Damages claims “inevitable consequence” of Government’s confused approach to solar, says expert – OUT-LAW.com

Posted January 24th, 2013 in damages, energy, news by sally

“Reports that some companies involved in solar energy are pursuing claims for damages against the Government are the ‘inevitable consequence of its hitherto confused’ approach to subsidies, an expert has said.”

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OUT-LAW.com, 24th January 2013

Source: www.out-law.com

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Businessman spared jail over child porn – The Independent

“An MP’s son who joined an online ‘club’ of perverts who shared sickening images of child abuse has been handed a suspended jail term.”

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The Independent, 24th January 2013

Source: www.independent.co.uk

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Anonymous hacker group: Two jailed for cyber attacks – BBC News

Posted January 24th, 2013 in computer crime, news, sentencing, suspended sentences by sally

“Two men who carried out cyber attacks for the Anonymous hacking group have been jailed.”

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BBC News, 24th January 2013

Source: www.bbc.co.uk

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Google, Facebook and Twitter may ‘face EU defamation and privacy cases’ – The Guardian

Posted January 24th, 2013 in defamation, EC law, internet, news, privacy by sally

“Google, Facebook and Twitter’s decision to establish their European bases in Dublin has opened the internet giants up to EU defamation and privacy laws like never before, a libel lawyer has warned.”

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The Guardian, 24th January 2013

Source: www.guardian.co.uk

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Legal advice privilege should not extend to accountant’s advice, says Supreme Court – UK Human Rights Blog

Posted January 24th, 2013 in accountants, financial advice, news, privilege, Supreme Court by sally

“The Supreme Court has ruled that legal advice privilege should only apply to advice given by a member of the legal profession; that this is what the common law has always meant, and that any wider interpretation would lead to uncertainty. Two strong dissents do not find any principled underpinning for the restriction of the privilege to advice from solicitors or barristers.”

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UK Human Rights Blog, 24th January 2013

Source: www.ukhumanrightsblog.com

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Ministers consider clampdown on ‘industrial users’ of Freedom of Information – BBC News

Posted January 24th, 2013 in freedom of information, local government, news by sally

“The government is considering how to curb repetitive and overly expensive Freedom of Information requests, a justice minister has said.”

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BBC News, 24th January 2013

Source: www.bbc.co.uk

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Secret courts ‘unjust’ warns Law Society – Law Society’s Gazette

Posted January 24th, 2013 in civil justice, closed material, news, private hearings by sally

“Extending secret courts to ordinary civil justice cases would see the UK ‘stoop to the level of repressive regimes’, the Law Society warns today.”

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Law Society’s Gazette, 24th January 2013

Source: www.lawgazette.co.uk

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Media law trends in 2013: what’s on the horizon – The Guardian

Posted January 24th, 2013 in advertising, copyright, defamation, internet, media, news by sally

“From libel reform to ambush marketing, our experts highlight the key media law trends in 2013.”

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The Guardian, 24th January 2013

Source: www.guardian.co.uk

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Isle of Wight £90m cocaine yacht trial: Piotr Pachnia guilty – BBC News

Posted January 24th, 2013 in confiscation, drug trafficking, news by sally

“A man has been found guilty of possessing £90m of cocaine found hidden on a yacht off the Isle of Wight.”

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BBC News, 23rd January 2013

Source: www.bbc.co.uk

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Publication of Jackson regulations is ‘starting point’ of 1 April reforms, says expert – OUT-LAW.com

Posted January 24th, 2013 in civil justice, costs, fees, legislation, news by sally

“The publication of three draft statutory instruments (SIs) that will implement part of the ‘Jackson’ reforms to civil court costs and procedures shows that the Government remains intent on a 1 April start date, an expert has said.”

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OUT-LAW.com, 24th January 2013

Source: www.out-law.com

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BAILII: Recent Decisions

Posted January 24th, 2013 in law reports by sally

Supreme Court

Zakrzewski v The Regional Court in Lodz, Poland [2013] UKSC 2 (23 January 2013)

Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc (Scotland) [2013] UKSC 3 (23 January 2013)

Prudential plc & Anor, R (on the application of) v Special Commissioner of Income Tax & Anor [2013] UKSC 1 (23 January 2013)

Court of Appeal (Civil Division)

Omnipharm Ltd v Merial [2013] EWCA Civ 2 (23 January 2013)

High Court (Chancery Division)

Eckerle & Ors v Wickeder Westfalenstahl GmbH & Anor [2013] EWHC 68 (Ch) (23 January 2013)

Gorbunova v Berezovsky (aka Platon Elenin) & Ors [2013] EWHC 76 (Ch) (18 January 2013)

High Court (Administrative Court)

Purnell, R (on the application of) v South Western Magistrates’ Court [2013] EWHC 64 (Admin) (23 January 2013)

High Court (Family Division)

S (findings of fact), Re [2013] EWHC 15 (Fam) (14 January 2013)

High Court (Commercial Court)

Camerata Property Inc v Credit Suisse Securities (Europe) Ltd [2013] EWHC 29 (Comm) (23 January 2013)

Source: www.bailii.org

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Police officers sue forces over forced retirement – BBC News

Posted January 24th, 2013 in age discrimination, employment tribunals, news, police, retirement by sally

“Five police forces are to be taken to an employment tribunal accused of age discrimination.”

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BBC News, 23rd January 2013

Source: www.bbc.co.uk

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Property laws for cohabiting couples ‘unfair’, judge says – Daily Telegraph

Posted January 24th, 2013 in cohabitation, financial provision, news by sally

“Property laws for cohabiting couples are ‘unfair’ on women who are often left with nothing after separating from their partners, an appeal court judge said on Wednesday.”

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Daily Telegraph, 23rd January 2013

Source: www.telegraph.co.uk

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Sony fined £250,000 over PlayStation hack – The Guardian

Posted January 24th, 2013 in computer crime, data protection, fines, news by sally

“Sony Computer Entertainment has been fined a record £250,000 by the data protection watchdog after the personal details of millions of gamers – including passwords and credit card numbers – were leaked online.”

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The Guardian, 24th January 2013

Source: www.guardian.co.uk

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Bar Council welcomes Supreme Court ruling on LLP – The Bar Council

Posted January 24th, 2013 in accountants, barristers, financial advice, news, privilege, Supreme Court by sally

“The Bar Council, which represents barristers in England and Wales, has welcomed the 5:2 majority ruling of the Supreme Court against extending legal professional privilege (LPP) to non-lawyers, following a case put forward by financial services group, Prudential, requesting that LPP be extended to protect advice given by accountants.”

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The Bar Council, 23rd January 2013

Source: www.barcouncil.org.uk

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Inspector finds UK Border Agency backlog dating back 10 years – The Guardian

Posted January 24th, 2013 in delay, immigration, married persons, news, reports by sally

“A ‘completely unacceptable’ UK Border Agency backlog of more than 16,000 applications from migrants for permission to stay in Britain, some of them dating back almost a decade, has been uncovered by the chief inspector of borders and immigration.”

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The Guardian, 23rd January 2013

Source: www.guardian.co.uk

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Lloyds TSB Foundation for Scotland v Lloyds Banking Group plc – WLR Daily

Posted January 24th, 2013 in banking, charities, contracts, covenants, law reports, Supreme Court, taxation by sally

Lloyds TSB Foundation for Scotland v Lloyds Banking Group plc [2013] UKSC 3; [2013] WLR (D) 19

“In construing a contractual provision, where there had been an unforeseeable and fundamental change in the legal context since the execution of the contract, the proper approach was to adopt a meaning which best gave effect to the parties’ original intentions and purposes. Where, therefore, a deed executed in 1997 provided for payment to be made by a banking group to a charitable foundation by reference to the group’s pre-tax profit or loss shown in the audited accounts, and a change in accounting practice subsequently required the group consolidated income statement to include, as a profit, a sum representing an unrealised gain on acquisition, the inclusion of such a sum was to be ignored for the purposes of calculating the amount payable to the foundation under the deed.”

WLR Daily, 23rd January 2013

Source: www.iclr.co.uk

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Zakrzewski v District Court in Torun, Poland – WLR Daily

Posted January 24th, 2013 in extradition, law reports, Supreme Court, warrants by sally

Zakrzewski v District Court in Torun, Poland [2013] UKSC 2; [2013] WLR (D) 18

“Where the information set out by the requesting state in an European arrest warrant had correctly specified ‘the sentence . . . imposed’ on the convicted person whose extradition it sought, as required by section 2(6)(e) of the Extradition Act 2003, but the courts in that state had subsequently aggregated the sentences so that he was to serve a different, albeit lesser, sentence than that stated in the information, the warrant remained valid and the person could be extradited.”

WLR Daily, 23rd January 2013

Source: www.iclr.co.uk

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European Commission v Tomkins plc – WLR Daily

Posted January 24th, 2013 in company law, competition, EC law, law reports, subsidiary companies by sally

European Commission v Tomkins plc (Case C-286/11P); [2013] WLR (D) 17

“Where the liability of a parent company was derived exclusively from that of its subsidiary and where the parent and its subsidiary had brought parallel applications having the ‘same object’, the Court was entitled, without infringing the ne ultra petita principle—that European Union courts could not rule on aspects concerning addressees other than those covered by the applicant’s application—to take account of the outcome of the action brought by the subsidiary and to annul the action brought by the parent on that basis, despite the fact that the scope of the applications and arguments presented in each application were different.”

WLR Daily, 22nd January 2013

Source: www.iclr.co.uk

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Premises ‘reasonably required’ – NearlyLegal

Posted January 24th, 2013 in appeals, landlord & tenant, news, repossession by sally

“A rare Rent Act 1977 possession case, with possession sought as ‘reasonably required’ under Case 9 Of Schedule 15 of the 1977 Act via section 98(1).”

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NearlyLegal, 24th January 2013

Source: www.nearlylegal.co.uk

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