Barrister facing jail after £600,000 VAT fraud – Daily Telegraph

Posted February 11th, 2013 in barristers, fraud, news, tax evasion, VAT by sally

“A leading barrister who specialised in fraud cases is facing a substantial prison sentence after being convicted of evading more than £600,000 in tax.”

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Daily Telegraph, 11th February 2013

Source: www.telegraph.co.uk

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Video journalist fights court application over EDL footage – The Guardian

Posted February 11th, 2013 in disclosure, evidence, media, news, police, video recordings by sally

“A video journalist is fighting a court application by police to force him to hand over footage he shot of the English Defence League.”

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The Guardian, 11th February 2013

Source: www.guardian.co.uk

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In the public interest – Speech by Mr Justice Foskett

In the public interest (PDF)

Speech by Mr Justice Foskett

The ‘Disciplinary Conference’, 8th February 2013

Source: www.judiciary.gov.uk

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Protimonopolný úrad Slovenskej republiky v Slovenská sporiteľňa a.s. – WLR Daily

Posted February 11th, 2013 in competition, EC law, law reports by sally

Protimonopolný úrad Slovenskej republiky v Slovenská sporiteľňa a.s. (Case C-68/12); [2013] WLR (D) 52

“When assessing whether an agreement between several undertakings had the object of restricting competition within the meaning of article 101FEU of the FEU treaty, the fact that an institution, adversely affected by the agreement, had allegedly been operating illegally on the relevant market was of no relevance to that assessment.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

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Foulser v Her Majesty’s Revenue and Customs – WLR Daily

Foulser v Her Majesty’s Revenue and Customs [2013] UKUT 038 (TCC); [2013] WLR (D) 51

“The First-tier Tribunal had jurisdiction to deal with an allegation that a fair hearing of a tax appeal before it had been made impossible, but any contention that a party had acted unlawfully in public law had to be put forward by way of an application for judicial review in the High Court or the Upper Tribunal. In a case where the FTT considered that a debarring order was justified and no lesser order would meet the justice of the case but yet, the facts of the case did not come within Rules 7 and 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the FTT could produce the desired just result by using its power under Rule 5 to ‘regulate its procedure’, particularly to deal with the case fairly and justly.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

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The Manchester Ship Canal Co Ltd and another v United Utilities Water plc – WLR daily

Posted February 11th, 2013 in appeals, canals, law reports, sewerage, statutory interpretation by sally

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc [2013] EWCA Civ 40; [2013] WLR (D) 50

“The implied power of sewerage undertakers to discharge the contents of sewers via their outfalls onto third party property without the owner’s consent had not passed to their successor companies under the transfer scheme entered into as part of the privatisation process implemented under the Water Act 1989.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

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AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Same and others – WLR Daily

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Same and others [2013] EWHC 32 (QB); [2013] WLR (D) 49

“An intimate sexual relationship instigated by an undercover police officer with a member of the public for the purposes of obtaining information fell within the scope of ‘personal or other relationship with a person’ for the purposes of section 26(8) of the Regulation of Investigatory Powers Act 2000 so that, by section 65, the Investigatory Powers Tribunal had exclusive jurisdiction to hear a claim brought against the police under the Human Rights Act 1998.”

WLR Daily, 18th January 2013

Source: www.iclr.co.uk

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Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others – WLR Daily

Posted February 11th, 2013 in appeals, copyright, data protection, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others [2013] EWCA Civ 27; [2013] WLR (D) 48

“Pursuant to article 7 of Parliament and Council Directive 96/9/EC on the legal protection of databases, a sui generis database right subsisted in a database consisting of information gathered live at football matches as those matches proceeded. It was not the case that there could be no article 7 right unless there was investment in collecting together materials which had already been recorded.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

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Ministry of Justice (formerly Department of Constitutional Affairs) v O’Brien – WLR Daily

Posted February 11th, 2013 in EC law, judiciary, news, part-time work, pensions by sally

Ministry of Justice (formerly Department of Constitutional Affairs) v O’Brien [2013] UKSC 6; [2013] WLR (D) 47

“A part-time fee-paid judge was a worker under European Union law and had a right not to be treated in a less favourable manner than comparable full-time workers. The denial of retirement pensions to part-judges when full-time judges were granted pensions was less favourable treatment for which there was no objective justification. Accordingly, on the basic principle of remunerating part-time workers pro rata temporis, a recorder was entitled to a pension on terms equivalent to those applicable to a circuit judge.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

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In re Coniston Hotel (Kent) LLP (in liquidation) Bernsten and another v Tait and another – WLR Daily

Posted February 11th, 2013 in administrators, compensation, insolvency, news, pleadings by sally

In re Coniston Hotel (Kent) LLP (in liquidation) Bernsten and another v Tait and another [2013] EWHC 93 (Ch); [2013] WLR (D) 46

“Points of claim in insolvency proceedings should concisely set out every fact necessary to establish the legal basis for the relief sought but with a degree of particularity to enable those responding to understand the nature of the case.”

WLR Daily, 1st February 2013

Source: www.iclr.co.uk

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The IPCC should be scrapped, says former Met Police Commissioner Lord Stevens – Daily Telegraph

Posted February 11th, 2013 in complaints, diversity, education, news, police by sally

“The Independent Police Complaints Commission (IPCC) should be replaced with a new body that can hold the police to account when something goes wrong, says the former Commissioner of the Metropolitan Police, Lord Stevens.”

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Daily Telegraph, 10th February 2013

Source: www.telegraph.co.uk

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Room without review: Thoughts on tackling the bedroom tax – NearlyLegal

Posted February 11th, 2013 in benefits, budgets, disability discrimination, housing, local government, news, rent by sally

“With the beginning of the bedroom tax looming up for April and upwards of 700,000 households affected, I’ve been thinking about the position when the inevitable rent arrears possessions start to appear – probably by about October – and also whether the statute itself is open to challenge.”

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NearlyLegal, 10th February 2013

Source: www.nearlylegal.co.uk

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Does the state owe a duty to inform the wronged? And Ullah revisited – UK Human Rights Blog

Posted February 11th, 2013 in appeals, children, human rights, news, restraint by sally

“The Court of Appeal dismissed this claim by a children’s NGO for an order that the Secretary of State provide information to certain children to the effect that the SoS and his contractors had unlawfully used bodily restraint upon them whilst they were ‘trainees’ in Secure Training Centres.”

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UK Human Rights Blog, 10th February 2013

Source: www.ukhumanrightsblog.com

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Horsemeat scandal: ‘Tougher testing’ by retailers ordered – BBC News

Posted February 11th, 2013 in consumer protection, food hygiene, fraudulent trading, news by sally

“Retailers have agreed to carry out ‘more and tougher testing’ of beef products in the wake of widespread horsemeat contamination, the environment secretary says.”

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BBC News, 9th February 2013

Source: www.bbc.co.uk

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Commission unveils plans for expanded cyber breach notification regime – OUT-LAW.com

Posted February 11th, 2013 in computer crime, consumer protection, data protection, EC law, internet, news by sally

“A range of businesses across the financial services, energy and technology sectors are among those that would be subject to new cyber security and breach notification rules under new legislative plans outlined by the European Commission.”

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OUT-LAW.com, 8th February 2013

Source: www.out-law.com

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LSC drops legal aid contract changes – Law Society’s Gazette

Posted February 11th, 2013 in contracts, disclosure, Law Society, legal aid, news, prosecutions by sally

“The Legal Services Commission has agreed to drop controversial changes to ongoing legal aid contracts following talks with the Law Society.”

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Law Society’s Gazette, 11th February 2013

Source: www.lawgazette.co.uk

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Frances Andrade death: Charity calls for review in child abuse trials – BBC News

Posted February 11th, 2013 in charities, child abuse, news, prosecutions, trials, victims by sally

“A charity for adults who were abused in childhood has said the way prosecutions are brought must change after a victim took her own life during a trial.”

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BBC News, 9th February 2013

Source: www.bbc.co.uk

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Job applicants with schizophrenia facing ‘discrimination’ – The Independent

Posted February 11th, 2013 in disability discrimination, employment, mental health, news by sally

“Tens of thousands of people with schizophrenia are being denied the chance to work because of ‘severe discrimination’, a report has found.”

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The Independent, 11th February 2013

Source: www.independent.co.uk

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Nurse spared jail for killing baby in botched circumcision – BBC News

“A nurse who caused the death of a baby in a botched home circumcision has been spared jail.”

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BBC News, 8th February 2013

Source: www.bbc.co.uk

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Judges ‘should talk to children before making care decisions’ – The Guardian

“Many children who end up in care are never interviewed by the judge who makes the decision to remove them from their families, according to a report by an influential group of MPs and child protection experts.”

Full story

The Guardian, 10th February 2012

Source: www.guardian.co.uk