sally

In re Asegaai Consultants Ltd and other companies; Wood and another v Mistry – WLR Daily

Posted July 12th, 2012 in disqualification, fraud, law reports, liquidators, winding up by sally

In re Asegaai Consultants Ltd and other companies; Wood and another v Mistry [2012] EWHC 1899 (Ch); [2012] WLR (D) 198

“The court would not exercise its discretion under section 4(1)(b) of the Company Directors Disqualification Act 1986 to make a disqualification order against a liquidator who had been guilty of any fraud in relation to the company or of any breach of his duty as such liquidator unless serious misconduct had been established. Where a liquidator applied pursuant to section 16(2) of the Act for a disqualification order under section 4 it was not a prerequisite that the liquidator should have a financial interest in the order being made.”

WLR Daily, 10th July 2012

Source: www.iclr.co.uk

Command Papers – official-documents.gov.uk

Posted July 12th, 2012 in parliamentary papers by sally

The Government response to the seventh report from the Scottish Affairs Committee session 2010-12, HC 1117, Cm 8361 (PDF)

Memorandum to the Environment, Food and Rural Affairs Select Committee: Post-Legislative Assessment of the Clean Neighbourhoods and Environment Act 2005, Cm 8394 (PDF)

Bereavement Benefit for the 21st Century, Cm 8371 (PDF)

Draft Care and Support Bill, Cm 8386 (PDF)

Caring for our future: reforming care and support, Cm 8378 (PDF)

Reforming the law for adult care and support, Cm 8379 (PDF)

Government response to the House of Commons Health Committee Report on Social Care, Cm 8380 (PDF)

Caring for our future: progress report on funding reform, Cm 8381 (PDF)

Source: www.official-documents.gov.uk

Second time lucky? Bill of Rights Commission consults… again – UK Human Rights Blog

Posted July 12th, 2012 in constitutional reform, consultations, human rights, news by sally

“Last year, the troubled Commission on a Bill of Rights consulted the public on whether the UK needed a new human rights instrument. Many, including me, commented that the consultation document was a little sparse on detail. In any event, the consultation closed in November 2011.”

Full story

UK Human Rights Blog, 11th July 2012

Source: www.ukhumanrightsblog.com

Lord Neuberger to be announced as supreme court president – The Guardian

Posted July 12th, 2012 in judges, news, Supreme Court by sally

“The master of the rolls, expected to succeed Lord Phillips as UK’s most senior judge, hides a razor-sharp intellect behind an easy-going manner.”

Full story

The Guardian, 12th July 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 12th, 2012 in law reports by sally

Supreme Court

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council & Anor[2012] UKSC 31 (11 July 2012)

ANS & Anor v ML [2012] UKSC 30 (11 July 2012)

Court of Appeal (Criminal Division)

BA, R v [2012] EWCA Crim 1529 (11 July 2012)

Court of Appeal (Civil Division)

Keay & Anor v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900 (11 July 2012)

Holmes & Anor v Evans & Anor [2012] EWCA Civ 941 (11 July 2012)

BA & Ors v Secretary of State for the Home Department [2012] EWCA Civ 944 (11 July 2012)

SS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ 945 (11 July 2012)

Schofield v HM Revenue and Customs [2012] EWCA Civ 927 (11 July 2012)

Waite v Paccar Financial Plc [2012] EWCA civ 901 (10 July 2012)

High Court (Family Division)

W v H [2012] EWHC 1103 (Fam) (02 May 2012)

C, Re [2012] EWHC 907 (Fam) (22 March 2012)

High Court (Administrative Court)

Harrow Community Support Ltd v The Secretary of State for Defence [2012] EWHC 1921 (Admin) (10 July 2012)

Eventech Ltd v The Parking Adjudicator & Anor [2012] EWHC 1903 (Admin) (11 July 2012)

Waghorn v Care Quality Commission [2012] EWHC 1816 (Admin) (11 July 2012)

High Court (Commercial Court)

Taokas Navigation SA v Komrowski Bulk Shipping KG (GmbH & Co) & Ors [2012] EWHC 1888 (Comm) (11 July 2012)

High Court (Patents Court)

Generics [uk] Ltd (t/a Mylan) v Yeda Research and Development Co Ltd & Anor [2012] EWHC 1848 (Pat) (11 July 2012)

Source: www.bailii.org

Badger cull ruling due in high court – The Guardian

Posted July 12th, 2012 in animals, environmental protection, judicial review, news by sally

“The high court will rule on Thursday on whether farmers and landowners can legally cull thousands of badgers to tackle tuberculosis in cattle.”

Full story

The Guardian, 12th July 2012

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 12th, 2012 in legislation by sally

The Occupational and Personal Pension Schemes (Prescribed Bodies) Regulations 2012

The Whole of Government Accounts (Designation of Bodies) Order 2012

The Income Tax (Exemption of Minor Benefits) (Amendment) Regulations 2012

The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012

The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2012

The Local Government Officers (Political Restrictions) (Amendment) (England) Regulations 2012

The Payment Services Regulations 2012

The INSPIRE (Amendment) Regulations 2012

The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

The Syria (Restrictive Measures) (Overseas Territories) Order 2012

The Iran (Restrictive Measures) (Overseas Territories) Order 2012

The Office of Qualifications and Examinations Regulation (Determination of Turnover for Monetary Penalties) Order 2012

Source: www.legislation.gov.uk

Views sought on Government’s ‘communications data’ surveillance plans – OUT-LAW.com

Posted July 12th, 2012 in bills, consultations, internet, investigatory powers, news, telecommunications by sally

“A Parliamentary committee is seeking views on Government plans to expand existing laws on communications surveillance.”

Full story

OUT-LAW.com, 11th July 2012

Source: www.out-law.com

Justice for murdered rape victims: the DPP changes policy on rape counts left on file – Halsbury’s Law Exchange

Posted July 12th, 2012 in families, murder, news, rape, victims by sally

“Last week Kier Starmer QC, the Director of Public Prosecutions (DPP), announced that cases of rape linked to murder should be prosecuted rather than being left on file.”

Full story

Halsbury’s Law Exchange, 11th July 2012

Source: www.halsburyslawexchange.co.uk

“It’s make or break for the criminal bar”: interview with John Cooper QC – Head of Legal

Posted July 12th, 2012 in barristers, legal aid, podcasts, quality assurance by sally

“I spoke to John Cooper QC today at his chambers to ask him why he’s standing for Vice-Chair of the Criminal Bar Association, and why in his manifesto he raises the prospect of potential industrial action by barristers in response to government policies on criminal legal aid.”

Podcast

Head of Legal, 11th July 2012

Source: www.headoflegal.com

‘Human right to benefits’ could be included in law reform – Daily Telegraph

Posted July 12th, 2012 in benefits, constitutional reform, environmental protection, human rights, news by sally

“Every Briton could have a guaranteed entitlement to welfare benefits in a ‘far-reaching’ expansion of human rights proposed by the body that was intended by David Cameron to rein in the law.”

Full story

Daily Telegraph, 11th July 2012

Source: www.telegraph.co.uk

Judge rejects bid to stop Olympic rooftop missiles – The Independent

Posted July 10th, 2012 in defence, news, sport, terrorism, weapons by sally

“Alarmed residents have lost their High Court battle to prevent surface-to-air missiles being stationed on the roof of a 17-storey residential tower block during the Olympics.”

Full story

The Independent, 10th July 2012

Source: www.independent.co.uk

Bar-solicitor divisions ‘music to government’s ears’ – Law Society’s Gazette

Posted July 10th, 2012 in barristers, legal profession, news, solicitors by sally

“Two leading criminal lawyers have called for solicitors and barristers to stop arguing among themselves and unite, to promote their clients’ interests and the justice system.”

Full story

Law Society’s Gazette, 10th July 2012

Source: www.lawgazette.co.uk

Discrimination & employment status: a new or a false dawn? – Hardwicke Chambers

Posted July 10th, 2012 in employment, equality, news, self-employment by sally

“When trying to answer the question, is this claimant an employee under section 230 of the Employment Rights Act 1996 (‘ERA’)?, we at least know what tests should be applied, even if applying them can be difficult in practice. What has been harder is deciding whether someone who is not an employee under the ERA is in ’employment under… a contract personally to do work’ under the Equality Act 2010 (EqA) or its predecessors. Chris Camp considers employment status in discrimination law, in light, in particular, of the recent Supreme Court decision in Jivraj v Hashwani [2011] UKSC 40.”

Full story

Hardwicke Chambers, 5th July 2012

Source: www.hardwicke.co.uk

Set in Stone? – Zenith Chambers

Posted July 10th, 2012 in appeals, housing, landlord & tenant, news, notification, repossession by sally

“Conditional review decisions in introductory tenancy cases following Camden v Stafford.”

Full story (PDF)

Zenith Chambers, 5th July 2012

Source: www.zenithchambers.co.uk

Command Papers – official-documents.gov.uk

Posted July 10th, 2012 in parliamentary papers by sally

Reform of the Office of Children’s Commissioner: draft legislation, Cm 8390 (PDF)

HM Government response to the House of Lords Select Committee on the Constitution 3rd Report of Session 2012-13: The Justice and Security Bill, Cm 8404 (PDF)

Source: www.official-documents.gov.uk

Regina v Bewley – WLR Daily

Posted July 10th, 2012 in appeals, firearms, law reports, weapons by sally

Regina v Bewley [2012] EWCA Crim 1457; [2012] WLR (D) 197

“A weapon from which a missile could be discharged only by means of elaborate steps taken with the use of additional equipment was not a firearm within section 57(1) of the Firearms Act 1968.”

WLR Daily, 6th July 2012

Source: www.iclr.co.uk

Regina v Aldridge; Regina v Eaton – WLR Daily

Posted July 10th, 2012 in appeals, law reports, sentencing, sexual offences prevention orders by sally

Regina v Aldridge; Regina v Eaton [2012] EWCA Crim 1456; [2012] WLR (D) 196

“Although no provision had expressly been made for an appeal against a variation or refusal to vary a Sexual Offences Prevention Order, which was a clear legislative oversight, there was authority that a variation of such an order constituted “an order made by the court when dealing with an offender” falling within the broad context of section 50 of the Criminal Appeal Act 1968. That decision had not been decided per incuriam and was binding. When deciding these appeals the court had been sitting in the Court of Appeal, Criminal Division, rather than the Court of Appeal, Civil Division.”

WLR Daily, 4th July 2012

Source: www.iclr.co.uk

Leytonstone residents in court to challenge Olympic missiles – The Guardian

Posted July 10th, 2012 in defence, news, sport, terrorism, weapons by sally

“Residents of a tower block near the Olympic Park will learn on Tuesday whether they have the right to challenge an unprecedented decision by the army to deploy high velocity missiles in a residential area.”

Full story

The Guardian,9th July 2012

Source: www.guardian.co.uk