Williams (Respondent) v Central Bank of Nigeria (Appellant) – Supreme Court

Posted February 21st, 2014 in constructive trusts, fraud, law reports, limitations by sally

Williams (Respondent) v Central Bank of Nigeria (Appellant) [2014] UKSC 10 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) – Supreme Court

Posted February 21st, 2014 in corporation tax, EC law, law reports, subsidiary companies by sally

Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) [2014] UKSC 11 & [2013] UKSC 30 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted February 21st, 2014 in asylum, human rights, law reports by sally

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) [2014] UKSC 12 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Magistrates should sit in police stations, report says – BBC News

Posted February 21st, 2014 in courts, magistrates, news, police, reports by sally

‘The government should allow magistrates to dispense on-the-spot justice inside police stations at peak times, a report by a right-leaning think tank has said.’

Full story

BBC News, 21st February 2014

Source: www.bbc.co.uk

British Telecommunications plc v Office of Communications and others – WLR Daily

Posted February 21st, 2014 in compensation, jurisdiction, law reports, licensing, media by sally

British Telecommunications plc v Office of Communications and others [2014] EWCA Civ 133; [2014] WLR (D) 79

‘The Office of Communications had jurisdiction under section 316 of the Communications Act 2003 to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate to impose such conditions to ensure fair and effective competition.’

WLR Daily, 17th February 2014

Source: www.iclr.co.uk

Regina v Howe (Kevin) – WLR Daily

Posted February 21st, 2014 in assisted suicide, attempts, law reports, sentencing, suicide by sally

Regina v Howe (Kevin) [2014] EWCA Crim 114; [2014] WLR (D) 77

‘The Court of Appeal, Criminal Division, gave guidance as to the appropriate level of sentence for offences of encouraging or assisting suicide, contrary to section 2(1) of Suicide Act 1961, taking into account the harm caused and the culpability of the offender.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

Regina (Cornwall Council) v Secretary of State for Health – WLR Daily

Posted February 21st, 2014 in community care, disabled persons, law reports, local government by sally

Regina (Cornwall Council) v Secretary of State for Health [2014] EWCA Civ 12; [2014] WLR (D) 80

‘When resolving questions as to the “ordinary residence” of an adult man suffering from multiple complex disabilities, the test whereby a person who was so severely handicapped as to be totally dependent on a parent was in the same position as a small child and his ordinary residence was that of his parents because that was his base, was not to be followed.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Regina v McLoughlin; Regina v Newell – WLR Daily

Posted February 21st, 2014 in human rights, imprisonment, law reports, murder, sentencing by sally

Regina v McLoughlin; Regina v Newell [2014] EWCA Crim 188; [2014] WLR (D) 82

‘The imposition of a whole life order of imprisonment was not incompatible with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms because the Secretary of State had power under section 30 of the Crime (Sentences) Act 1997 to review such an order where exceptional circumstances had arisen which would justify release on compassionate grounds.

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Regina v Pace and another – WLR Daily

Posted February 21st, 2014 in appeals, attempts, law reports, proceeds of crime by sally

Regina v Pace and another [2014] EWCA Crim 186; [2014] WLR (D) 81

‘The mens rea of the offence of attempting to conceal, disguise or convert criminal property, contrary to section 327(1) of the Proceeds of Crime Act 2002, required that the defendant knew that the property was criminal property. Mere suspicion of that fact was insufficient.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) – WLR Daily

Clark and another v In Focus Asset Management & Tax Solutions Ltd (Financial Ombudsman Service intervening) [2014] EWCA Civ 118; [2014] WLR (D) 76

‘The doctrine of res judicata precluded a complainant who had accepted an award made by the Financial Ombudsman Service from starting legal proceedings to pursue complaints which had already been submitted to the ombudsman service and which the ombudsman had decided. Further, section 228(5) of the Financial Services and Markets Act 2000 did not exclude the operation of res judicata.’

WLR Daily, 14th February 2014

Source: www.iclr.co.uk

What to do if your organisation is the victim of a fraud attack – OUT-LAW.com

Posted February 21st, 2014 in banking, computer crime, disclosure, fraud, news by sally

‘The trial of five people accused of stealing millions of pounds from UK banks using computer technology to access bank accounts has emphasised how vulnerable even the biggest and most secure organisations can be to fraud.’

Full story

OUT-LAW.com, 21st February 2014

Source: www.out-law.com

Rise in cases of harassment – but prosecutions fall – The Independent

Posted February 21st, 2014 in domestic violence, harassment, news, prosecutions, statistics by sally

‘Soaring numbers of harassment cases are never making it to court, The Independent has learnt. The rise is resulting in victims of domestic abuse being systematically let down by police and the Crown Prosecution Service, campaigners have said.’

Full story

The Independent, 20th February 2014

Source: www.independent.co.uk

Most train users unaware of rights, says rail regulator – BBC News

Posted February 21st, 2014 in codes of practice, compensation, consumer protection, news, railways by sally

‘Most train passengers are unaware of their rights to compensation after cancellations or delays, the rail regulator has said.’

Full story

BBC News, 21st February 2014

Source: www.bbc.co.uk