Anor [2010] EWHC 3300 (Ch) (16 December 2010)

High Court (Commercial Court)

A v B [2010] EWHC 3302 (Comm) (16 December 2010)

High Court (Family Division)

A Chief Constable & Anor v YK & Ors [2010] EWHC 3282 (Fam) (14 December 2010)

High Court (Technology and Construction Court)

De Beers UK Ltd v Atos Origin It Services UK Ltd [2010] EWHC 3276 (TCC) (16 December 2010)

Source: www.bailii.org

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Official Solicitor to the Senior Courts v Yemoh and others – WLR Daily

Posted December 17th, 2010 in Ghana, law reports, marriage, polygamy, succession by sally

Official Solicitor to the Senior Courts v Yemoh and others [2010] WLR (D) 334

“Polygamous marriages contracted in accordance with the customary law of Ghana were recognised for the purposes of succession to real estate in England and Wales.”

WLR Daily, 16th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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DCC Holdings (UK) Ltd v Revenue and Customs Comrs – WLR Daily

Posted December 17th, 2010 in corporation tax, law reports, loans, statutory interpretation by sally

DCC Holdings (UK) Ltd v Revenue and Customs Comrs [2010] UKSC 58; [2010] WLR (D) 333

“When interpreting a deeming provision in a taxing statute it was important not to take the hypothesis further than was warranted. It followed that the deeming provisions in corporation tax legislation on sale and resale ‘repo’ transactions — whereby the parties’ accounts were to be debited and credited on the basis that it was a deemed loan relationship between them — were to be construed so that they reflected the statutory purpose of taxing such transactions on a uniform basis and not so that one party could claim a debit which could be set off against other liabilities.”

WLR Daily, 16th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Principal Reporter v K and others – WLR Daily

Posted December 17th, 2010 in children, contact orders, human rights, law reports, parental rights, Scotland by sally

Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332

“Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process.”

WLR Daily, 16th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs – WLR Daily

Posted December 17th, 2010 in death in custody, drug trafficking, ex turpi causa, human rights, news by sally

Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs [2010] EWCA Civ 1443; [2010] WLR (D) 331

“There were perceptible and sound policy reasons why the defence of ex turpi causa non oritur actio did not form part of the Strasbourg jurisprudence, save when the matter came to just satisfaction. To introduce it into a claim under the Human Rights Act 1998 would be to create a barrier which citizens of other member states did not face.”

WLR Daily, 16th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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DD (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted December 17th, 2010 in asylum, news, proscribed organisations, refugees, terrorism by sally

DD (Afghanistan) v Secretary of State for the Home Department [2010] EWCA Civ 1407; [2010] WLR (D) 330

“Section 54 of the Immigration, Asylum and Nationality Act 2006, on the construction of art 1F(c) of the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), confirmed by statute that acts of individuals might be acts contrary to the purposes and principles of the United Nations, which ‘included’ acts instigating terrorism and could include acts directed against UN mandated forces.”

WLR Daily, 16th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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UK will copy EU laws directly onto UK statute books to cut down red tape – OUT-LAW.com

Posted December 17th, 2010 in EC law, legislative drafting, news by sally

“The Government will copy and paste EU Directives onto the UK statute books wherever it can in a bid to cut down on bureaucracy and to help UK businesses.”

Full story

OUT-LAW.com, 16th December 2010

Source: www.out-law.com

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Solicitor-advocate training ‘not fit for purpose’ – Law Society’s Gazette

Posted December 17th, 2010 in legal education, news, solicitor advocates by sally

“The training given to solicitor-advocates is ‘not fit for purpose’ and must be improved to conquer the perception that they are inferior to barristers, according to an independent review.”

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Law Society’s Gazette, 16th December 2010

Source: www.lawgazette.co.uk

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Insurance Contract Law – Law Commission

Posted December 17th, 2010 in contracts, insurance, press releases by sally

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 16th December 2010

Source: www.lawcom.gov.uk

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Court of Appeal (Criminal Division) Review of the Legal Year 2009 – 2010 – Judiciary of England and Wales

Posted December 17th, 2010 in appeals, criminal justice, press releases, reports by sally

“Court of Appeal (Criminal Division) Review of the Legal Year 2009 – 2010.”

Full press release

Judiciary of England and Wales, 16th December 2010

Source: www.judiciary.gov.uk

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Powers to stop gang violence – Home Office

Posted December 17th, 2010 in gangs, injunctions, press releases by sally

“Gang injunctions’ can be used by police and local authorities from next month, minister James Brokenshire announced today.”

Full press release

Home Office, 16th December 2010

Source: www.homeoffice.gov.uk

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DPP announces measures to strengthen rape prosecutions – Crown Prosecution Service

Posted December 17th, 2010 in Crown Prosecution Service, press releases, prosecutions, rape by sally

” ‘Rape victims deserve justice and I am determined that we will deliver it,’ Keir Starmer QC, Director of Public Prosecutions, said today. Mr Starmer was announcing a series of changes within the CPS intended to instil greater quality and consistency into the processes by which crimes of rape are prosecuted.”

Full press release

Crown Prosecution Service, 16th December 2010

Source: www.cps.gov.uk

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New compassionate approach to family returns – UK Border Agency

Posted December 17th, 2010 in children, detention, immigration, press releases by sally

“Yarl’s Wood immigration removal centre will close to children with immediate effect today, following a review of the detention of children and family returns by the government working with key partners.”

Full press release

UK Border Agency, 16th December 2010

Source: www.ukba.homeoffice.gov.uk

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