Introduction of tax general anti abuse rule (GAAR) delayed for several months, says Treasury – OUT-LAW.com

Posted December 11th, 2012 in bills, consultations, legislation, news, taxation by sally

“The general anti abuse rule (GAAR) will come into force from royal assent to the Finance Bill 2013 and not from 1 April 2013 as originally proposed, according to draft legislation for the Finance Bill 2013 published today.”

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OUT-LAW.com, 11th December 2012

Source: www.out-law.com

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Judge blames ‘diet of DVDs’ after boy, 17, murders mother – Daily Telegraph

Posted December 11th, 2012 in families, murder, news, offensive weapons, sentencing, young offenders by sally

“A teenager who murdered his mother after becoming fascinated with knives following a ‘two-year diet of constant DVDs’ has been sentenced to life imprisonment.”

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Daily Telegraph, 11th December 2012

Source: www.telegraph.co.uk

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Q&A: Communications Data Bill – BBC News

Posted December 11th, 2012 in bills, electronic mail, internet, investigatory powers, news, telecommunications by sally

“The government’s draft Communications Data Bill details plans to increase the amount of data gathered about the web and mobile habits of anyone in the UK.”

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BBC News,

Source: www.bbc.co.uk

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Equality Act 2010, possession claims and assessors – Hardwicke Chambers

Posted December 11th, 2012 in civil procedure rules, equality, landlord & tenant, news, repossession by sally

“It seemed a fairly straightforward hearing – a pre-trial review in an anti-social behaviour possession claim prior to a one-day trial at the end of December – with both my opponent and I agreeing that the matter was ready to proceed.”

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Hardwicke Chambers, 30th December 2012

Source: www.hardwicke.co.uk

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Command Papers – official-documents.gov.uk

Posted December 11th, 2012 in parliamentary papers by sally

Reducing the number and costs of whiplash claims: A consultation on arrangements concerning whiplash injuries in England and Wales, Cm 8425 (PDF)

Source: www.official-documents.gov.uk

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31 days later: Failure to comply with s 213 of the Housing Act 2004 – Hardwicke Chambers

Posted December 11th, 2012 in deposits, housing, landlord & tenant, news, penalties by sally

“The Tenancy Deposit Scheme came into force on 6th April 2007. After the Court of Appeal handing down a number of controversial ‘landlord friendly’ judgments on the meaning of ss 213-215 of Housing Act 2004 (‘the Act’), Parliament amended these provisions by s 184 of the Localism Act 2011 (‘2011 Act’). The amendments came into force on 6 April 2012. Since this date, there is a tough new world out there for unorganised or inexperienced landlords. This article seeks to set out what is required by landlords and what happens when things go wrong.”

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Hardwicke Chambers, 30th November 2012

Source: www.hardwicke.co.uk

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BAILII: Recent Decisions

Posted December 11th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Imam-Sadeque v Bluebay Asset Management (Services) Ltd [2012] EWHC 3511 (QB) (10 December 2012)

High Court (Administrative Court)

TNT Post UK Ltd, R (on the application of) v HM Revenue and Customs & Ors [2012] EWHC 3380 (Admin) (10 December 2012)

Linfoot v Secretary of State for the Department for Communities and Local Government [2012] EWHC 3514 (Admin) (10 December 2012)

High Court (Family Division)

B v A [2012] EWHC 3127 (Fam) (10 December 2012)

High Court (Technology and Construction Court)

UK Highways A55 Ltd & Ors v Hyder Consulting (UK) Ltd & Ors [2012] EWHC 3505 (TCC) (06 December 2012)

Source: www.bailii.org

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Outright or suspended – The correct approach in discretionary residential possession cases – Hardwicke Chambers

Posted December 11th, 2012 in appeals, housing, local government, news, repossession by sally

“On 29 November 2012 the Court of Appeal handed down judgment in Birmingham City Council v Mr Neil Ashton [2012] EWCA Civ 1557. Though the facts of the case were similar to many anti-social behaviour cases heard around the country it did throw up three particularly interesting areas of confirmation and clarification.”

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Hardwicke Chambers, 3rd December 2012

Source: www.hardwicke.co.uk

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Reducing the number and cost of whiplash claims – Ministry of Justice

Posted December 11th, 2012 in consultations, news, personal injuries, road traffic, small claims by sally

“The Government is committed to finding ways of tackling fraudulent and exaggerated whiplash claims, whilst ensuring that people who have suffered a genuine neck injury should continue to be able to get appropriate compensation. However, increases in claims for compensation relating to whiplash injuries are having a significant impact on the motor insurance premiums paid by individuals, families and businesses.”

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Ministry of Justice, 11th December 2012

Source: www.justice.gov.uk

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Property development in a cold climate – Hardwicke Chambers

Posted December 11th, 2012 in construction industry, news, planning, rights of way by sally

“In these somewhat tricky financial times, it is unsurprising that the Government is keen to persuade property developers to do their bit to kick-start the ailing economy by dusting off chunks of their carefully land-banked acreage and getting on with long-shelved construction projects. However, many things have changed in this post-banking-apocalypse world, and it is unlikely that developers will be in a position simply to take up projects exactly where they left off a few years ago. In addition to the obvious funding difficulties they now face, developers large and small will need to be alert to changes in planning policy and local needs since they put their projects on hold. These will be particularly relevant where the developer requires an extension of time on the original planning permission or where he wishes to escape from or mitigate the burden of an obligation previously accepted in order to obtain that permission or to deal with reserved matters.”

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Hardwicke Chambers, 10th December 2012

Source: www.hardwicke.co.uk

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“Engaged and in Control” – Incoming Bar Chairman sets Vision for Future – The Bar Council

Posted December 11th, 2012 in barristers, legal profession, news, speeches by sally

“Maura McGowan QC, the incoming Chairman of the Bar Council, which represents barristers in England and Wales, will this evening deliver her inaugural address at the Bar Council’s offices, in which she will set out a vision for a profession which is engaged and in control of its future.”

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The Bar Council, 10th December 2012

Source: www.barcouncil.org.uk

Related link: Engaged and in Control (PDF)

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Reforming Electoral Law in the UK – Law Commission

Posted December 11th, 2012 in consultations, elections, Law Commission, news, referendums by sally

“The Law Commission has identified the areas of UK electoral law that will come under scrutiny in a forthcoming review. The review, which will be conducted jointly with the Scottish Law Commission and the Northern Ireland Law Commission, aims to reform the law relating to elections and referendums across the UK.”

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Law Commission, 11th December 2012

Source: www.lawcommission.justice.gov.uk

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Lord Chief Justice Issues Warning over Jurors – Judiciary of England and Wales

Posted December 11th, 2012 in delay, judges, juries, news, reports, statistics by sally

“The Court of Appeal (Criminal Division) heard appeals against conviction and sentence more quickly last year than in previous years according to the Court’s annual report published today (Tuesday 11 December).”

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Judiciary of England and Wales, 11th December 2012

Source: www.judiciary.gov.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted December 11th, 2012 in legislation by sally

The Charities Act 2011 (Commencement No. 1) Order 2012

The Income Tax (Indexation) Order 2012

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012

The Charitable Incorporated Organisations (General) Regulations 2012

The Climate Change Levy (General) (Amendment) (No. 2) Regulations 2012

The Disabled People’s Right to Control (Pilot Scheme) (England) (Amendment) Regulations 2012

The Taxation (International and Other Provisions) Act 2010 (Part 7) (Amendment) Regulations 2012

The Controlled Foreign Companies (Excluded Banking Business Profits) Regulations 2012

The Seed Marketing (Amendment) Regulations 2012

The Plant Health (England) (Amendment) (No.2) Order 2012

Source: www.legislation.gov.uk

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Hillsborough inquests: attorney general moves to quash original verdicts – The Guardian

Posted December 11th, 2012 in health & safety, inquests, news, sport by sally

“The families of 96 Liverpool fans who died at Hillsborough in 1989 hailed the announcement yesterday that an application has been lodged by the attorney general to have the original inquests into the disaster quashed in the high court.”

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The Guardian, 10th December 2012

Source: www.guardian.co.uk

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GCSE grading row reaches high court – The Guardian

Posted December 11th, 2012 in education, examinations, judicial review, news by sally

“Thousands of students could see their GCSE English grades increased retrospectively through a high court case beginning on Tuesday in which an alliance of schools, councils and pupils will argue that exam boards and the government’s qualifications watchdog acted illegally in changing grade boundaries midway through the 2012 exams season.”

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The Guardian, 11th December 2012

Source: www.guardian.co.uk

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Whiplash proposals target fraudulent claims with increase in RTA small claims limit to £5,000 – Litigation Futures

Posted December 11th, 2012 in compensation, consultations, news, personal injuries, road traffic, small claims by sally

“The government will today finally unveil its long-awaited consultation on increasing the small claims limit for road traffic personal injury cases from £1,000 to £5,000, a move that would decimate the workload of many law firms.”

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Litigation Futures, 11th December 2012

Source: www.litigationfutures.com

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Anthony Lester: my vision of a Leveson law – The Guardian

Posted December 11th, 2012 in bills, complaints, freedom of expression, legislation, media, news by sally

“Use of the UK supreme court and judicial review can renew confidence in a system of self-regulation.”

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The Guardian, 10th December 2012

Source: www.guardian.co.uk

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Graffiti gang who caused £150,000 of damage ‘should be proud of their work’, says judge – Daily Telegraph

Posted December 11th, 2012 in artistic works, conspiracy, criminal damage, gangs, news, railways, sentencing by sally

“A judge has imposed the ‘least possible sentence’ on gang of graffiti vandals who attacked the capital’s tube network, saying one had a ‘portfolio you would be proud of’.”

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Daily Telegraph, 10th December 2012

Source: www.telegraph.co.uk

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‘Snooper’s charter’ faces rough ride through parliament – The Guardian

“Civil liberties are said to have been the political glue that brought the two coalition parties together before the general election, and nothing joined them more strongly than their joint opposition to Labour’s ‘Big Brother’ database.”

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The Guardian, 11th December 2012

Source: www.guardian.co.uk

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