Legal bodies fear government interference – Law Society’s Gazette

Posted March 10th, 2011 in internet, legal ombudsman, Legal Services Board, news by sally

“The independence of the legal profession is being threatened by government ‘diktats’ ordering that the websites of three legal quangos be closed, the chair of the Legal Services Consumer Panel (LSCP) told a House of Lords debate this week.”

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Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

Naomi Bryant inquest: Failings in sex offender release – BBC News

Posted March 10th, 2011 in inquests, murder, news, recidivists, release on licence, sexual offences by sally

“A woman was killed by a convicted sex offender after a series of failings by the agencies involved in his release, an inquest jury has ruled.”

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BBC News, 10th March 2011

Source: www.bbc.co.uk

Prisoners should be given the vote, signals watchdog – Daily Telegraph

Posted March 10th, 2011 in EC law, elections, human rights, news, prisons by sally

“Nick Hardwick, the chief inspector of prisons, signalled he was in favour of some prisoners being given the vote, despite admitting he has not come across a single inmate who wants it.”

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Daily Telegraph, 10th March 2011

Source: www.telegraph.co.uk

Youths face life for boy’s murder – The Independent

“Three youths face life sentences after being found guilty today of murdering schoolboy Nicholas Pearton.”

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The Independent, 10th March 2011

Source: www.independent.co.uk

Women lawyers believe they are paid less than male peers – Law Society’s Gazette

Posted March 10th, 2011 in equal pay, legal profession, news, women by sally

“Most women lawyers believe their male colleagues earn more than they do, research has suggested.”

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Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 10th, 2011 in legislation by sally

The Stamp Duty and Stamp Duty Reserve Tax (LCH.Clearnet Limited) Regulations 2011

The Stamp Duty and Stamp Duty Reserve Tax (SIX X-CLEAR AG) Regulations 2011

The Social Security (Deferral of Retirement Pensions) Regulations 2011

The Children’s Homes (Amendment) Regulations 2011

The Childcare (Exemptions from Registration) (Amendment) Order 2011

The Adoption Agencies and Independent Review of Determinations (Amendment) Regulations 2011

The Civil Contingencies Act 2004 (Contingency Planning) (Amendment) Regulations 2011

The Driver and Vehicle Licensing Agency Trading Fund (Revocation) Order 2011

The Tribunal Procedure (Amendment) Rules 2011

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (Revocation) Regulations 2011

The Stamp Duty and Stamp Duty Reserve Tax (Eurex Clearing AG) Regulations 2011

The Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011

The Fostering Services (England) Regulations 2011

The Climate Change Levy (General) (Amendment) Regulations 2011

The Social Security (Claims and Payments) Amendment Regulations 2011

The Social Security (Miscellaneous Amendments) Regulations 2011

The Application of Pension Legislation to the National Employment Savings Trust Corporation Regulations 2011

The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2011

The Pension Protection Fund (Prescribed Payments and Investment Costs – Amendment) Regulations 2011

The Welfare Reform Act 2009 (Commencement No. 4) Order 2011

The Pensions Act 2008 (Commencement No. 9) Order 2011

The Stamp Duty and Stamp Duty Reserve Tax (European Central Counterparty Limited) Regulations 2011

The Stamp Duty and Stamp Duty Reserve Tax (European Multilateral Clearing Facility N.V.) Regulations 2011

The Insurance Premium Tax (Discounted Insurance Premiums: Higher Rate) Order 2011

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 10th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Everclear Ltd (BVI) v Agrest & Anor [2011] EWCA Civ 232 (09 March 2011)

Secretary of State for the Home Department v Abdi [2011] EWCA Civ 242 (09 March 2011)

Pitt & Anor v Holt & Anor [2011] EWCA Civ 197 (09 March 2011)

North Shore Ventures Ltd v Anstead Holdings, Inc & Ors [2011] EWCA Civ 230 (09 March 2011)

Bank of Scotland v Pereira & Ors [2011] EWCA Civ 241 (09 March 2011)

Nunn v Royal Mail Group Ltd [2011] EWCA Civ 244 (10 March 2011)

British Telecommunications Plc v Office of Communications & Anor [2011] EWCA Civ 245 (10 March 2011)

High Court (Queen’s Bench Division)

MNB v News Group Newspapers Ltd [2011] EWHC 528 (QB) (09 March 2011)

Jeffers v The Labour Party [2011] EWHC 529 (QB) (10 March 2011)

High Court (Chancery Division)

Hawksford Trustees Jersey Ltd v Stella Global UK Ltd & Anor [2011] EWHC 503 (Ch) (09 March 2011)

White & Ors v Williams & Ors [2011] EWHC 494 (Ch) (10 March 2011)

High Court (Administrative Court)

Gujra, R (on the application of) v Crown Prosecution Service [2011] EWHC 472 (Admin) (09 March 2011)

Rangwani, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 516 (Admin) (9 March 2011)

Brynmawr Foundation School, R (on the application of) v Welsh Ministers & Anor [2011] EWHC 519 (Admin) (09 March 2011)

High Court (Commercial Court)

Argo Systems FZE v Liberty Insurance (PTE) & Anor [2011] EWHC 301 (Comm) (21 February 2011)

Telenor East Holding II AS v Altimo Holdings & Investments Ltd & Ors [2011] EWHC B5 (Comm) (01 March 2011)

Camarata Property Inc v Credit Suisse Securities (Europe) Ltd [2011] EWHC 479 (Comm) (09 March 2011)

Cassa Di Risparmio Della Repubblica Di San Marino Spa v Barclays Bank Ltd [2011] EWHC 484 (Comm) (09 March 2011)

High Court (Technology and Construction Court)

Irvin v Robertson [2010] EWHC 3723 (TCC) (21 December 2010)

Michael Phillips Architects Ltd v Riklin & Anor [2011] EWHC 27 (TCC) (12 January 2011)

Source: www.bailii.org

Council Chairman discusses sentencing on Radio 5 Live – Sentencing Council

Posted March 10th, 2011 in judges, news, sentencing by sally

“Today, Lord Justice Leveson appeared on BBC Radio 5 Live’s Victoria Derbyshire show to talk about the work of the Sentencing Council, discuss how sentencing works, clear up common misconceptions about it, and debate related issues with callers. You can listen to the show here until 15 March.”

Sentencing Council, 8th March 2011

Source: www.sentencingcouncil.org.uk

News release: New support centre for victims of rape – Ministry of Justice

Posted March 10th, 2011 in Ministry of Justice, news, rape, victims by sally

“Victims of rape and sexual violence will receive the specialist help they need following Ministry of Justice funding for four new support centres in Hereford, Trafford, Dorset and Devon said Justice Minister, Crispin Blunt.”

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Ministry of Justice, 9th March 2011

Source: www.justice.gov.uk

Gearing up for 20th Annual Bar National Mock Trial Final: “A Triumph of Opportunity, Excellence and Achievement” – The Bar Council

Posted March 10th, 2011 in legal education, news, school children by sally

“The Citizenship Foundation, in partnership with the Bar Council, which represents barristers in England and Wales, the Faculty of Advocates in Scotland and the Bar Council of Northern Ireland, is gearing up for the 20th annual final of the Bar National Mock Trial Competition.”

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The Bar Council, 10th March 2011

Source: www.barcouncil.org.uk

Consolidation of charity law – Cabinet Office

Posted March 10th, 2011 in bills, charities, news by sally

“The Charities Bill was published today, consolidating existing charities legislation into one Act of Parliament. The consolidation bill aims to make it easier to follow charities legislation.”

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Cabinet Office, 4th March 2011

Source: www.cabinetoffice.gov.uk

Ministry of Defence v Wallis and another – WLR Daily

Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76

“The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands.”

WLR Daily, 9th March 2011

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.

Direktsia “Obzhalvane i upravlenie na izpalnenieto”—Varna v Auto Nikolovi OOD – WLR Daily

Posted March 10th, 2011 in EC law, law reports, VAT by sally

Direktsia “Obzhalvane i upravlenie na izpalnenieto”—Varna v Auto Nikolovi OOD (Case C 203-10); [2011] WLR (D) 75

“The margin scheme which could be applied pursuant to article 314 of Council Directive 2006/112/EC to second hand goods, works of art, collectors items or antiques was not applicable to supplies of goods such as spare parts for motor vehicles, which the taxable dealer himself imported into the European Union under the normal value added tax scheme. Articles 320(1) and (2) of the Directive precluded a national provision which provided for the deferral, until the subsequent supply under the normal value added tax scheme, of the right of the taxable dealer to deduct value added tax paid on importation of goods other than works of art, collectors’ items or antiques. Article 314, the first subparagraph of article 320(1) and article 320(2) of the Directive were directly effective.”

WLR Daily, 9th March 2011

Source: www.lawreports.co.uk

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

Claes v Landsbanki Luxembourg SA (in liquidation) – WLR Daily

Posted March 10th, 2011 in consultations, EC law, employment, law reports, liquidators, redundancy by sally

Claes v Landsbanki Luxembourg SA (in liquidation) (Joined Cases C-235/10–239/10); [2011] WLR (D) 74

“Articles 1 and 3 of Council Directive 98/59/EC, concerning the procedure to be adopted upon collective redundancies, applied to the termination of the activities of an employing establishment as a result of a judicial winding up on grounds of insolvency, even where, in the event of such a termination, national legislation provided for the termination of employment contracts with immediate effect. Until the legal personality of an establishment whose dissolution and winding up had been ordered had ceased to exist, the obligations under article 2 and 3 of the Directive, concerning consultation of employees and notification of public authorities, had to be fulfilled.”

WLR Daily, 9th March 2011

Source: www.lawreports.co.uk

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

Civil legal aid cuts will increase tribunal workload – Law Society’s Gazette

Posted March 10th, 2011 in legal aid, news, reports, tribunals by sally

“Cuts to civil legal aid will leave people unable to pursue their rights and increase the workload of the tribunal system, the senior president of tribunals has warned.”

Full story

Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

UK troops injured in Iraq and Afghanistan get over £20m – BBC News

Posted March 10th, 2011 in armed forces, compensation, news by sally

“UK troops injured in Afghanistan due to Ministry of Defence negligence have been paid more almost £10.5m in compensation over the last four years, the BBC has learned.”

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BBC News, 9th March 2011

Source: www.bbc.co.uk

Hunt saboteur Joe Hashman wins landmark ruling – The Guardian

Posted March 10th, 2011 in belief discrimination, hunting, news, tribunals by sally

“An animal rights activist whose long-running campaigns made him notorious in hunting circles has won a landmark ruling that his anti-hunting beliefs should be protected from discrimination in the same way as religion.”

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The Guardian, 9th March 2011

Source: www.guardian.co.uk

How the law can be used to fight cuts to services for disabled people – Law Society’s Gazette

“Disabled children and disabled adults need significant support from public bodies to help them lead ordinary lives. These groups require both specialist and targeted services and flexible universal services which can be adapted to their needs.”

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Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

Spurned lover is first person jailed for stalking by blog – Daily Telegraph

Posted March 10th, 2011 in harassment, internet, news, restraining orders, sentencing by sally

“A hospital administrator has made legal history as the first man to be jailed in Britain for using an internet blog to stalk a woman.”

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Daily Telegraph, 10th March 2011

Source: www.telegraph.co.uk

Ofcom will assess UK’s networks from March until May to comply with DEA – OUT-LAW.com

Posted March 10th, 2011 in consumer protection, internet, news, reports, telecommunications by sally

“Telecoms regulator Ofcom will assess the quality of the UK’s telecoms networks for a two month period before delivering its first infrastructure report to the Government in August, it has said.”

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OUT-LAW.com, 9th March 2011

Source: www.out-law.com