Recent Statutory Instruments – legislation.gov.uk

Posted December 9th, 2010 in legislation by sally

The Value Added Tax (Removal of Gas, Electricity, Heat and Cooling) Order 2010

The Value Added Tax (Imported Gas, Electricity, Heat and Cooling) Relief Order 2010

The Value Added Tax (Place of Supply of Goods) (Amendment) Order 2010

The Licensable Means of Fishing Order 2010

The Legal Services Act 2007 (Levy) (No.2) Rules 2010

Source: www.legislation.gov.uk

Pensioner cleared of murdering wife in mercy killing – The Guardian

Posted December 9th, 2010 in diminished responsibility, euthanasia, homicide, murder, news by sally

“A pensioner who smothered his 75-year-old wife in a “mercy killing” has been jailed for two years.”

Full story

The Guardian, 9th December 2010

Source: www.guardian.co.uk

Treasury’s plans for tax avoidance rule sound like fantasy – The Guardian

Posted December 9th, 2010 in news, tax avoidance by sally

“Ambitions to deter avoidance while keeping businesses and taxpayers happy are likely to prove impossible.”

Full story

The Guardian, 9th December 2010

Source: www.guardian.co.uk

Bar Council Welcomes Government’s ‘Sensible and Rational’ Approach to Sentencing Reform – The Bar Council

Posted December 9th, 2010 in news, prisons, rehabilitation, sentencing by sally

“The Bar Council, which represents barristers in England and Wales, has welcomed the publication of the Government’s ‘sensible and rational’ Green Paper entitled Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders, but has warned that the Government must look at the system in the round, and protect against unintended consequences.”

Full story

The Bar Council, 8th December 2010

Source: www.barcouncil.org.uk

Revenue and Customs Comrs v Maxwell and another – WLR Daily

Posted December 9th, 2010 in administrators, company law, debts, insolvency, law reports by sally

Revenue and Customs Comrs v Maxwell and another [2010] EWCA Civ 1379; [2010] WLR (D) 219

“The amount of a creditor’s claim against a company in administration and the characterisation of the company’s debt to the creditor were to be assessed under r 2.38(4) and (5) of the Insolvency Rules 1986 at the date of the administration, not the date of the creditors’ meeting, but the chairman’s powers of quantification under rr 2.39(1) and (3) and 2.38(5) were to be exercised taking into account events which had occurred since the administration.”

WLR Daily, 8th December 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.

Progress Property Co Ltd v Moorgarth Group Ltd – WLR Daily

Progress Property Co Ltd v Moorgarth Group Ltd [2010] UKSC 55; [2010] WLR (D) 218

“The sale of a company’s assets to a shareholder was not an unlawful distribution of assets if the court concluded that it was a genuine commercial transaction at arm’s length even if it appeared with hindsight that the sale was at an undervalue. The court’s conclusion depended on a realistic assessment of all the relevant facts and not simply on a retrospective valuation exercise in isolation from all other inquiries. The essential issue was how the transaction was to be characterised, and that was a matter of substance and not form.”

WLR Daily, 8th December 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 (Woolas) v Parliamentary Election Court and others – WLR Daily

Posted December 9th, 2010 in elections, judicial review, law reports, parliament by sally

Regina (Woolas) v Parliamentary Election Court and others [2010] EWHC 3169 (Admin); [2010] WLR (D) 217

“The relationship of a parliamentary election court to the High Court was such that it was to be regarded as an inferior tribunal so that its actions could be the subject of judicial review; and the jurisdiction in judicial review of an election court was not confined to an excess of jurisdiction in the narrow sense but extended to correcting errors in its application of the law.”

WLR Daily, 8th December 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.

BAILII: Recent Decisions

Posted December 9th, 2010 in law reports by sally

Supreme Court

The Child Poverty Action Group v Secretary of State for Work and Pensions [2010] UKSC 54 (08 December 2010)

Progress Property Company Ltd v Moorgarth Group Ltd [2010] UKSC 55 (08 December 2010)

Court of Appeal (Civil Division)

A v B & Anor [2010] EWCA Civ 1378 (08 December 2010)

Perrins v Holland & Ors [2010] EWCA Civ 1398 (08 December 2010)

Tilianu, R (on the application of) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397 (08 December 2010)

Standard Bank Plc & Anor v Agrinvest International Inc & Ors [2010] EWCA Civ 1400 (08 December 2010)

Guy v Barclays Bank Plc [2010] EWCA Civ 1396 (08 December 2010)

High Court (Queen’s Bench Division)

Shiva Ltd v Transport for London & Anor [2010] EWHC 3171 (QB) (08 December 2010)

High Court (Chancery Division)

Smith & Anor v QBE Insurance (Europe) Ltd & Ors [2010] EWHC 3172 (Ch) (08 December 2010)

High Court (Admiralty Division)

Miom 1 Ltd & Anor v Sea Echo ENE [2010] EWHC 3180 (Admlty) (08 December 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted December 9th, 2010 in legislation by sally

The London Olympic Games and Paralympic Games Tax Regulations 2010

The Tax Credits (Miscellaneous Amendments) (No. 3) Regulations 2010

The Official Statistics Order 2010

The Occupational Pensions (Revaluation) Order 2010

Source: www.legislation.gov.uk

Out of court disposals warning – Law Society’s Gazette

Posted December 9th, 2010 in cautions, news, penalties, police by sally

“Too many cases are being dealt with by out of court disposals where the police are acting as prosecutor and judge, a Court of Appeal judge said last week.”

Full story

Law Society’s Gazette, 9th December 2010

Source: www.lawgazette.co.uk

Childless couples win the right to pay surrogate mothers – Daily Telegraph

Posted December 9th, 2010 in compensation, news, surrogacy by sally

“Childless couples will be able to pay surrogate mothers large sums of money to have babies for them, following a landmark High Court ruling.”

Full story

Daily Telegraph, 8th December 2010

Source: www.telegraph.co.uk

Secretive court opens doors to journalists – The Independent

Posted December 9th, 2010 in Court of Protection, disabled persons, media, news by sally

“One of Britain’s most secretive courts opened itself to public scrutiny yesterday after a High Court judge lifted reporting restrictions on work done by a hitherto-closed corner of the British justice system.”

Full story

The Independent, 9th December 2010

Source: www.independent.co.uk

Benefits repayment case upheld by Supreme Court – BBC News

Posted December 9th, 2010 in benefits, mistake, news by sally

“The government has lost a legal battle to recover millions of pounds in overpaid benefits.”

Full story

BBC News, 8th December 2010

Source: www.bbc.co.uk