Pensioner cleared of murdering wife in mercy killing – The Guardian
“A pensioner who smothered his 75-year-old wife in a “mercy killing” has been jailed for two years.”
The Guardian, 9th December 2010
Source: www.guardian.co.uk
Month: December 2010
Treasury’s plans for tax avoidance rule sound like fantasy – The Guardian
“Ambitions to deter avoidance while keeping businesses and taxpayers happy are likely to prove impossible.”
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
“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.”
The Bar Council, 8th December 2010
Source: www.barcouncil.org.uk
Revenue and Customs Comrs v Maxwell and another – WLR Daily
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
“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
Supreme Court
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)
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
Out of court disposals warning – Law Society’s Gazette
“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.”
Law Society’s Gazette, 9th December 2010
Source: www.lawgazette.co.uk
Childless couples win the right to pay surrogate mothers – Daily Telegraph
“Childless couples will be able to pay surrogate mothers large sums of money to have babies for them, following a landmark High Court ruling.”
Daily Telegraph, 8th December 2010
Source: www.telegraph.co.uk
Secretive court opens doors to journalists – The Independent
“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.”
The Independent, 9th December 2010
Source: www.independent.co.uk
Benefits repayment case upheld by Supreme Court – BBC News
“The government has lost a legal battle to recover millions of pounds in overpaid benefits.”
BBC News, 8th December 2010
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
O’ Shea v R. [2010] EWCA Crim 2879 (06 December 2010)
Court of Appeal (Civil Division)
Lancashire County Council v Environmental Waste Controls Ltd [2010] EWCA Civ 1381 (07 December 2010)
Valentine v Transport for London & Anor [2010] EWCA Civ 1358 (07 December 2010)
High Court (Family Division)
Jane (A Child), Re [2010] EWHC 3221 (Fam) (November 2010)
High Court (Commercial Court)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010
The Ecclesiastical Offices (Terms of Service) (Amendment) (No.2) Regulations 2010
The Agricultural Holdings (Units of Production) (Wales) Order 2010
The Child Minding and Day Care Exceptions (Wales) Order 2010
The Corporation Tax Act 2010 (Amendment) Order 2010
The Taxation (International and Other Provisions) Act 2010 (Amendment) Order 2010
The Northern Ireland Assembly (Elections) (Amendment) Order 2010
Source: www.legislation.gov.uk
Nativity photos not against law, says data watchdog – BBC News
“Parents should be free to photograph their children in nativity plays, the Information Commissioner has said.”
BBC News, 8th December 2010
Source: www.bbc.co.uk
Will mediation replace solicitors in divorce proceedings? – BBC News
“Divorce can be a highly complex issue and many people going through it feel legal representation is vital. Until now, legal aid has been available to fund it, but new legislation means it will no longer be available in England and Wales.”
BBC News, 8th December 2010
Source: www.bbc.co.uk
Sentencing reform to focus on reoffending – The Independent
“Thousands of offenders will avoid jail under an overhaul of sentencing powers that will focus on cutting reoffending.”
The Independent, 7th December 2010
Source: www.independent.co.uk
Related link: Sentencing and rehabilitation: government proposals for reform
Woman who concealed stillborn babies avoids jail – The Independent
“A woman who concealed the births of four stillborn babies and kept three of them in her wardrobe for two decades escaped jail today.”
The Independent, 7th December 2010
Source: www.independent.co.uk
Family anger at IPCC and police after failings that led to mother’s murder – The Guardian
“Relatives of Maria Stubbings plan action after Essex force failed to inform mother that her new partner was a convicted killer.”
The Guardian, 7th December 2010
Source: www.guardian.co.uk
Should justice be televised? – Legal Week
“The head of Sky News has argued in a new Guardian article that justice must be televised as allowing TV cameras in court would help restore public faith in criminal proceedings.”
Legal Week, 6th December 2010
Source: www.legalweek.com
