Entrepreneur faces £30m tax demand after residency ruling leaves thousands exposed – The Times

Posted February 17th, 2010 in domicile, income tax, news by sally

“The Court of Appeal ruled that Robert Gaines-Cooper was liable to pay UK tax despite spending less than 91 days a year in the country because England had remained ‘the centre of gravity of his life and interests’.”

Full story

The Times, 17th February 2010

Source: www.timesonline.co.uk

Allison v HM Advocate – Times Law Reports

Posted February 17th, 2010 in criminal records, disclosure, law reports, Scotland, witnesses by sally

Allison v HM Advocate

Supreme Court

“In criminal proceedings in Scotland, the Crown was under the same obligation to disclose to the defence any outstanding charges against a prosecution witness as it was to disclose a witness’s previous convictions.”

The Times, 17th February 2010

Source: www.timesonline.co.uk

Regina (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs – Times Law Reports

Posted February 17th, 2010 in law reports by sally

Regina (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs

Court of Appeal

“It was for the court to determine whether a government claim of serious damage to national security required parts of the reasons in its judgment should be left out.”

The Times, 16th February 2010

Source: www.timesonline.co.uk

Alemo-Herron and Others v Parkwood Leisure Ltd – Times Law Reports

Posted February 17th, 2010 in law reports, remuneration, trade unions, transfer of undertakings by sally

Alemo-Herron and Others v Parkwood Leisure Ltd

Court of Appeal

“After a competitive transfer to the private sector of local authority services, and thence to further private-sector employment, the second private employers were not bound by a collective pay settlement agreed between the local authority and trade unions.”

The Times, 15th February 2010

Source: www.timesonline.co.uk

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast) v Same – Times Law Reports

Posted February 17th, 2010 in law reports by sally

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast) v Same

Court of Appeal

“The Home Secretary would have to show very serious reasons to justify the removal, on the basis of a criminal conviction, of a settled migrant who had spent the major part of his/her childhood in the United Kingdom, if it would interfere with the Convention right to respect for his/her private and family life.”

The Times, 8th February 2010

Source: www.timesonline.co.uk

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR Daily

Posted February 17th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] EWCA Civ 79; [2010] WLR (D) 40

“There was not, and need not be, an exception to the ‘without prejudice’ rule such as to permit evidence of ‘without prejudice’ communications and discussions to be given if there was a dispute about the interpretation of a written settlement agreement.”

WLR Daily, 16th February 2010

Source: www.lawreports.co.uk

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

Statutory guidance will tell companies how to prevent bribery – OUT-LAW.com

Posted February 17th, 2010 in bills, bribery, news by sally

“A Government minister will have to publish guidance for companies on a new bribery offence that had been criticised for not being clear enough. The Bribery Bill would make it an offence for a company to fail to prevent bribery.”

Full story

OUT-LAW.com, 16th February 2010

Source: www.out-law.com

Yarl’s Wood children face ‘extreme distress’, report reveals – The Guardian

Posted February 17th, 2010 in children, detention, immigration by sally

“Children held at an immigration detention centre face ‘extremely distressing’ arrest and transportation procedures, and are subjected to prolonged and sometimes repeated periods of detention, according to a damning report by the Children’s Commissioner.”

Full story

The Guardian, 17th February 2010

Source: www.guardian.co.uk

Companies could be forced to publicise corporate manslaughter conviction – Ministry of Justice

Posted February 17th, 2010 in corporate manslaughter, Ministry of Justice, press releases by sally

“Companies convicted of corporate manslaughter could be forced to take out adverts publicising their conviction as a result of new measures which come into effect today.”

Full story

Ministry of Justice, 16th February 2010

Source: www.justice.gov.uk

Murder arrest over Ray Gosling’s BBC confession – BBC News

Posted February 17th, 2010 in euthanasia, news by sally

“TV presenter Ray Gosling has been arrested on suspicion of murder by Nottinghamshire Police after he admitted killing his lover.”

Full story

BBC News, 17th February 2010

Source: www.bbc.co.uk

High-profile barrister ‘tried to double his legal fees by wrongly claiming work’ – Daily Telegraph

Posted February 17th, 2010 in barristers, fees, news, professional conduct by sally

“One of the country’s highest paid civil barristers, Jeremy Rosenblatt, tried to double his publicly-funded legal fees by ‘wrongly claiming’ for work, a hearing was told.”

Full story

Daily Telegraph, 16th February 2010

Source: www.telegraph.co.uk

Most jurors do not understand judge’s legal advice, says report – The Guardian

Posted February 17th, 2010 in juries, news by sally

“Two out of three jurors do not fully understand the legal directions given to them by judges when they retire to consider their verdicts, according to a report for the Ministry of Justice.”

Full story

The Guardian, 17th February 2010

Source: www.guardian.co.uk

Ground-breaking research finds juries are fair and effective – Ministry of Justice

Posted February 17th, 2010 in juries, Ministry of Justice, press releases by sally

“Juries in England and Wales have been found to be fair, effective and efficient by the most in-depth study into the issue ever undertaken in this country, published today.”

Full story

Ministry of Justice, 17th February 2010

Source: www.justice.gov.uk

Barber v Croydon London Borough Council – WLR Daily

Posted February 16th, 2010 in ASBOs, housing, mental health by sally

Barber v Croydon London Borough Council – WLR Daily [2010] EWCA Civ 51; [2010] WLR (D) 39

“A local housing authority had acted unreasonably in seeking possession against a mentally impaired tenant for anti-social behaviour when it failed to take into account the possibility that the tenant’s mental impairment might have given rise to his behaviour. However, the fact that the tenant had successfully advanced a public law defence in a private law action meant that the council would not be preventing from bringing a fresh possession action if on reconsideration it felt it was merited.”

WLR Daily, 16th February 2010

Source: www.lawreports.co.uk

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

FSA issues record fine for insider trading – BBC News

Posted February 16th, 2010 in fines, insider dealing, news by sally

“The City watchdog, the Financial Services Authority (FSA), has issued the largest fine in its history against an individual for insider trading.”

Full story

BBC News, 16th February 2010

Source: www.bbc.co.uk

Judge orders extradition of five men over Crete murder bid – The Independent

Posted February 16th, 2010 in extradition, murder, news by sally

“Five young men accused of attempting to murder a British holidaymaker in Crete were today ordered to travel to Greece to face justice. A judge granted an extradition request after hearing the gang were suspected of the savage mob attack in Malia in June 2008.”

Full story

The Independent, 16th February 2010

Source: www.independent.co.uk

Attorney general upholds Edlington torture case sentences – The Guardian

Posted February 16th, 2010 in attorney general, news, sentencing, young offenders by sally

“Lady Scotland rules sentences for brothers who submitted two boys to ordeal of violence and sexual abuse were appropriate.”

Full story

The Guardian, 15th February 2010

Source: www.guardian.co.uk

Waffle company fined £1,750 after worker’s fall – BBC News

Posted February 16th, 2010 in fines, health & safety, news by sally

“A company has been fined by the Health and Safety Executive (HSE) after a worker fell 4ft (1.2m) at its factory.”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

Former vicar from Wirral jailed over indecent images – BBC News

Posted February 16th, 2010 in indecent photographs of children, news, sentencing by sally

“A 60-year-old former senior vicar has been jailed for a year after being found in possession of images of child sex abuse for a second time.”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted February 16th, 2010 in legislation by sally

The Council Tax (Alteration of Lists and Appeals) (Amendment) (Wales) Regulations 2010

The Overhead Lines (Exempt Installations) Order 2010

The Personal Injuries (Civilians) Scheme (Amendment) Order 2010

The Learning and Skills Council for England (Strategy for Greater Manchester) Order 2010

The Food for Particular Nutritional Uses (Miscellaneous Amendments) (England) Regulations 2010

Source: www.opsi.gov.uk