Banking giant faces landmark mis-selling case – Law Society’s Gazette

Posted June 21st, 2012 in banking, financial regulation, news by sally

“Key defences relied on by banks in interest rate swap (IRS) mis-selling claims are set to be tested in court this October when the claim of business-owner Sara Pearson against Barclays comes to trial.”

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Law Society’s Gazette, 21st June 2012

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted June 21st, 2012 in law reports by sally

Supreme Court

HH v Deputy Prosecutor of the Italian Republic, Genoa [2012] UKSC 25 (20 June 2012)

BH & Anor v The Lord Advocate & Anor (Scotland) [2012] UKSC 24 (20 June 2012)

Court of Appeal (Criminal Division)

Fadairo v R [2012] EWCA Crim 1292 (20 June 2012)

Court of Appeal (Civil Division)

VTB Capital Plc v Nutritek International Corp & Ors [2012] EWCA Civ 808 (20 June 2012)

Kell v Durham Police Authority [2012] EWCA Civ 809 (20 June 2012)

London Borough of Camden v Stafford [2012] EWCA Civ 839 (20 June 2012)

Hutton v First Tier Tribunal (Criminal Injuries Compensation) & Criminal Injuries Compensation Authority [2012] EWCA Civ 806 (14 June 2012)

High Court (Administrative Court)

Nicolaou, R (on the application of) v Redbridge Magistrates’ Court & Anor [2012] EWHC 1647 (Admin) (20 June 2012)

JP Morgan Chase Bank National Association & Ors v The Director of the Serious Fraud Office & Anor [2012] EWHC 1674 (Admin) (20 June 2012)

Sullivan v The Government of the United States of America & Anor [2012] EWHC 1680 (Admin) (20 June 2012)

High Court (Family Division)

Tower Hamlets v MK & Ors [2012] EWHC 426 (Fam) (02 March 2012)

X v X [2012] EWHC 538 (Fam) (16 March 2012)

A Local Authority v A Mother & Ors [2012] EWHC 1637 (Fam) (15 June 2012)

HSE Ireland v SF (A Minor) [2012] EWHC 1640 (Fam) (15 June 2012)

Source: www.bailii.org

Combating corruption in a global business environment – forthcoming HLE panel discussion – Halsbury’s Law Exchange

Posted June 21st, 2012 in bribery, competition, corruption, enforcement, legislation, news by sally

“According to the Ministry of Justice, it was hoped that the Bribery Act 2010 would ‘provide a more effective legal framework to combat bribery in the public or private sectors’ and ‘help tackle the threat that bribery poses to economic progress and development around the world’.”

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Halsbury’s Law Exchange, 20th June 2012

Source: www.halsburyslawexchange.co.uk

Businesses will be able to challenge supermarkets’ potentially uncompetitive land use restrictions – OUT-LAW.com

Posted June 21st, 2012 in competition, land registration, news, restrictive covenants by sally

“Businesses will be able to challenge land use restrictions put in place by major supermarkets to limit local competition from rival grocery outlets, the Office of Fair Trading (OFT) has announced.”

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OUT-LAW.com, 20th June 2012

Source: www.out-law.com

Husband and wife jailed for insider dealing – The Guardian

Posted June 21st, 2012 in insider dealing, news, sentencing by sally

“An investment banker and his wife were behind bars last night after netting £1.5m from insider dealing in one of the biggest cases ever pursued by the Financial Services Authority.”

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The Guardian, 20th June 2012

Source: www.guardian.co.uk

Extradition judges condemn US order – The Independent

Posted June 21st, 2012 in extradition, human rights, news, sexual offences by sally

“Senior judges are seeking assurances from the US government that a man facing extradition accused of child sex crimes will not be placed on a controversial sex offenders treatment programme.”

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The Independent, 20th June 2012

Source: www.independent.co.uk

Supreme Court backs extraditions involving children – BBC News

Posted June 21st, 2012 in extradition, news, parental rights, Supreme Court by sally

“Extraditions to the US and Europe should go ahead, even when a suspect has children in the UK, the UK Supreme Court has ruled.”

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BBC News, 20th June 2012

Source: www.bbc.co.uk

The quality of advocacy – BBC Law in Action

Posted June 20th, 2012 in advocacy, fees, legal profession, news, quality assurance by sally

“As the lines blur between the work of solicitors and barristers , Joshua Rozenberg asks whether a cheaper service provides better value for money or is it leading to poor representation in court and ultimately miscarriages of justice? He discusses the issues with Baroness Deech of the Bar Standards Board, a solicitor advocate Sundeep Bhatia and Elisabeth Davies, Chair of the Consumer panel at the Legal Services Board. He also speaks to senior appeal court judge Lord Justice Moses and asks about the best way to assess quality and what dangers lie ahead if suffers.”

Listen

BBC Law in Action, 19th June 2012

Source: www.bbc.co.uk

XX (Ethiopia) v Secretary of State for the Home Department (JUSTICE intervening) – WLR Daily

Posted June 20th, 2012 in appeals, deportation, evidence, human rights, law reports, terrorism, torture by sally

XX (Ethiopia) v Secretary of State for the Home Department (JUSTICE intervening) [2012] EWCA Civ 742; [2012] WLR (D) 177

“The rule on the exclusion of evidence obtained by torture was exceptional. It was not an abuse of process to admit evidence from security service officers obtained in secret detention facilities.”

WLR Daily, 15th June 2012

Source: www.iclr.co.uk

Hutton and others v Criminal Injuries Compensation Authority – WLR Daily

Hutton and others v Criminal Injuries Compensation Authority [2012] EWCA Civ 806; [2012] WLR (D) 176

“‘Particular circumstances’ in para 18 of the Criminal Injuries Compensation Scheme 2001, which provided that a claims officer could waive the two-year time limit within which claims for compensation in respect of criminal injury should be brought pursuant to the scheme, meant the actual or distinct circumstances of the individual case, not special circumstances in the sense of being unusual or extraordinary circumstances.”

WLR Daily, 14th June 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 20th, 2012 in law reports by sally

Court of Appeal (Civil Division)

SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807 (19 June 2012)

High Court (Chancery Division)

Price & Anor v Nunn [2012] EWHC 1605 (Ch) (13 June 2012)

High Court (Admiralty Court)

Braganza v BP Shipping Ltd & Anor [2012] EWHC 1612 (Admlty) (15 June 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted June 20th, 2012 in legislation by sally

The Sustainable Communities Regulations 2012

The Immigration Appeals (Family Visitor) Regulations 2012

The Immigration, Asylum and Nationality Act 2006 (Commencement No. 8 and Transitional and Saving Provisions) (Amendment) Order 2012

The Greater London Authority Act 1999 (Amendment) Order 2012

The Community Drivers’ Hours and Recording Equipment Regulations 2012

The Smoke-free (Signs) Regulations 2012

The Insolvency Act 1986 (Disqualification from Parliament) Order 2012

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2012

The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2012

The NHS Bodies (Transfer of Trust Property) Order 2012

The Scarborough and North East Yorkshire Health Care National Health Service Trust (Dissolution) Order 2012

The Badger (Control Area) (Wales) (Revocation) Order 2012

The Welsh Ministers and Local Health Boards (Transfer of Property, Rights and Liabilities) (Wales) Order 2012

Source: www.legislation.gov.uk

Secret court plans ‘address genuine problem in disproportionate way’ – The Guardian

Posted June 20th, 2012 in closed material, news, private hearings, terrorism by sally

“Plans to extend secret court hearings address genuine problems of national security but also contain elements of “overkill”, the independent reviewer of terrorism legislation has warned.”

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The Guardian, 19th June 2012

Source: www.guardian.co.uk

Terror watchdog warns of wave of compensation claims over drone strikes – Daily Telegraph

“Britain is facing a wave of compensation claims for allegedly helping the US target drones strikes abroad, the terror watchdog warned yesterday.”

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Daily Telegraph, 20th June 2012

Source: www.telegraph.co.uk

London 2012: Protester’s banning order extended – BBC News

Posted June 20th, 2012 in ASBOs, news, public order, sport by sally

“A man barred from protesting at the site of an Olympic basketball training facility has had his banning order extended by two years.”

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BBC News, 19th June 2012

Source: www.bbc.co.uk

Legal crisis over Julian Assange’s asylum request – The Guardian

Posted June 20th, 2012 in asylum, extradition, human rights, news, sexual offences by sally

“The decision by the WikiLeaks founder Julian Assange to seek political asylum in the Ecuadorean embassy in London has sparked a fresh legal crisis over his already tortuous extradition case.”

Full story

The Guardian, 19th June 2012

Source: www.guardian.co.uk

Judge orders that anorexic woman can be force-fed | Analysis – UK Human Rights Blog

Posted June 19th, 2012 in food, medical ethics, medical treatment, mental health, news by sally

“Mr Justice Jackson has ruled that it would be lawful and in the best interests of a 32 year old woman (referred to in the judgment as ‘E’) for her to be fed, using physical force or chemical sedation as necessary, for a period of ‘not less than a year’.”

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UK Human Rights Blog, 19th June 2012

Source: www.ukhumanrightsblog.com

‘As hard as it gets’: the case of anorexic E and the right to die – The Guardian

Posted June 19th, 2012 in medical ethics, medical treatment, mental health, news by sally

“The judge in this challenging case eventually relied on intuition. In such a dilemma, can law or ethics ever yield a single right answer?”

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The Guardian, 19th JUne 2012

Source: www.guardian.co.uk

Copyright rulings’ impact on cloud computing investment should act as warning to UK law makers, expert says – OUT-LAW.com

Posted June 19th, 2012 in copyright, news, reports by sally

“UK law makers and the judiciary should take note of new research that has claimed that a narrow reading of copyright law exceptions can result in an erosion of investment in new technologies, an expert has said.”

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OUT-LAW.com, 19th June 2012

Source: www.out-law.com

Terror watchdog says secret courts plan could work – BBC News

“The terrorism laws watchdog says controversial plans for more secrecy in British courts can be made to work.”

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BBC News, 19th June 2012

Source: www.bbc.co.uk