‘The High Court has rejected jailed publicist Max Clifford’s attempt to limit his costs to only £5,000 in a privacy claim by making an “inadequate” Calderbank offer.’
Litigation Futures, 21st March 2016
Source: www.litigationfutures.com
‘As is well known, the development of the law in England and Wales was effected not only through cases where the claims were brought in the courts, but through claims that were brought in arbitrations. In 1979 (by statute) and 1981 (by Lords Denning and Diplock through an interpretation of that statute), the relationship between the courts and arbitration was changed on the perceived basis that it was damaging the attractiveness of London as a centre for dispute resolution through arbitration.’
Courts and Tribunals Judiciary, 18th March 2016
Source: www.judiciary.gov.uk
Regina v Boateng; [2016] EWCA Crim 57
‘The defendant. a Ghanaian national, held a non-European Union passport. His wife, also a Ghanaian national, assumed the identity of a deceased Ghanaian national, who had had Dutch citizenship, and obtained a Dutch identification card and a Dutch passport under that false identity. The defendant and his wife had an infant daughter. On the false premise that he and the daughter were entitled to reside in the United Kingdom by virtue of his wife’s falsely assumed status as a European Union national, the defendant obtained residence cards, each in the form of a Home Office stamp in a non-European Union passport, for himself and the daughter. On three occasions the defendant used his passport, containing the residence card stamp, to enter the United Kingdom, and on one occasion he used it to open a bank account in there. The defendant and his wife were charged with various immigration and documentation offences. The defendant pleaded guilty to eight counts, charged as follows: (i) seeking or obtaining leave to enter or remain in the UK by the deception of applying to the Home Office for a residence card for himself (count 2) and for a certificate of naturalisation (count 12), contrary to section 24A(1)(a) of the Immigration Act 1971; (ii) facilitating the commission of a breach of section 10(1)(c) of the “Immigration Act 1999” by obtaining leave for his daughter to enter or remain in the UK by the deception of applying to the Home Office for a residence card for her, contrary to section 25(1) of the 1971 Act (count 3); (iii) possessing false identity documents with intent, contrary to section 25(1) of the Identity Cards Act 2006 (counts 4 to 7); and (iv) being in possession or control with intent of an identity document, namely a British passport in his own name that he knew or believed to have been improperly obtained in February 2012, contrary to section 4 of the Identity Documents Act 2010 (count 13).’
WLR Daily, 16th March 2016
Source: www.iclr.co.uk
‘Pursuant to its power under section 226(1)(a) of the Town and Country Planning Act 1990, the local planning authority made a compulsory purchase order in respect of land which included a well known market. The claimant and the market traders’ association objected and a public inquiry was held. The planning inspector recommended that the order not be confirmed. The Secretary of State issued a decision confirming the order, ostensibly giving reasons for departing from the inspector’s recommendation. The judge dismissed the claimant’s challenge to the validity of the order under section 23 of the Acquisition of Land Act 1981. The claimant and the association appealed on the grounds that the reasons given by the Secretary of State for departing from the inspector’s recommendation were inadequate and/or inadequately expressed.’
WLR Daily, 18th March 2016
Source: www.iclr.co.uk
Revenue and Customs Commissioners v Apollo Fuels Ltd and others; [2016] EWCA Civ 157
‘The employers leased cars to their employees to enable them to carry out their duties. The cars were leased on arm’s length commercial terms, including lease charges at full market value. The revenue concluded that the provision of the cars was a taxable benefit, for the purposes of the Income Tax (Earnings and Pensions) Act 2003, and served notices of assessment for that tax on the employees. The First-tier Tribunal allowed the employees’ appeal, holding that the provision of the cars was a “benefit” which fell within section 114 of the 2003 Act with the result that Chapter 6 of Part 3 of the 2003 Act applied. That decision was affirmed by the Upper Tribunal.’
WLR Daily, 17th March 2016
Source: www.iclr.co.uk
‘A father who was identified by a high court judge as having probably sexually assaulted his baby daughter shortly before she died may be allowed to give evidence from a secret location after facing daily intimidation, a pre-inquest hearing has heard.’
The Guardian, 18th March 2016
Source: www.guardian.co.uk
‘Two police officers and two members of police staff were found to have committed misconduct over the way they dealt with a “very vulnerable” woman who was found dead in a police cell.’
The Guardian, 18th March 2016
Source: www.guardian.co.uk
‘TV cameras could be allowed into crown courts in England and Wales for the first time, as part of a pilot scheme proposed by the Ministry of Justice.’
BBC News, 20th March 2016
Source: www.bbc.co.uk
‘A long-established legal practice of imposing double convictions for racially or religiously aggravated offences has been overturned by a high court ruling that could influence national crime statistics.’
The Guardian, 20th March 2016
Source: www.guardian.co.uk
‘Victims of the worst contaminated blood scandal in the NHS’s history say they have been betrayed by the Government after plans were revealed to reduce their annual payouts. About 5,000 people – many of them haemophiliacs – who were infected with HIV, hepatitis C or both after receiving infected blood in the 1970s and 1980s, have been sent letters from the Department of Health asking for their views on “reforms” that will leave them up to £7,000 a year worse off.’
The Independent, 21st March 2016
Source: www.independent.co.uk
‘Nearly 700 sex offenders have been removed from the register in the last four years, including 157 child abusers, new figures have revealed. A Freedom of Information request by the BBC found more than half of applications made by criminals to be removed from the register since 2012 have been successful.’
The Independent, 21st March 2016
Source: www.independent.co.uk
‘One in five people receives an unsolicited, nuisance call every day in a practice fuelled by “ambulance-chasing lawyers,” a report has warned. The compensation culture, which is driven by claims management companies, has soared, despite government attempts to crack down on the practice.’
Daily Telegraph, 21st March 2016
Source: www.telegraph.co.uk
‘MP Simon Danczuk has been ordered to repay thousands of pounds after admitting an expenses claims “error”.’
BBC News, 18th March 2016
Source: www.bbc.co.uk
‘The government faces a new legal challenge to force it to speed up and improve measures to tackle air pollution in British cities. Environmental law group ClientEarth has asked the high court to urgently review the Department for Environment, Food and Rural Affairs’ (Defra) latest plans to meet EU targets on the toxic gas NO2 which is emitted from vehicles and industry and is thought to kill about 25,000 people in the UK a year.’
The Guardian, 18th March 2016
Source: www.guardian.co.uk
‘The Competition and Markets Authority (CMA) in the UK is to review the way it conducts market investigations, it has announced.’
OUT-LAW.com, 16th March 2016
Source: www.out-law.com
Recently added:
Exciting editorial role within online corporate intelligence company www.fromcounsel.com
FromCounsel, an online corporate intelligence service for law firms and in-house lawyers, is looking for a Barrister or Solicitor to join its team as a Legal Editor.
Developed by leading corporate barristers from Erskine Chambers and a team of experienced professional support lawyers, FromCounsel provides a wealth of practical, in-depth, ready-made answers to the crucial questions facing practitioners in their day-to-day work.
This is an exciting opportunity for a conscientious candidate to join this dynamic online company and assist in the production of premium quality content in an innovative, friendly and flexible working environment.
The ideal candidate will be pre-pupillage/training contract, or have a background in legal editorial work.
An interest in corporate law in preferable but not essential.
Positions available now and commencing Summer 2016.
Key responsibilities:
– Providing editorial assistance to PSLs and Head of Content;
– Assisting with the production and updating of content;
– Converting copy into house style;
– Proof-reading and legal research.
Key requirements:
– A minimum 2:1 degree of equivalent qualification;
– An exceptional standard of written English and meticulous attention to detail;
– Excellent research skills;
– A proven ability to work to tight deadline.
If you are interested in applying for this role please send you CV and covering letter to jobs@fromcounsel.com quoting reference ‘FC EDITOR’.
‘A planning inspector failed to apply a required test when allowing a development that would cause ‘less than substantial harm’ to a designated heritage asset, the High Court has ruled.’
OUT-LAW.com, 16th March 2016
Source: www.out-law.com
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