Barlow Clowes accomplice escapes £10m debt – The Times

Posted July 4th, 2007 in bankruptcy, fraud, news by sally

“A key player in the Barlow Clowes affair – one of Britain’s most notorious frauds – will be able to keep nearly £10 million after the High Court ruled that creditors could not pursue him in Mauritius, where he is now based.”

Full story

The Times, 3rd July 2007

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted July 3rd, 2007 in legislation by sally

The Pershore Group of Colleges (Designated Staff) Order 2007

The Pershore Group of Colleges (Dissolution) Order 2007

The Children Act 2004 (Director of Children’s Services) (Appointed Day) Order 2007

The Education (School Teachers’ Pay and Conditions) (No. 2) (Amendment) Order 2007

The Gambling (Operating Licence and Single-Machine Permit Fees) (Amendment) (No. 2) Regulations 2007

The Bovine Products (Restriction on Placing on the Market) (England) (No. 2) (Amendment) Regulations 2007

The Railways (North and West London Lines) Exemption Order 2007

The Urban Regeneration Agency (London Development Agency) Transfer Scheme 2000 (Modification) Order 2007

The Miscellaneous Food Additives and the Sweeteners in Food (Amendment) (England) Regulations 2007

The Gambling Act 2005 (Limits on Prize Gaming) Regulations 2007

The Gambling Act 2005 (Premises Licences and Provisional Statements) (Amendment) (England and Wales) Regulations 2007

The Early Years Foundation Stage (Learning and Development Requirements) Regulations 2007

The Early Years Foundation Stage (Welfare Requirements) Regulations 2007

The Day Care and Child Minding (Registration Fees) (England) (Amendment) Regulations 2007

Source: www.opsi.gov.uk

FSA warns of criminal gangs cashing in on insider dealing – The Times

Posted July 3rd, 2007 in insider dealing, news by sally

“Gangs of organised criminals may be infiltrating the mergers and acquisitions departments of British investment banks to garner inside information on takeover bids, the City watchdog suggested yesterday.”

Full story

The Times, 3rd July 2007

Source: www.timesonline.co.uk

Hutchison 3G UK Ltd. and Others v. Commissioners of Revenue and Customs – Times Law Reports

Posted July 3rd, 2007 in law reports, VAT by sally

Licence auction not in VAT system

Hutchison 3G UK Ltd and Others v Commissioners of Revenue and Customs Case C-369/04

Court of Justice of the European Communities

“The public auction by a government agency of third-generation universal mobile telecommunications system licences was not an economic activity and therefore did not come within the value-added tax system.”

The Times, 3rd July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Beckett Investment Management Group Ltd. and others v. Hall and others – WLR Daily

Posted July 3rd, 2007 in law reports, restraint of trade by sally

Beckett Investment Management Group Ltd. and others v. Hall and others [2007] EWCA Civ 613

“In construing a covenant in restraint of trade between a holding company and its employees who provided services through subsidiary companies within a corporate group, the Court of Appeal rejected a ‘purist’ approach to corporate personality in favour of one which had regard to the realities of big business.”

WLR Daily, 28th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bar Council and SMF team-up to offer placement scheme – Bar Council

Posted July 3rd, 2007 in barristers, legal education, news by sally

“The Bar Council is joining forces with the Social Mobility Foundation to offer a placement scheme for 27 students from disadvantaged backgrounds later this month.” 

Full story

Bar Council press release, 2nd July 2007

Source: www.barcouncil.org.uk

Mark Stobbs: A closer look at the Bar code – Legal Week

Posted July 3rd, 2007 in barristers, professional conduct, special report by sally

“It often surprises people to learn that the Bar’s Code of Conduct only came into existence in 1981. The first edition looks very restrictive, with passages specifying acceptable alternative occupations for barristers; detailed rules about where chambers could be established; and rules setting out what was permissable to put on a business card.”

Full story

Legal Week, 28th June 2007

Source: www.legalweek.com

Transfer err – The Lawyer

Posted July 3rd, 2007 in insolvency, special report, transfer of undertakings by sally

“Far from improving matters for insolvent companies, the new Tupe rules have just muddied the waters. By Andrew Gregory.”

Full story

The Lawyer, 2nd July 2007

Source: www.thelawyer.com

Landmark takes both sides as Court of Appeal rules on CSA issue – The Lawyer

Posted July 3rd, 2007 in child support, news by sally

“Landmark Chambers found itself on both the winning and losing sides of a Court of Appeal legal tussle that resulted in a ruling that the Child Support Agency (CSA) does not owe a duty of care in how maintenance payments are assessed.”

Full story

The Lawyer, 2nd July 2007

Source: www.thelawyer.com

Solicitors’ Code of Conduct in post-makeover launch – The Lawyer

Posted July 3rd, 2007 in news, professional conduct, solicitors by sally

“The new Solicitors’ Code of Conduct was unleashed on the legal profession yesterday (1 July) after five years in the making.”

Full story

The Lawyer, 2nd July 2007

Source: www.thelawyer.com

All you need is the bare minimum – The Times

Posted July 3rd, 2007 in costs, fees, legal profession by sally

“A response to Sir Hugh Laddie’s recently published article, ‘Why does it cost so much to go to court?’ ”

Full story

The Times, 3rd July 2007

Source: www.timesonline.co.uk

Related: A legal system we can’t afford

Legal leaders welcome representatives in new PM’s cabinet – The Lawyer

Posted July 3rd, 2007 in attorney general, lord chancellor, Ministry of Justice, news by sally

“The appointments of Jack Straw as secretary of state for justice and Baroness Scotland QC as attorney general by Prime Minister Gordon Brown has been broadly welcomed by the legal profession.”

Full story

The Lawyer, 2nd July 2007

Source: www.thelawyer.com

Prosecutors accused failure in Kiyan trial – Daily Telegraph

Posted July 3rd, 2007 in juries, murder, news by sally

“A catastrophic failure by prosecutors prevented a jury in the Kiyan Prince murder trial hearing key evidence that the young footballer’s killer had allegedly threatened to stab a girl, according to a judge.”

Full story

Daily Telegraph, 3rd July 2007

Source: www.telegraph.co.uk

Lockerbie bomber granted second legal appeal – The Times

Posted July 3rd, 2007 in miscarriage of justice, murder, news, Scotland by sally

“A former Libyan intelligence officer found guilty of the 1988 Lockerbie bombing was given permission today to launch a second appeal against his conviction.”

Full story

The Times, 3rd July 2007

Source: www.timesonline.co.uk

In re S (Omission from judgment: Duty of counsel) – Times Law Reports

Posted July 2nd, 2007 in appeals, barristers, judgments, law reports by sally

Counsel’s duty on judge’s omissions

In re S (Omission from judgment: Duty of counsel)

Court of Appeal

“Counsel had a duty to point out to a judge any omissions in his judgment so that the matter could be dealt with there and then. It was not appropriate to rely on the alleged omission to seek leave to appeal.”

The Times, 2nd July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v. Tirnaveanu – Times Law Reports

Posted July 2nd, 2007 in bad character, law reports by sally

Admitting previous misconduct

Regina v. Tirnaveanu

Court of Appeal (Criminal Division)

“Evidence of misconduct by a defendant was admissible at trial if it had some nexus with the offences charged.”

The Times, 2nd July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ordre des barreaux francophones et germanophones and Others v. Conseil des Ministres (Conseil des barreaux de l’Union europeénne and Ordre des avocats du barreau de Liège, interveners) – Times Law Reports

Posted July 2nd, 2007 in EC law, law reports, legal profession, money laundering by sally

Obligation on lawyers to help combat money laundering

Ordre des barreaux francophones et germanophones and Others v. Conseil des Ministres (Conseil des barreaux de l’Union europeénne and Ordre des avocats du barreau de Liège, interveners) Case C-305/05

Court of Justice of the European Communities

“Advice and assistance given by lawyers in financial and real estate transactions that had no link with judicial proceedings were not exempt from the duty to cooperate in combating money laundering.”

The Times, 2nd July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (RJM) v. Secretary of State for Work and Pensions – WLR Daily

Posted July 2nd, 2007 in homelessness, human rights, law reports, social security by sally

R (RJM) v. Secretary of State for Work and Pensions [2007] EWCA Civ 614 

“Social security regulations, which disentitled a person without accommodation from receiving disability premium, did not discriminate against homeless persons on a ground relating to status for the purpose of art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily sumamry is removed.

R (OSS Group Ltd.) v. Environment Agency and others, Department of the Environment, Food and Rural Affairs intervening – WLR Daily

Posted July 2nd, 2007 in EC law, law reports, waste by sally

R (OSS Group Ltd.) v. Environment Agency and others, Department of the Environment, Food and Rural Affairs intervening [2007] EWCA Civ 611

“A lubricating oil which was collected after use and processed into fuel oil for burning, could as a matter of law cease to be waste before it was burnt as fuel for the purposes of Council Directive 2006/12/EC (‘the Waste Framework Directive’).”

WLR Daily, 28th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

White v. Greensand Homes Ltd. and another – WLR Daily

Posted July 2nd, 2007 in civil procedure rules, law reports, pleadings by sally

White v. Greensand Homes Ltd. and another [2007] EWCA Civ 643

“A defendant, who has made a mistaken admission that he had been the designer of a building in pre action protocol correspondence which he repeated in his defence filed in proceedings, could not withdraw the admission without the court’s permission. In considering whether to grant permission the court had to have regard to the question of any prejudice to either party arising from either the grant or refusal of such an application.”

WLR Daily, 28th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.