Month: July 2015

Ownership of Sculpture – Local Government Law

Posted July 14th, 2015 in artistic works, local government, news by tracey

‘In Tower Hamlets LBC v Bromley LBC [2015] EWHC 1954 (Ch) the Chancery Division of the High Court was asked to determine the ownership of a Henry Moore sculpture. Tower Hamlets LBC (“TH”) as the successor to the Stepney Borough Council (“SB”), pursuant to the London Government Act 1963 (“the 1963 Act”). Bromley LBC (“Br”) was the successor to the London Residuary Body (“the LRB”). The LRB was the successor to the Greater London Council (“the GLC”) pursuant to the Local Government Act 1985. The GLC was successor to the London County Council (“the LCC”) pursuant to the 1963 Act.’

Full story

Local Government Law, 13th July 2015

Source: www.11kbw.com/blogs/local-government-law

How mad must you be, not to be responsible for your actions? – UK Human Rights Blog

Posted July 14th, 2015 in appeals, crime, mental health, negligence, news, personal injuries by tracey

‘Dunnage v. Randall & UK Insurance Ltd [2015] EWCA Civ 673, 2 July 2015
This is an extraordinary case, and one which goes deep down into why the law of wrongs (or torts) makes people compensate others for injury and losses, whereas the criminal law may decide that a crime has not been committed.’

Full story

UK Human Rights Blog, 14th July 2015

Source: www.ukhumanrightsblog.com

Time for law firms to go back to school, says BPP chief – Legal Futures

Posted July 14th, 2015 in law firms, legal education, news, solicitors by tracey

‘Legal apprenticeships “are going to be massive” and law firms will have to respond by recruiting A-Level students straight from school, the dean of BPP Law School has predicted.’

Full story

Legal Futures, 14th July 2015

Source: www.legalfutures.co.uk

The law in Wales – making it clearer, more modern and easier to use – Law Commission

Posted July 14th, 2015 in consultations, Law Commission, press releases, Wales by tracey

‘Throughout the UK the law can be difficult for professionals and the public to find and understand. The volume of legislation in England and Wales, the number of amendments and the way in which legislation is presented, make it increasingly difficult to find out what the law is and what it means. In Wales, the process of devolution has made matters even more complicated. In a consultation opening on 9 July the Law Commission is asking what can be done to simplify legislation relating to Wales and make it more accessible.’

Full press release

Law Commission, 9th July 2015

Source: www.lawcom.gov.uk

Second annual report of the National Crime Agency (NCA) – Home Office

Posted July 14th, 2015 in national crime agency, reports by tracey

‘This is the second annual report of the National Crime Agency (NCA). It reports on the exercise of the NCA’s statutory functions for 2014 to 2015, its first full operational year.’

Full report

Home Office, 13th July 2015

Source: www.gov.uk/home-office

Husband ordered to hand over all assets to wife in divorce case – Daily Telegraph

Posted July 14th, 2015 in appeals, divorce, financial provision, news by tracey

‘A hospital consultant who left his family and moved abroad has been ordered to hand his ex-wife all their assets, including a property and savings of more than £300,000.’

Full story

Daily Telegraph, 13th July 2015

Source: www.telegraph.co.uk

Former Ukip MEP sentenced to five years in prison for expenses fraud – The Guardian

Posted July 14th, 2015 in expenses, fraud, news, sentencing by tracey

‘Ashley Mote, who submitted bogus European parliamentary expenses claims of almost £500,000, ‘lied and lied’ throughout his trial.’

Full story

BBC News, 13th July 2015

Source: www.bbc.co.uk

Child abuse inquiry judge’s £500,000 pay package revealed – The Guardian

Posted July 14th, 2015 in inquiries, judges, news, remuneration by tracey

‘The New Zealand high court judge chairing a UK inquiry into child abuse is to receive a pay package worth £500,000 a year, it has been disclosed.’

Full story

The Guardian, 13th July 2015

Source: www.guardian.co.uk

Dermot O’Leary cleared over swearing during Comic Relief danceathon – BBC News

Posted July 14th, 2015 in complaints, media, news, obscenity by tracey

‘Dermot O’Leary’s been cleared by watchdog Ofcom after swearing during a live broadcast of his 24-hour danceathon on the BBC One Red Button.’

Full story

BBC News, 13th July 2015

Source: www.bbc.co.uk

Privacy campaigners win concessions in UK surveillance report – The Guardian

Posted July 14th, 2015 in intelligence services, investigatory powers, news, privacy, reports by tracey

‘Privacy campaigners have secured significant concessions in a key report into surveillance by the British security agencies published on Tuesday. The 132-page report, A Democratic Licence To Operate, which Nick Clegg commissioned last year in the wake of revelations by the US whistleblower Edward Snowden, acknowledges the importance of privacy concerns.’

Full story

The Guardian, 14th July 2015

Source: www.guardian.co.uk

Operation Jasmine: Care home neglect inquiry to report – BBC News

Posted July 14th, 2015 in care homes, elderly, inquiries, negligence, news, reports by tracey

‘The findings of an independent report into what became the biggest UK inquiry into alleged abuse at care homes are being published later. Operation Jasmine, led by Gwent Police, focused on six care homes in south Wales and cost £11.6m.’

Full story

BBC News, 14th July 2015

Source: www.bbc.co.uk

South Wales Police ‘did not investigate ID of child sex gang’ – BBC News

Posted July 14th, 2015 in gangs, news, police, reports, sexual grooming, sexual offences, Wales by tracey

‘Police did not try to identify a child sex gang which exploited a 15-year-old girl for four years, a watchdog says. Despite more than 40 child protection forms being completed, South Wales Police did not investigate the men or protect other children.’

Full story

BBC News, 14th July 2015

Source: www.bbc.co.uk

UK Supreme Court upholds HMRC’s position in gaming machine VAT case – OUT-LAW.com

Posted July 13th, 2015 in appeals, gambling, HM Revenue & Customs, interpretation, news, Supreme Court, VAT by tracey

‘The element of chance in a computerised slot machine connected to a separate random number generator (RNG) was still “provided by means of the machine” for the purposes of VAT legislation, meaning that the takings from that machine were subject to VAT, the UK’s highest court has confirmed.’

Full story

OUT-LAW.com, 10th July 2015

Source: www.out-law.com

Fab four film remains ‘subject to contract’ – Technology Law Update

Posted July 13th, 2015 in appeals, artistic works, contracts, copyright, news, Supreme Court by tracey

‘In commercial negotiations you may have used the words “subject to contract” or something similar. But what does this actually mean?’

Full story

Technology Law Update, 9th July 2015

Source: www.technology-law-blog.co.uk

NEW UNINSURED DRIVERS’ AGREEMENT – IN FORCE 1 AUGUST 2015 – Zenith PI

Posted July 13th, 2015 in accidents, consultations, dispute resolution, driving licences, insurance, Motor Insurers’ Bureau, news, road traffic by tracey

‘A new Uninsured Drivers’ Agreement comes into force on 1 August 2015 which applies to accidents occurring on or after that date.’

Full story

Zenith PI, 13th July 2015

Source: www.zenithpi.wordpress.com

Time to banish “procedural squabbles” to keep costs proportionate, says senior judge – Litigtaion Futures

Posted July 13th, 2015 in civil procedure rules, codes of practice, costs, judges, news, proportionality, solicitors by tracey

‘Unreasonableness, intransigence and the taking of every point must now be regarded as unacceptable in the post-Jackson world, a High Court judge has warned in setting out how to comply with the overriding objective to deal with cases at proportionate cost.’

Full story

Litigation Futures, 13th July 2015

Source: www.litigationfutures.com

High Court: solicitors had duty to advise on commercial element of deal – Legal Futures

Posted July 13th, 2015 in causation, competition, covenants, negligence, news, restraint of trade, solicitors by tracey

‘The High Court has dismissed a claim against a firm of solicitors, despite finding it negligent in failing to raise the absence of a covenant in restraint of competition during the purchase of a commercial property.’

Full story

Legal Futures, 13th July 2015

Source: www.legalfutures.co.uk

BSB criticises its training course but remains tight-lipped on future – Legal Futures

Posted July 13th, 2015 in barristers, consultations, legal education, news, standards by tracey

‘The Bar Standards Board (BSB) has strongly criticised the Bar Professional Training Course (BPTC), while remaining tight-lipped as to whether it should be scrapped.’

Full story

Legal Futures, 13th July 2015

Source: www.legalfutures.co.uk

Rank Group plc v Revenue and Customs Comrs – WLR Daily

Posted July 13th, 2015 in appeals, gambling, HM Revenue & Customs, interpretation, law reports, Supreme Court, VAT by tracey

Rank Group plc v Revenue and Customs Comrs: [2015] UKSC 48; [2015] WLR (D) 299

‘Slot machines operating through multi-terminal systems in which random number generators (“RNGs”) were housed separately from the terminals were to be treated as composite machines providing players with an element of chance in the game within the meaning of section 26 of the Gaming Act 1968 and Group 4, item 1, note (3) of Schedule 9 to the Value Added Tax Act 1994. The takings from such machines were, accordingly, not exempt but liable to value added tax.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

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

Posted July 13th, 2015 in appeals, disabled persons, financial provision, judicial review, law reports, local government, Supreme Court by tracey

Regina (Cornwall Council and another) v Secretary of State for Health: [2015] UKSC 46; [2015] WLR (D) 298

‘In determining the ordinary residence of an adult, who lacked mental capacity to choose where to live, it was incorrect to apply a test that by reason of such incapacity he was in the same position as a small child and that his ordinary residence was that of his parents because that was his base.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk