Opinion: Anti-discrimination laws need to be made consistent – The Lawyer

“The European Court of Justice (ECJ) recently gave judgment in Coleman v Attridge Law (2008). In so doing, it clarified the remit of the Framework Directive (2000/78/EC), which was adopted in November 2000 to combat discrimination in the workplace on grounds of religion or belief, disability, age or sexual orientation.”

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The Lawyer, 28th July 2008

Source: www.thelawyer.com

Recent Statutory Instruments – OPSI

Posted July 28th, 2008 in legislation by sally

The Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2008

The Freedom of Information (Parliament and National Assembly for Wales) Order 2008

The Finance Act 2008, Section 29 (Appointed Day) Order 2008

The Finance Act 2008, Section 30 (Appointed Day) Order 2008

The Finance Act 2008, Section 28 (Appointed Day) Order 2008

The Finance Act 2008, Section 27 (Appointed Day) Order 2008

The Finance Act 2008, Section 26 (Appointed Day) Order 2008

The Air Navigation (Dangerous Goods) (Amendment) Regulations 2008

The A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2008

The Health Act 2006 (Commencement No. 5) Order 2008

The Commons Act 2006 (Commencement No. 4 and Savings) (England) Order 2008

The Overseas Life Insurance Companies (Amendment) Regulations 2008

The Insurance Companies (Taxation of Insurance Special Purpose Vehicles) Order 2008

The Financing-Arrangement-Funded Transfers to Shareholders Regulations 2008

The Stamp Duty Land Tax (Zero-Carbon Homes Relief) (Amendment) Regulations 2008

The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2008

The Community Emissions Trading Scheme (Allocation of Allowances for Payment) (Amendment) Regulations 2008

The Friendly Societies (Transfers of Other Business) (Modification of the Corporation Tax Acts) Regulations 2008

The Insurance Companies (Taxation of Reinsurance Business) (Amendment) Regulations 2008

The Registered Pension Schemes (Transfer of Sums and Assets) (Amendment) Regulations 2008

The Tax Avoidance Schemes (Information) (Amendment) Regulations 2008

The Taxes (Fees for Payment by Telephone) Regulations 2008

The Insurance Accounts Directive (Lloyd’s Syndicate and Aggregate Accounts) Regulations 2008

The Dartmoor Commons (Authorised Severance) Order 2008

Source: www.opsi.gov.uk

FSA launches third insider trading case – The Times

Posted July 28th, 2008 in financial regulation, insider dealing, news by sally

“The financial watchdog has continued its crackdown on market manipulation with another prosecution.”

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The Times, 28th July 2008

Source: www.timesonline.co.uk

Crime maps online ‘by end 2008’ – BBC News

Posted July 28th, 2008 in crime, news, police, statistics by sally

“New interactive maps which will allow every neighbourhood in England and Wales to access local crime information will be ready by the end of the year.”

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BBC News, 28th July 2008

Source: www.bbc.co.uk

Court bans physical restraint methods used on children in custody – The Guardian

Posted July 28th, 2008 in news, restraint, young offenders by sally

“Physical restraint methods on young people in secure training centres (STCs) – including pulling back thumbs – have been outlawed today by the Court of Appeal.”

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The Guardian, 28th July 2008

Source: www.guardian.co.uk

No charges over reporter’s death – BBC News

Posted July 28th, 2008 in armed forces, Iraq, news, unlawful killing by sally

“There is insufficient evidence to prosecute any US soldier over the death of ITN journalist Terry Lloyd in Iraq, the Crown Prosecution Service has said.”

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BBC News, 28th July 2008

Source: www.bbc.co.uk

SRA kickstarts Clementi revolution with new LDP structures – The Lawyer

Posted July 28th, 2008 in legal services, news, solicitors, Solicitors Regulation Authority by sally

“The Solicitors Regulation Authority (SRA) is set to change its Code of Conduct in reaction to the regulatory demands of Legal Services Act 2007.”

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The Lawyer, 28th July 2008

Source: www.thelawyer.com

Katona wins substantial damages – BBC News

Posted July 28th, 2008 in defamation, news by sally

“TV personality Kerry Katona has been awarded substantial damages over newspaper claims she worked as a prostitute before she was famous.”

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BBC News, 28th July 2008

Source: www.bbc.co.uk

‘Basil Fawlty’ groper leaves handprints on victim – Daily Telegraph

Posted July 28th, 2008 in assault, news, sexual offences by sally

“Peter Notridge had been working on his car moments before he fondled a woman in the street, covering her top with evidence.”

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Daily Telegraph, 28th July 2008

Source: www.telegraph.co.uk

Baby in mortuary since 1987 to be buried by council – The Guardian

Posted July 28th, 2008 in burials and cremation, news by sally

“The remains of a baby boy that have been in a mortuary for more than 21 years because his parents refused to register his death are to be buried by a council without their consent.”

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The Guardian, 28th July 2008

Source: www.guardian.co.uk

Police demand action after pubs ditch drinking code – The Guardian

Posted July 28th, 2008 in alcohol abuse, licensed premises, licensing, news by sally

“The drinks industry has torn up a voluntary code banning aggressive happy-hour deals and other irresponsible drinks promotions in more than half of the UK’s 57,000 pubs.”

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The Guardian, 28th July 2008

Source: www.guardian.co.uk

Coleman v Attridge Law and another – WLR Daily

Posted July 28th, 2008 in children, disability discrimination, EC law, harassment, law reports by sally

Coleman v Attridge Law and another (Case C-303/06); [2008] WLR (D) 257

The person whose disability gave rise to direct discrimination against an employee, so as to constitute an infringement of Directive 2000/78 on equal treatment and occupation, could in principle be a disabled child of the employee, and was not limited to the employee himself, and the same was true of harassment of the employee.”

WLR Daily, 25th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v Sivaraman – WLR Daily

Posted July 28th, 2008 in conspiracy, fraud, law reports, proceeds of crime by sally

R v Sivaraman; [2008] WLR (D) 256

“There was no rule of law to the effect that, for the purposes of the Proceeds of Crime Act 2002, the amount of the benefit to each of the co-conspirators to a fraud must be taken as the whole amount of the loss attributable to the fraud: the amount of the benefit might vary as between the co-conspirators, and was to be determined on a common sense appreciation of the particular facts of the case.”

WLR Daily, 25th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shore v Sedgwick Financial Services Ltd and another – WLR Daily

Posted July 28th, 2008 in financial advice, law reports, negligence, pensions by sally

Shore v Sedgwick Financial Services Ltd and another [2008] EWCA Civ 863; [2008] WLR (D) 255

“Where a client, on the advice of a financial adviser, shifted his pension investment from a relatively safe occupational final salary pension scheme to a new more risky personal pension income withdrawal scheme, which later suffered in value owing to falling annuity rates, the client’s right to sue the adviser in negligence accrued on the date when the transfer was made and was not contingent upon the subsequent occurrence of loss in value or his even later discovery of such loss.”

WLR Daily, 25th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

CTI Group Inc v Transclear SA – WLR Daily

Posted July 28th, 2008 in contracts, law reports, sale of goods by sally

CTI Group Inc v Transclear SA [2008] EWCA Civ 856; [2008] WLR (D) 254

“A contract for the sale by description of unascertained goods of a specified origin was not frustrated where although delivery of the goods remained physically and legally possible, the seller’s suppliers chose, for whatever reason, not to make them available.”

WLR Daily, 25th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

NA v United Kingdom (Application No. 25904/07)- Times Law Reports

Posted July 28th, 2008 in asylum, human rights, law reports, Sri Lanka by sally

NA v United Kingdom (Application No. 25904/07)

European Court of Human Rights

” The level of risk of ill-treatment in returning failed asylum-seekers to Sri Lanka was indicated by the fact that since 2007 the European Court of Human Rights has granted interim measures preventing the return of 342 Tamil applicants from the United Kingdom.”

The Times, 28th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Equal pay: Unions face compensation claims of up to £100m – The Guardian

Posted July 28th, 2008 in equal pay, news, sex discrimination, trade unions by sally

“Unions are facing the threat of a compensation bill for as much as £100m in the wake of an appeal court ruling that they broke the law by discriminating against women indirectly in the way they settled equal pay claims in local government.”

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The Guardian, 28th July 2008

Source: www.guardian.co.uk

Disabled youngsters forced into marriage to provide passports – The Independent

Posted July 28th, 2008 in disabled persons, forced marriages, news by sally

“Scores of young people with learning disabilities are being forced into marriages, The Independent on Sunday can reveal.”

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The Independent, 27th July 2008

Source: www.independent.co.uk

Victory for fair tips campaign as ministers act – The Independent

Posted July 28th, 2008 in employment, news, remuneration by sally

“The Government is to outlaw the practice under which restaurants pay staff less than the national minimum wage and make up the rest in tips, following The Independent’s ‘fair tips, fair pay’ campaign.”

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The Independent, 28th July 2008

Source: www.independent.co.uk

Battered women: Change in murder law seeks to aid victims of domestic abuse – The Guardian

Posted July 28th, 2008 in murder, news, women by sally

“Judges have expressed disappointment that the government will not announce this week plans to introduce American-style charges of first- and second-degree murder.”

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The Guardian, 28th July 2008

Source: www.guardian.co.uk