Command Papers – official-documents.gov.uk

Posted February 7th, 2013 in parliamentary papers by sally

Memorandum to the Communities and Local Government Commons Departmental Select Committee: Government response to the Communities and Local Government Select Committee’s Report: Mutual and co-operative approaches to delivering local services, Cm 8547 (PDF)

Protocol amending the Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Belgium for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains, signed at Brussels on 1 June 1987, Cm 8549 (PDF)

Convention between the United Kingdom of Great Britain and Northern Ireland and Barbados for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital, Cm 8548 (PDF)

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Ukraine Concerning Air Services, Cm 8546 (PDF)

Intelligence and Security Committee: Access to communications data by the intelligence and security Agencies, Cm 8514 (PDF)

Children and Families Bill 2013: Contextual Information and Responses to Pre-Legislative Scrutiny, Cm 8540 (PDF)

Government response to the House of Commons Work and Pensions Select Committee’s third report of Session 2012-13: Universal Credit implementation: meeting the needs of vulnerable claimants, Cm 8537 (PDF)

Treasury Minutes, Cm 8539 (PDF)

Convention between the United Kingdom of Great Britain and Northern Ireland and the Principality of Liechtenstein for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital, Cm 8542 (PDF)

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Socialist Republic of Viet Nam Concerning Air Services, Cm 8544 (PDF)

Exchange of Notes concerning the Convention between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation for the Avoidance of Double Taxation with respect to Taxes on Income, signed at London on 8 December 1977, as amended by the Protocols signed at London on 5 March 1981, at Berne on 17 December 1993, at London on 26 June 2007 and at London on 7 September 2009, with Additional Protocol, Cm 8543 (PDF)

Banking reform: a new structure for stability and growth, Cm 8545 (PDF)

Second Protocol amending the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains signed at Singapore on 12 February 1997 as amended by a Protocol signed at Singapore on 24 August 2009, Cm 8552 (PDF)

Source: www.official-documents.gov.uk

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Web publishers responsible for ‘inevitable’ database rights infringement of users, says Court of Appeal – OUT-LAW.com

Posted February 7th, 2013 in appeals, database right, internet, news by sally

“Website operators can be held responsible for database rights infringement by their users if that infringement was ‘inevitable’ as a result of actions of the site operators, the Court of Appeal has said.”

Full story

OUT-LAW.com, 7th February 2013

Source: www.out-law.com

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Romford and Eastbourne hospitals dragged in to NHS care scandal – Daily Telegraph

Posted February 7th, 2013 in hospitals, human rights, negligence, news by sally

“Two more hospitals were dragged into the NHS care scandal today as it emerged that 18 families were taking legal action on the grounds that their loved ones had suffered neglect and negligence.”

Full story

Daily Telegraph, 7th February 2013

Source: www.telegraph.co.uk

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Police watchdog investigates whether force acted quickly enough to arrest Lostprophets singer Ian Watkins over alleged plot to rape baby – The Independent

Posted February 7th, 2013 in complaints, conspiracy, delay, news, police, rape, sexual offences by sally

“Police involved in the arrest of ‘Lostprophets’ vocalist Ian Watkins, in relation to an alleged plot to rape a baby, are under investigation over whether or not they acted quickly enough.”

Full story

The Independent, 7th February 2013

Source: www.independent.co.uk

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Enforcement of foreign insolvency judgments in England and Wales ~ Rubin, New Cap and beyond – 11 Stone Buildings

Posted February 7th, 2013 in enforcement, insolvency, judgments, jurisdiction, news, Supreme Court by sally

“After the euphoria engendered by the Court of Appeal judgments in Rubin v Eurofinance SA and New Cap Reinsurance v Grant, the longawaited judgment of the Supreme Court which was handed down on 23 October 2012, has left the insolvency profession scratching its collective head. Lexa Hilliard QC takes a closer look at the judgment and explains why its reasoning is not entirely convincing.”

Full story (PDF)

11 Stone Buildings, January 2013

Source: www.11sb.com

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COMI, bankruptcy tourism and forum shopping – 11 Stone Buildings

Posted February 7th, 2013 in bankruptcy, choice of forum, insolvency, jurisdiction, news by sally

“The UK Bankruptcy Courts have become the destination of choice for foreign debtors leading to ‘bankruptcy tourism’ and forum shopping. Why is this the case and is it ever safe to travel? Marcia Shekerdemian sets the scene, examines this phenomenon and puts a few cases under the insolvency microscope.”

Full story (PDF)

11 Stone Buildings, February 2013

Source: www.11sb.com

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Proximity to fame, privacy and copyright ownership – 5RB

Posted February 7th, 2013 in copyright, human rights, media, news, privacy by sally

“Following the decision to restrain publication of semi-nude photos of Kate Winslet’s husband (Mr Rocknroll), Chloe Strong, barrister at 5RB Chambers, discusses the case and what it means for privacy disputes.”

Full story (PDF)

5RB, 24th January 2013

Source: www.5rb.com

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Private Criminal Prosecutions in Financial Remedies Cases – Family Law Week

Posted February 7th, 2013 in conspiracy, crime, divorce, financial provision, news, private prosecutions by sally

“Andrzej Bojarski, Kate Tompkins and Cameron Crowe, barristers at 36 Bedford Row, combine their expertise in unravelling complex financial arrangements on divorce and prosecuting serious crimes to consider whether the criminal courts might offer opportunities for a spouse in an exceptional case when all conventional options in the family courts have been exhausted.”

Full story

Family Law Week, 6th February 2013

Source: www.familylawweek.co.uk

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Children and young people who sexually offend: Missing opportunities to prevent reoffending report – Ministry of Justice

Posted February 7th, 2013 in children, news, recidivists, reports, sexual offences, young offenders by sally

“Reoffending by children and young people who commit sexual offences can be prevented, but opportunities to intervene early were often missed by professionals, according to independent inspectors. Today they published the report of a joint inspection on children and young people who sexually offend.”

Full story

Ministry of Justice, 7th February 2013

Source: www.justice.gov.uk

Related link: Examining Multi-Agency Responses to Children and Young People who sexually offend (PDF)

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Just Markets – Gresham College Lecture

Posted February 7th, 2013 in civil justice, competition, news, poverty, speeches, taxation by sally

“This lecture focuses on the question of whether justice in relation to markets is entirely to be seen as being procedural – that justice is a matter of securing the conditions of non-coercive economic exchange between free individuals. Or is justice also about social justice- that is to say about the proper distribution of resources and a concern about the outcomes of markets? If justice is about social as well as procedural justice how can we arrive at criteria for distributive justice if all moral values are seen as subjective? Should we not rather see market outcomes, in the words of the economist Fred Hirsch as being ‘in principle unprincipled’?”

Transcript

Lecture by Professor the Lord Plant of Highfield

Gresham College, 29th January 2013

Source: www.gresham.ac.uk

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Regina (Gallastegui) v Westminster City Council and others – WLR Daily

Regina (Gallastegui) v Westminster City Council and others [2013] EWCA Civ 28; [2013] WLR (D) 45

“Sections 143 and 145 of the Police Reform and Social Responsibility Act 2011 were carefully targeted to prevent protesters camping with tents or sleeping equipment on Parliament Square Gardens, but did not generally impair freedom to protest at all. As a consequence they were not incompatible with the rights to freedom of expression and protest in articles 10 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Sincethe procedure set out in the 2011 Act allowed for access to a court, article 6 of the Convention was not engaged.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

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Regina (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland Borough Council – WLR Daily

Posted February 7th, 2013 in care homes, elderly, fees, judicial review, local government, news by sally

Regina (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland Borough Council [2013] EWHC 4 (Admin); [2013] WLR (D) 44

“A dispute between care providers and a local authority over the rate due for supporting the care of the elderly in care homes was amenable to judicial review.”

WLR Daily, 17th January 2013

Source: www.iclr.co.uk

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Regina v B (M) – WLR Daily

Posted February 7th, 2013 in appeals, consent, law reports, mental health, rape by sally

Regina v B (M) [2013] EWCA Crim 3; [2013] WLR (D) 43

“Under the rule in section 1 of the Sexual Offences Act 2003, unless the defendant’s state of mind amounted to insanity in law, beliefs in consent arising from conditions such as delusional psychotic illness or personality disorders had to be judged by objective standards of reasonableness and not by taking into account a mental disorder which induced a belief which could not reasonably arise without it.”

WLR Daily, 31st February 2013

Source: www.iclr.co.uk

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Twentieth Century Fox Film Corpn and others v Harris and others – WLR Daily

Posted February 7th, 2013 in copyright, injunctions, law reports, media by sally

Twentieth Century Fox Film Corpn and others v Harris and others [2013] EWHC 159 (Ch); [2013] WLR (D) 42

“A copyright owner did not have a proprietary claim to money derived from infringement of the copyright.”

WLR Daily, February 2013

Source: www.iclr.co.uk

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VTB Capital plc v Nutritek and others – WLR Daily

VTB Capital plc v Nutritek and others [2013] UKSC 5; [2013] WLR (D) 41

“Where a claimant alleged that it had been induced by the fraudulent misrepresentations of a third party to enter a contract with a company, and sought to make a contractual claim against the third party as being jointly and severally liable with the company, it was not appropriate for the court to pierce the corporate veil, even if it could do so on appropriate facts, since to do so would render the third party liable as if he had been a co-contracting party with the company when he had not, and when none of the contracting parties, including the claimant, had intended that he should be.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

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Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) – WLR Daily

Posted February 7th, 2013 in contracts, enforcement, landlord & tenant, law reports, leases, third parties by sally

Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) [2013] EWHC 98 (Ch); [2013] WLR (D) 40

“An option in an agreement which, if taken up, would lead to a tenancy was not ‘an agreement for a tenancy’ for the purposes of section 28(1) of the Landlord and Tenant (Covenants) Act 1995. Also, conditions precedent to the grant of lease were not covenants that were part of the agreement for a tenancy nor were they comprised within landlord and tenant covenants for the purposes of section 28. Therefore, in neither case did the burden of the obligation undertaken by the vendor transfer to the purchaser by virtue of the 1995 Act.”

WLR Daily, February 2013

Source: www.iclr.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted February 7th, 2013 in news by sally

The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2013

The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2013

The Olympic Lottery Distributor (Dissolution) Order 2013

Source: www.legislation.gov.uk

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BAILII: Recent Decisions

Posted February 7th, 2013 in law reports by sally

Supreme Court

VTB Capital Plc v Nutritek International Corp & Ors [2013] UKSC 5 (6 February 2013)

O’Brien v Ministry of Justice [2013] UKSC 6 (6 February 2013)

Court of Appeal (Criminal Division)

Adeojo & Anor v R. [2013] EWCA Crim 41 (06 February 2013)

Court of Appeal (Civil Division)

Templeton Insurance Ltd v Thomas & Anor [2013] EWCA Civ 35 (05 February 2013)

Football Dataco Ltd & Ors v Stan James Plc & Ors [2013] EWCA Civ 27 (06 February 2013)

International Energy Group Ltd v Zurich Insurance Plc UK Branch [2013] EWCA Civ 39 (06 February 2013)

Wilkinson & Ors v Kerdene Ltd [2013] EWCA Civ 44 (06 February 2013)

Abdullah v Secretary of State for the Home Department [2013] EWCA Civ 42 (06 February 2013)

High Court (Queen’s Bench Division)

Montpellier Estates Ltd v Leeds City Council [2013] EWHC 166 (QB) (06 February 2013)

High Court (Administrative Court)

Kwao v University of Keele [2013] EWHC 56 (Admin) (24 January 2013)

Sandiford, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2013] EWHC 168 (Admin) (04 February 2013)

Burger v Office of the Independent Adjudicator for Higher Education [2013] EWHC 172 (Admin) (06 February 2013)

Winchester City Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 101 (Admin) (01 February 2013)

AT & Ors, R (on the application of) v London Borough of Islington [2013] EWHC 107 (Admin) (01 February 2013)

Scholten, R (on the application of) v General Medical Council [2013] EWHC 173 (Admin) (06 February 2013)

High Court (Commercial Court)

Cadogan Maritime Inc v Turner Shipping Inc [2013] EWHC 138 (Comm) (05 February 2013)

Lehman Brothers Bankhaus AG I. Ins v CMA CGM [2013] EWHC 171 (Comm) (06 February 2013)

Source: www.bailli.org

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Personal data: it’s all in the name – Panopticon

Posted February 7th, 2013 in data protection, freedom of information, news, tribunals by sally

“A person’s name constitutes his or her personal data – so has held the Upper Tribunal recently in Information Commissioner v Financial Services Authority & Edem [2012] UKUT 464 (AAC).”

Full story

Panopticon, 7th February 2013

Source: www.panopticonblog.com

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Victorian child neglect laws in ‘urgent’ need of overhaul, warns Baroness Butler-Sloss – Daily Telegraph

Posted February 7th, 2013 in child neglect, judges, legislation, mental health, news by sally

“The current laws on child neglect are not fit for the 21st Century and in ‘urgent’ need of reform, Britain’s most senior authority on family law warns today.”

Full story

Daily Telegraph, 7th February 2013

Source: www.telegraph.co.uk

Related link: The criminal law and child neglect: an independent analysis and proposal for reform (PDF)

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