BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) – Supreme Court

Posted May 10th, 2013 in company law, debts, insolvency, law reports, Supreme Court, winding up by sally

BNY Corporate Trustee Services Limited and others (Respondents) v Neuberger Berman Europe Ltd(on behalf of Sealink Funding Ltd) and others (Appellants); BNY Corporate Trustee Services Limited and others (Respondents) v Eurosail-UK 2007-3BL PLC (Appellant) [2013] UKSC 28 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

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Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) – Supreme Court

Posted May 10th, 2013 in law reports, mistake, Supreme Court, taxation, trusts by sally

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) [2013] UKSC 26 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

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SL (FC) (Respondent) v Westminster City Council (Appellant) – Supreme Court

Posted May 10th, 2013 in housing, immigration, local government, mental health, news, Supreme Court by sally

SL (FC) (Respondent) v Westminster City Council (Appellant) [2013] UKSC 27 | UKSC 2011/0229 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

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Former judge to examine role of police corruption in murder investigation – The Guardian

Posted May 10th, 2013 in corruption, inquiries, judges, media, murder, news, police, private investigators by sally

“The home secretary has ordered a review by a former senior judge into the role police corruption had in shielding the murderers of a private detective found with an axe embedded in his head.”

Full story

The Guardian, 10th May 2013

Source: www.guardian.co.uk

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Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) – WLR Daily

Posted May 10th, 2013 in appeals, immigration, judicial review, law reports, tribunals by sally

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) [2013] EWHC 1144 (Admin); [2013] WLR (D) 169

“The Home Office Discretionary Leave policy and instruction document (issued 27 October 2009) was not capable of being read and applied in a way which was compliant with section 55 of the Borders, Citizenship and Immigration Act 2009 and the associated jurisprudence.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

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Alarape and another v Secretary of State for the Home Department – WLR Daily

Posted May 10th, 2013 in EC law, education, families, immigration, law reports by sally

Alarape and another v Secretary of State for the Home Department (Case C-529/11); [2013] WLR (D) 168

“The parent of a child who had attained the age of majority and who had obtained access to education on the basis of article 12 of Council Regulation (EEC) No 1612/68 (as amended by Parliament and Council Directive 2004/38/EC) could continue to have a derived right of residence under that article if the child remained in need of the presence and care of that parent in order to be able to continue and to complete his or her education, which was for the referring court to assess, taking into account all the circumstances of the case before it. Periods of residence in a host member state which were completed by family members of a Union citizen who were not nationals of a member state solely on the basis of article 12 of Regulation (EEC) No 1612/68 could not be taken into consideration for the purposes of acquisition by those family members of a right of permanent residence.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

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Khans Solicitors (a firm) v Chifuntwe and another – WLR Daily

Posted May 10th, 2013 in appeals, costs, law firms, law reports, solicitors by sally

Khans Solicitors (a firm) v Chifuntwe and another [2013] EWCA Civ 481; [2013] WLR (D) 167

“The court would intervene to protect a solicitor’s claim on funds recovered or due to be recovered by a client or former client if the paying party was on notice that the other party’s solicitor had a claim on the funds for outstanding fees.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

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Antisocial behaviour, policing and crime measures unveiled – Home Office

Posted May 10th, 2013 in ASBOs, bills, complaints, dogs, firearms, forced marriages, news, police by sally

“The government has introduced new legislation to tackle antisocial behaviour, criminalise forced marriage and reform the police.”

Full story

Home Office, 9th May 2013

Source: www.gov.uk/home-office

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The existential crisis of set aside transactions under section 37 MCA 1973 – Family Law Week

Posted May 10th, 2013 in divorce, financial provision, news, setting aside by sally

“Byron James, barrister, 14 Grays Inn Square considers the questions arising in relation to transactions set aside by s.37 MCA 1973 orders.”

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Family Law Week, 9th May 2013

Source: www.familylawweek.co.uk

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12 months supervision for all prisoners on release – Ministry of Justice

“Radical reforms to the way criminals are rehabilitated will mean every offender leaving prison must serve a minimum of 12 months under supervision in the community, Justice Secretary Chris Grayling announced today [9 May].”

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Ministry of Justice, 9th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

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Review into Riot Damages Act announced – Home Office

Posted May 10th, 2013 in compensation, consultations, legislation, news, violent disorder by sally

“The Riot Damages Act will be independently reviewed to ensure it protects the vulnerable and provides value for money, the government announced today.”

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Home Office, 9th May 2013

Source: www.gov.uk/home-office

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Attorneys General support prosecutions of rape in conflicts – Attorney General’s Office

Posted May 10th, 2013 in attorney general, international relations, news, prosecutions, rape by sally

“The Attorneys General of Canada, Australia, the United States, New Zealand and England and Wales have resolved to work together more closely to fight sexual violence against women and children at yesterday’s annual Quintet meeting of Attorneys General in Auckland.”

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Attorney General’s Office, 9th May 2013

Source: www.gov.uk/ago

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From Barretry, Maintenance and Champerty to Litigation Funding – Lord Neuberger, President of The Supreme Court

Posted May 10th, 2013 in barristers, civil justice, judges, legal aid, speeches by sally

From Barretry, Maintenance and Champerty to Litigation Funding (PDF)

Lord Neuberger, President of The Supreme Court

Harbour Litigation Funding First Annual Lecture, 8th May 2013

Source: www.supremecourt.gov.uk

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Taking responsibility – New Law Journal

Posted May 10th, 2013 in families, guardianship, local government, news, supervision orders by sally

“Special guardianship orders have become an increasingly popular means of resolving family proceedings. They have found favour with local authorities as a means of securing kinship care placements and have been described as a half-way house between a residence order and an adoption order.”

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New Law Journal, 10th May 2013

Source: www.newlawjournal.co.uk

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Separate data protection law for employment relations recommended – OUT-LAW.com

Posted May 10th, 2013 in data protection, EC law, employment, news, reports by sally

“New laws should be drafted to set specific rules around data protection in employment relations, a new report has recommended.”

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OUT-LAW.com, 9th May 2013

Source: www.out-law.com

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“Is the test for capacity to cohabit the same as the test for capacity to marry?” – UK Human Rights Blog

Posted May 10th, 2013 in appeals, cohabitation, learning difficulties, mental health, news by sally

“It may seem strange that the same individual, with learning difficulties, can be considered to have capacity to marry, but not the capacity to decide whether to live with the person they have espoused. What, in essence, is marriage, that puts it on such a different footing to informal cohabitation?”

Full story

UK Human Rights Blog, 9th May 2013

Source: www.ukhumanrightsblog.com

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Tarunabh Khaitan: Caste as Race—A Welcome First Step – UK Constitutional Law Group

Posted May 10th, 2013 in equality, news, race discrimination, religious discrimination by sally

“Caste is not something that exists only in the cities and villages in the Indian subcontinent. With the diaspora, caste has travelled around the world, the United Kingdom being no exception. Despite activist and academic demands, the then Labour government decided not to prohibit caste discrimination when it enacted the Equality Act 2010. Instead, section 9(5) of the Act permitted a Minister to amend the Act ‘so as to provide for caste to be an aspect of race’—a power that was never exercised. Section 97 of the recently enacted Enterprise and Regulatory Reform Act 2013 now requires the concerned Minister to amend the definition of ‘race’ in section 9(1) of the Equality Act to include ‘caste’. The new legislation also empowers the Minister to review the operation of the amended section 9(5) of the Equality Act and repeal it if necessary. The House of Lords would have preferred a more straightforward and permanent expansion of the definition of ‘race’ by Parliament directly, but compromised to persuade a cautious Commons.”

Full story

UK Constitutional Law Group, 10th May 2013

Source: www.ukconstitutionallaw.org

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Grieving drivers who kill loved ones could escape prosecution – Daily Telegraph

“Dangerous drivers who kill a loved one could for the first time avoid prosecution because of their emotional trauma, the country’s top prosecutor said today.”

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Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

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‘It doesn’t add up': Jimmy Savile’s victims condemn report by West Yorkshire Police – The Independent

Posted May 10th, 2013 in complaints, news, police, reports, sexual offences, victims by sally

“Report examined the history of Savile’s relationship with the force and concluded there is no evidence he was protected by police officers.”

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The Independent, 10th May 2013

Source: www.independent.co.uk

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Legal aid cuts risks damaging civilised society, warns senor judge – Daily Telegraph

Posted May 10th, 2013 in barristers, civil justice, dispute resolution, judges, legal aid, news by sally

“Cuts to legal aid risk damaging the ‘essence of civilised society’ the country’s highest judge warned as he said everyone should have access to justice.”

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Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

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