Freedom of expression: why are there greater restrictions online? – Halsbury’s Law Exchange

Posted November 2nd, 2012 in freedom of expression, internet, news, public order by sally

“When you are speaking to someone face to face you are free to say something grossly offensive to them, or even to shout it out so that anyone within earshot can hear. It’s not a crime. Section 5 of the Public Order Act 1986 states that it doesn’t matter whether you let loose your volley of invective in front of someone who is likely to be insulted by it, or even offended by it, provided they are not likely to have been caused harassment, alarm or distress.”

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Halsbury’s Law Exchange, 2nd November 2012


Recent Statutory Instruments –

Posted November 2nd, 2012 in legislation by sally

The Police (Amendment No. 4) Regulations 2012

The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment No. 2) Order 2012


Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another – WLR Daily

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another [2012] EWCA Civ 1401; [2012] WLR (D) 303

“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”

WLR Daily, 31st October 2012


Cairns v Modi; KC v MGN Ltd – WLR Daily

Cairns v Modi; KC v MGN Ltd [2012] EWCA Civ 1382; [2012] WLR (D) 302

“When breaking down the details of an award of damages in a defamation case there was no need to introduce a more analytical reasoning process founded on the three broad bands of compensation for injury to feelings in the context of sex and race discrimination cases.”

WLR Daily, 31st October 2012


Petrodel v Prest: hiding assets behind the corporate veil? – Halsbury’s Law Exchange

Posted November 2nd, 2012 in appeals, company law, disclosure, financial provision, matrimonial home, news by sally

For a long time family lawyers and the family courts have made the best of the creaking mechanism for financial provision that is the Matrimonial Causes Act 1973 (MCA 1973) (much amended…). Procedural changes are made but in terms of the interpretation of the MCA 1973 itself, case law is king. The family courts “make do and mend” so that the nearly 40-year-old primary legislation is fit for purpose. But the Court of Appeal last week decided that that the company law case of Salomon v A Salomon and Company, Limited [1897] AC 22 applies as much in the disposition of ancillary relief proceedings as in other proceedings.

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Halsbury’s Law Exchange, 1st November 2012


Finance and Divorce November Update – Family Law Week

Posted November 2nd, 2012 in divorce, family courts, financial provision, news by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse October’s financial remedies and divorce news and cases.”

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Family Law Week, 1st November 2012


Why we allow dissent – by our judges – Legal Week

Posted November 2nd, 2012 in EC law, freedom of expression, judiciary, news by sally

“Why do judges disagree and publish their disagreements when cases get decided? After all, the Cabinet does not do so (openly at least), and our FTSE 100 companies do not generally do so, when their executives propose a merger or launch a new product. Surely, judicial dissent is a recipe for diminishing the authority of the majority answer, and an invitation to self-indulgence on the part of the minority to re-fight lost and irrelevant battles.”

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Legal Week, 1st November 2012


Ken Clarke’s reforms could still cut prison population, figures show – The Guardian

Posted November 2nd, 2012 in imprisonment, news, sentencing, statistics by sally

“Ken Clarke’s sentencing reforms could still fuel a 2,000-strong cut in the record prison population in England and Wales, according to official projections.”

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The Guardian, 1st November 2012


Improving the protection of children across borders – Ministry of Justice

Posted November 2nd, 2012 in child abduction, fostering, guardianship, news, parental responsibility, treaties by sally

“Children from the UK will now have international protection if they move to another country outside the European Union. The 1996 Hague Convention will be in force from today meaning the public can be assured that countries which have opted in to the treaty will uphold and enforce a court order involving the protection of a child.”

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Ministry of Justice, 1st November 2012


Employee share ownership: proposals for the de-regulation of share buybacks by companies with employee shareholders – Employment Law Blog

Posted November 2nd, 2012 in company law, consultations, employment, news, shareholders by sally

“The Nuttall Review commissioned by the Department for Business Innovation and Skills and published on 4 July 2012 identified key barriers to the uptake of employee ownership and made a number of recommendations on how to reduce these barriers.”

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Employment Law Blog, 1st November 2012


New rules require the disclosure of stamp duty land tax schemes relating to properties of any value –

Posted November 2nd, 2012 in disclosure, news, regulations, stamp duty, tax avoidance by sally

“Stamp duty land tax (SDLT) schemes relating to residential or non-residential property of any value must be disclosed to HM Revenue & Customs (HMRC) from 1 November under the Disclosure of Tax Avoidance Schemes (DOTAS) rules, as new regulations come into force.”

Full story, 2nd November 2012


BAILII: Recent Decisions

Posted November 2nd, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Kirtland R. v [2012] EWCA Crim 2127 (10 October 2012)

Pope v R. [2012] EWCA Crim 2241 (01 November 2012)

Cooper, Re Application for for leave to appeal [2012] EWCA Crim 2240 (01 November 2012)

Court of Appeal (Civil Division)

Procter & Gamble Company & Ors v Svenska Cellulosa Aktiebolaget SCA & Anor [2012] EWCA Civ 1413 (01 November 2012)

Mir Steel UK Ltd v Morris & Ors [2012] EWCA Civ 1397 (01 November 2012)

High Court (Queen’s Bench Division)

Humber Oil Terminals Trustee Ltd., R (on the application of) v Marine Management Organisation [2012] EWHC 3058 (QB) (01 November 2012)

High Court (Chancery Division)

Heis & Ors (Administrators of MF Global UK Ltd.) v MF Global Inc [2012] EWHC 3068 (Ch) (01 November 2012)

High Court (Administrative Court)

Senior -Milne v Secretary of State for Justice [2012] EWHC 3062 (Admin) (30 October 2012)

High Court (Technology and Construction Court)

Harrison & Ors v Technical Sign Company Ltd [2012] EWHC 2887 (TCC) (15 October 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2012] EWHC 3023 (Comm) (01 November 2012)


No removal of right of appeal without clear and express wording – UK Human Rights Blog

Posted November 2nd, 2012 in amendments, appeals, constitutional law, judicial review, news, taxation, tribunals, VAT by sally

“Tax litigation is not the most obvious hunting ground for human rights points but if claimants feel sufficiently pinched by what they perceive as unfair rules, there is nothing to stop them appealing to the courts’ scrutiny of the lawfulness of those rules.”

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UK Human Rights Blog, 1st November 2012


Officers will not face court over ‘errors’ that led to Leonard McCourt’s death – The Independent

Posted November 2nd, 2012 in complaints, death in custody, news, police, prosecutions by sally

“The family of a man who died in the back of a police van following a ‘catalogue of errors’ by officers supposed to be monitoring him today spoke of their anger that nobody would face a criminal prosecution over his death.”

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The Independent, 1st November 2012