Type of interest due on overpaid tax is at discretion of national governments, ECJ says – OUT-LAW.com

Posted July 20th, 2012 in EC law, interest, news, repayment, VAT by tracey

“It is for European member states to determine how interest should be calculated on repayments of overpaid tax, the European Court of Justice (ECJ) has ruled.”

Full  story

OUT-LAW.com, 19th July 2012

Source: www.out-law.com

Doctors to be re-assessed every five years – Daily Telegraph

Posted July 20th, 2012 in doctors, news, quality assurance by tracey

“Family doctors will be reassessed to ensure they remain competent every five years from December, the medical watchdog said yesterday.”

Full story

Daily Telegraph, 20th July 2012

Source: www.telegraph.co.uk

DPP invites responses to proposed new Code for Crown Prosecutors – Crown Prosecution Service

“Keir Starmer QC, Director of Public Prosecutions, has today launched a consultation on a proposed new edition of the Code for Crown Prosecutors (the Code). The Code is the overarching document that all prosecutors follow in deciding whether or not a suspect should be charged.”

Full press release

Crown Prosecution Service, 19th July 2012

Source: www.cps.gov.uk

Criminals could avoid court in legal shake-up – Daily Telegraph

“Criminals arrested for offences such as minor assaults, theft and fraud could escape prosecution in the biggest shake-up of charging guidelines for 20 years.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

OFT to get immediate powers to close rogue lenders – The Guardian

Posted July 20th, 2012 in consumer credit, consumer protection, news by tracey

“The Office of Fair Trading will be able to clamp down on rogue companies by suspending or revoking their consumer credit licences with immediate effect under new legislation announced by the government.”

Full story

The Guardian, 19th July 2012

Source: www.guardian.co.uk

BBC lawyers consider formal appeal over court ban on riots drama – The Guardian

Posted July 20th, 2012 in appeals, BBC, injunctions, media, news, violent disorder by tracey

“Lawyers for the BBC are considering making a formal appeal against a court order that has banned the corporation from showing a dramatised film about the experiences of rioters who took part in last summer’s disorder.”

Full story

The Guardian, 19th July 2012

Source: www.guardian.co.uk

Urinating in lay-by is acceptable, rules judge – Daily Telegraph

Posted July 20th, 2012 in injunctions, news, nuisance, roads by tracey

“John Pusey and his wife Cherry spent 10 years trying to stop passing motorists using the bottom of their garden as a public convenience. But while the high court agreed it was annoying – the judges ruled the ‘comfort breaks’ did not amount to a ‘nuisance.’  They rejected the couple’s claim to close down the lay-by by the side of the road, leaving them with a six figure legal bill.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

Ian Tomlinson: what jury didn’t know about Pc Simon Harwood – Daily Telegraph

Posted July 20th, 2012 in complaints, disciplinary procedures, news, police by tracey

“PC Simon Harwood has a disciplinary record littered with complaints of aggressive behaviour and misconduct and once admitted being sent into ‘red mist mode’, it can be disclosed today.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

Riots murder trial: Senior officer ‘lied under oath’ – BBC News

Posted July 20th, 2012 in murder, news, perjury, police, violent disorder by tracey

“A trial of eight men accused of murder during the Birmingham riots almost collapsed when a judge declared a police officer had ‘invented a story.’ ”

Full story

BBC News, 19th July 2012

Source: www.bbc.co.uk

 

Hertfordshire NHS Trust fined over care home death – BBC News

Posted July 20th, 2012 in care homes, care workers, health & safety, homicide, mental health, news by tracey

“An NHS trust has been fined £150,000 and told to pay £326,345 costs over the killing of a female care worker at a residential home in Bedfordshire.”

Full story

BBC News, 19th July 2012

Source: www.bbc.co.uk

Police officer Simon Harwood cleared of killing Ian Tomlinson – Daily Telegraph

Posted July 19th, 2012 in demonstrations, homicide, news, police, trials by tracey

“Police officer Simon Harwood was today cleared of killing newspaper seller Ian Tomlinson during the G20 protests in London in 2009. Concerns about the Pc’s alleged previous ‘heavy handed policing’ were only disclosed after acquittal.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

One Judge down. Who is next in line to be lord chief justice? – The Guardian

Posted July 19th, 2012 in judiciary, news by tracey

“An unusually large number of senior judges are due to retire in the next year or so. Who might replace them?”

Full story

The Guardian, 19th July 2012

Source: www.guardian.co.uk

Lawyers must do better – The Guardian

Posted July 19th, 2012 in fees, insurance, law firms, legal profession, news by tracey

“Legal insurance and conditional and fixed-fee arrangements aren’t serving people’s best interests.”

Full story

The Guardian, 19th July 2012

Source: www.guardian.co.uk

Oldham wife Shasta Khan guilty of Jewish jihad plan – BBC News

Posted July 19th, 2012 in explosives, news, terrorism by tracey

“A woman from Oldham has been found guilty of helping her husband plan a terrorist attack in an attempt to carry out ‘jihad at home’.”

Full story

BBC News, 19th July 2012

Source: www.bbc.co.uk

Jeremy Bamber granted appeal in European court – Daily Telegraph

Posted July 19th, 2012 in appeals, human rights, murder, news, sentencing by tracey

“Jeremy Bamber, who murdered five members of his family, have been granted an appeal by the Grand Chamber of Europe’s human rights court.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted July 19th, 2012 in law reports by tracey

Supreme Court

The Health and Safety Executive v Wolverhampton City Council [2012] UKSC 34 (18 July 2012)

Munir & Anor, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 32 (18 July 2012)

Alvi, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 33 (18 July 2012)

Court of Appeal (Civil Division)

Horn & Ors v Commercial Acceptances Ltd [2012] EWCA Civ 958 (19 July 2012)

Maidment v Attwood & Ors [2012] EWCA Civ 998 (19 July 2012)

L-B (Children) [2012] EWCA Civ 984 (18 July 2012)

Arif v Zar & Anor [2012] EWCA Civ 986 (18 July 2012)

Berent v Family Mosaic Housing & Anor [2012] EWCA Civ 961 (18 July 2012)

Independent Safeguarding Authority v SB & Anor [2012] EWCA Civ 977 (18 July 2012)

Selwood v Durham County Council & Ors [2012] EWCA Civ 979 (18th July 2012)

Royal Borough of Windsor & Maidenhead v Smith [2012] EWCA Civ 997 (18 July 2012)

High Court (Administrative Court)

Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs & Anor [2012] EWHC 1976 (Admin) (19 July 2012)

Hakemi & Ors v Secretary of State for the Home Department [2012] EWHC 1967 (Admin) (19 July 2012)

Secretary of State for the Home Department v AY [2012] EWHC 2054 (Admin) (19 July 2012)

Preston City Council v Oyston Angel Charity [2012] EWHC 2005 (Admin) (19 July 2012)

Bass & Anor v Solicitors Regulation Authority [2012] EWHC 2012 (Admin) (18 July 2012)

PNH (Properties) Ltd v Secretary of State for Communities and Local Government [2012] EWHC 1998 (Admin) (18 July 2012)

Hicks & Ors, R (on the application of) v Commissioner of Police for the Metropolis [2012] EWHC 1947 (Admin) (18 July 2012)

Hunt v North Somerset Council [2012] EWHC 1928 (Admin) (18 July 2012)

HM Attorney General v Associated Newspapers Ltd & Anor [2012] EWHC 2029 (Admin) (18 July 2012)

High Court (Commercial Court)

DGM Commodities Corp v Sea Metropolitan SA [2012] EWHC 1984 (Comm) (18 July 2012)

High Court (Technology and Construction Court)

Walter Lilly & Company Ltd v MacKay & Anor [2012] EWHC 1972 (TCC) (17 July 2012)

Source: www.bailii.org

 

Gary McKinnon ‘no choice’ but to refuse medical test – BBC News

Posted July 19th, 2012 in extradition, mental health, news, suicide by tracey

“Computer hacker Gary McKinnon ‘has no choice’ but to refuse a medical test to see if he is fit to be extradited to the US, his mother has said.”

Full story

BBC News, 19th July 2012

Source: www.bbc.co.uk

Birmingham riot deaths: Eight men cleared – BBC News

Posted July 19th, 2012 in murder, news, violent disorder by tracey

“Eight men have been found not guilty of the murder of three men during last summer’s riots in Birmingham.”

Full story

BBC News, 19th July 2012

Source: www.bbc.co.uk

Shergill and others v Khaira and others – WLR daily

Posted July 19th, 2012 in appeals, law reports, succession, trusts by tracey

Shergill and others v Khaira and others: [2012] EWCA Civ 983;  [2012] WLR (D)  214

“The courts will abstain from adjudicating on the truth, merits or sincerity of differences in religious doctrine or belief and on the correctness or accuracy of religious practice, custom or tradition.”

WLR daily, 17th July 2012

Source: www.iclr.co.uk

Regina (Munir) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants intervening): Regina (Rahman) v Same – WLR Daily

Posted July 19th, 2012 in immigration, law reports, Supreme Court by tracey

Regina (Munir) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants intervening): Regina (Rahman) v Same: [2012] UKSC 32;  [2012] WLR (D)  213

“If a statement of an immigration policy was flexible and stated that an immigration rule relating to leave to enter and remain in the United Kingdom might, depending on the circumstances of each case, be relaxed if certain conditions were satisfied, the statement itself was not an immigration rule and therefore the Secretary of State was not required to lay it before Parliament in accordance with section 3(2) of the Immigration Act 1971.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk