Justice must be seen to be done, rules judge – The Times

Posted March 2nd, 2010 in news by sally

“The legal moves towards freedom made by Peter Sutcliffe have been shrouded in secrecy for the past 15 months.”

Full story

The Times, 2nd March 2010

Source: www.timesonline.co.uk

GMC begins consultation on MOT for doctors – The Guardian

Posted March 2nd, 2010 in consultations, doctors, news by sally

“A proposed five-year MOT for doctors could enable regulators to spot poor performers in good time and prevent disasters such as the death of David Gray following an overdose of diamorphine by locum GP Dr Daniel Ubani.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk

Wakefield couple face jail over skin and skull trade – BBC News

Posted March 2nd, 2010 in animals, news by sally

“A couple from West Yorkshire have been told they could go to jail after admitting trading in the skins and skulls of endangered species.”

Full story

BBC News, 1st March 2010

Source: www.bbc.co.uk

PCC response to phone hacking controversy ‘weakened its credibility’ – The Guardian

Posted March 2nd, 2010 in complaints, interception, media, news, reports, telecommunications by sally

“The Press Complaints Commission’s actions over the phone-hacking controversy has weakened its credibility’ and ‘revealed major failings in its mandate and its ways of operating’, according to an independent report.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk

Vulture funds: UK MPs propose law to end debt relief profiteering – BBC World Service

Posted March 2nd, 2010 in bills, debts, international relations, news by sally

“Campaigners for lower international debts are backing a proposed law in the UK parliament called the Debt Relief (Developing Countries) Bill.”

Full story

BBC World Service, 26th February 2010

Source: www.bbc.co.uk

7/7 victims could have to pay for their own lawyers at inquests – Daily Telegraph

Posted March 2nd, 2010 in inquests, legal aid, news, victims by sally

“The families of victims of the July 7 bombings and survivors of the attacks could have to spend their compensation and life insurance payouts on hiring lawyers for the inquests, it has emerged.”

Full story

Daily Telegraph, 1st March 2010

Source: www.telegraph.co.uk

Yorkshire Ripper Peter Sutcliffe bids for freedom – The Times

Posted March 2nd, 2010 in news by sally

“Peter Sutcliffe, the serial killer, has asked the High Court to fix a time when he can be considered for release from prison.”

Full story

The Times, 1st March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 2nd, 2010 in law reports by sally

Court of Appeal (Civil Division)

Olden v Serious Organised Crime Agency [2010] EWCA Civ 143 (26 February 2010)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs (Rev 1) [2010] EWCA Civ 158 (26 February 2010)

LG, R (on the application of) v Independent Appeal Panel for Tom Hood School & Ors [2010] EWCA Civ 142 (26 February 2010)

Mann v Northern Electric Distribution Ltd [2010] EWCA Civ 141 (26 February 2010)

Stanford International Bank Ltd, Re [2010] EWCA Civ 137 (25 February 2010)

YH, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 116 (25 February 2010)

Seabrook Warehousing Ltd & Ors, R (on the application of) v Revenue and Customs [2010] EWCA Civ 140 (25 February 2010)

MK (Iran), R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 115 (25 February 2010)

Speymill Contracts Ltd v Baskind [2010] EWCA Civ 120 (25 February 2010)

Kellogg Brown & Root Holdings (UK) Ltd v HM Revenue and Custioms [2010] EWCA Civ 118 (24 February 2010)

Cipriani SRL & Ors v Cipriani (Grosvenor Street) Ltd & Ors [2010] EWCA Civ 110 (24 February 2010)

Sinclair v Kearsley & Ors [2010] EWCA Civ 112 (24 February 2010)

UK Housing Alliance (North West) Ltd v Francis [2010] EWCA Civ 117 (24 February 2010)

Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121 (24 February 2010)

Financial Services Authority (FSA) & Ors v Amro International SA & Anor [2010] EWCA Civ 123 (24 February 2010)

Stanton v Collinson [2010] EWCA Civ 81 (24 February 2010)

Richard Buxton (Solicitors) v Mills-Owens & Anor [2010] EWCA Civ 122 (23 February 2010)

Franked Investment Group Litigation Test Claimants v Inland Revenue & Anor [2010] EWCA Civ 103 (23 February 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 1st, 2010 in legislation by sally

The Police and Justice Act 2006 (Commencement No. 13) Order 2010

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2010

The National Health Service (Performers Lists) Amendment Regulations 2010

The Police Authorities (Particular Functions and Transitional Provisions) (Amendment) Order 2010

The Police Authority (Community Engagement and Membership) Regulations 2010

The Policing Plan (Amendment) Regulations 2010

The National Health Service (Strategic Health Authorities: Further Duty to Involve Users) Regulations 2010

The Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010

The Police Pensions (Amendment) Regulations 2010

The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010

The Business Rate Supplements (Accounting) (England) Regulations 2010

The Non-Domestic Rating (Unoccupied Property) (England) (Amendment) Regulations 2010

The Building (Local Authority Charges) Regulations 2010

The Audiovisual Media Services Regulations 2010

The Social Security (Maximum Additional Pension) Regulations 2010

The Special Annual Allowance Charge (Protected Pension Input Amounts) Order 2010

The Pensions Act 2004 (Commencement No. 14) Order 2010

Source: www.opsi.gov.uk

BSB seeks views on authorisation to practise arrangements – Bar Standards Board

Posted March 1st, 2010 in barristers, consultations, legal services, news by sally

“The BSB has issued a consultation paper seeking views on proposals for revisions to barristers’ practising arrangements. The Legal Services Act 2007 requires individuals wishing to provide reserved legal activities (such as exercising a right of audience and the conduct of litigation) to be authorised to do so by the relevant approved regulator.”

Full story

Bar Standards Board, 1st March 2010

Source: www.barstandardsboard.org.uk

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted March 1st, 2010 in appeals, capital gains tax, company law, law reports, shareholders by sally

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners [2010] EWCA Civ 118; [2010] WLR (D) 53

“For the purposes of capital gains tax in relation to associated companies, under s 286(5)(b) of the Taxation of Chargeable Gains Act 1992, a ‘group’ did not require any common purpose but was to be given its ordinary meaning of ‘collection’. Where shares were disposed of by the taxpayer to another company and the ultimate parent companies of each were ‘connected persons’ then the taxpayer and the acquiring company were sufficiently connected within s 18(3) of the 1992 Act for the capital loss on the disposal to be deductible only from chargeable gains arising on other disposals between the same two companies.”

WLR Daily, 25th February 2010

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.

Norris v Government of United States of America (No 2) – WLR Daily

Posted March 1st, 2010 in extradition, law reports, public interest, Supreme Court by sally

Norris v Government of United States of America (No 2) [2009] UKSC 9; [2010] WLR (D) 52

“It was only if some quite exceptionally compelling feature, or combination of features, was present that interference with the right to family life under art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms consequent upon extradition would be other than proportionate to the objective that extradition served.”

WLR Daily, 25th February 2010

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.

Regina v Zaman – Times Law Reports

Posted March 1st, 2010 in law reports by sally

Regina v Zaman

Court of Appeal (Criminal Division)

“A conviction for assisting an offender was not rendered unsafe by reason of subsequent acquittal of the person assisted.”

The Times, 1st March 2010

Source: www.timesonline.co.uk

Regina (Quila) v Secretary of State for the Home Department – Times Law Reports

Posted March 1st, 2010 in law reports by sally

Regina (Quila) v Secretary of State for the Home Department

Queen’s Bench Division

“Age discrimination against immigrant spouses aged under 21 was justified.”

The Times, 1st March 2010

Source: www.timesonline.co.uk

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and Others – Times Law Reports

Posted March 1st, 2010 in law reports by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and Others

Court of Appeal

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

The Times, 1st March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 1st, 2010 in law reports by sally

High Court (Queen’s Bench)

Veolia Water Central Ltd v London Fire & Emergency Planning Authority [2010] EWHC 208 (QB) (09 February 2010)

Moore v Hotelplan Ltd (t/a Inghams Travel) & Anor [2010] EWHC 276 (QB) (22 February 2010)

Rutherford v Seymour Pierce Ltd [2010] EWHC 375 (QB) (11 February 2010)

Law Society of England and Wales v Secretary of State for Justice & Anor [2010] EWHC 352 (QB) (26 February 2010)

High Court (Chancery Division)

Sharafi & Anor v Woven Rugs Ltd & Ors [2010] EWHC 230 (Ch) (24 February 2010)

Shah v Shah & Ors [2010] EWHC 313 (Ch) (24 February 2010)

Good Harvest Partnership Llp v Centaur Services Ltd [2010] EWHC 330 (Ch) (23 February 2010)

Test Claimants In the Act Group Litigation (Classes 4 & 2) v Revenue and Customs [2010] EWHC 359 (Ch) (26 February 2010)

HR Trustees Ltd v German & Anor [2010] EWHC 321 (Ch) (26 February 2010)

High Court (Family Division)

B, C, and D (Children), Re [2010] EWHC 262 (Fam) (05 February 2010)

High Court (Administrative Court)

Prasannan v Royal Borough of Kensington and Chelsea [2010] EWHC 319 (Admin) (25 February 2010)

Pounder (2), R (on the application of) v HM Coroner for the North and South Districts of Durham and Darlington & Ors [2010] EWHC 328 (Admin) (23 February 2010)

Gill, R (on the application of) v Secretary of State for Justice [2010] EWHC 364 (Admin) (26 February 2010)

DPP v Fearon [2010] EWHC 340 (Admin) (10 February 2010)

L v Crown Prosecution Service [2010] EWHC 341 (Admin) (10 February 2010)

High Court (Commercial Court)

Kazeminy & Ors v Siddiqi & Ors [2010] EWHC 201 (Comm) (25 February 2010)

AP Moller-Maersk A/S (t/a “Maersk Line”) v Sonaec Villas Cen Sad Fadoul & Ors [2010] EWHC 355 (Comm) (26 February 2010)

Choil Trading SA v Sahara Energy Resources Ltd [2010] EWHC 374 (Comm) (26 February 2010)

High Court (Technology and Construction Court)

Forest Heath District Council v ISG Jackson Ltd [2010] EWHC 322 (TCC) (22 February 2010)

Softlanding Systems, Inc v KDP Software Ltd & Anor [2010] EWHC 326 (TCC) (26 February 2010)

S G South Ltd v Swan Yard (Cirencester) Ltd [2010] EWHC 376 (TCC) (26 February 2010)

Source: www.bailii.org

Kate Middleton set for £10,000 privacy victory – The Times

Posted March 1st, 2010 in news by sally

“Kate Middleton, the girlfriend of Prince William, is set to win a controversial claim for alleged invasion of her privacy.”

Full story

The Times, 28th February 2010

Source: www.timesonline.co.uk

Cost and class raise barriers to legal aid lawyer careers – The Guardian

Posted March 1st, 2010 in equality, legal aid, legal education, legal profession, news by sally

“The lack of social mobility in the legal sector has reached critical levels, according to a report published today, with aspiring lawyers from less privileged backgrounds struggling to work in key areas of law.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk

Government publishes international contract law guidance – OUT-LAW.com

Posted March 1st, 2010 in contracts, international law, Ministry of Justice, news by sally

“The Ministry of Justice has published guidance to European Regulations on which law applies in international disputes. The guidance relates to new rules that came into force in December.”

Full story

OUT-LAW.com, 26th February 2010

Source: www.out-law.com

Lawyers work ‘extreme’ overtime, study reveals – Law Society’s Gazette

Posted March 1st, 2010 in legal profession, news, working time by sally

“Lawyers are among the most likely workers to do ‘extreme’ unpaid overtime, figures have revealed.”

Full story

Law Society’s Gazette, 26th February 2010

Source: www.lawgazette.co.uk