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 sally

‘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 sally

‘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

Rank Group plc v Revenue and Customs Comrs – WLR Daily

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

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

Mathieson v Secretary of State for Work and Pensions – WLR Daily

Mathieson v Secretary of State for Work and Pensions: [2015] UKSC 47; [2015] WLR (D) 296

‘The Secretary of State for Work and Pensions violated the Convention rights of a severely disabled child when he suspended payment to him of disability living allowance once he had been an in-patient in an NHS hospital for more than 84 weeks.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’

Full story

OUT-LAW.com, 9th July 2015

Source: www.out-law.com

Supreme Court overturns key Court of Appeal decision on ordinary residence – Local Government Lawyer

‘The Supreme Court has rejected a Court of Appeal ruling on who has financial responsibility for the care of an adult with physical and learning disabilities, instead ruling that the local authority initially responsible for meeting his needs as a child should be responsible for his care after the age of 18.’

Full story

Local Government Lawyer, 9th July 2015

Source: www.localgovernmentlawyer.co.uk

Judge was wrong to accuse solicitors of exaggerating bill, Court of Appeal rules – Litigation Futures

‘The High Court was wrong to strike out a claim over unpaid fees brought by a firm of solicitors on the basis of alleged exaggeration and inaccurate sums, without hearing any witnesses, the Court of Appeal has ruled.’

Full story

Litigation Futures, 9th July 2015

Source: www.litigationfutures.com

Jackson issues costs penalty for bundle that proved an “obstacle course” – Litigation Futures

Posted July 10th, 2015 in appeals, civil procedure rules, construction industry, costs, judges, news by sally

‘The bundle prepared for the Court of Appeal should be an aid, “not an obstacle course”, Lord Justice Jackson has said in ruling that no party in a case before him would be entitled to recover the costs of preparing it.’

Full story

Litigation Futures, 10the July 2015

Source: www.litigationfutures.com

Do Young Thugs have Human Rights? The Supreme Court has a Riot – Panopticon

‘Following a period of considered reflection, or laziness depending on one’s view, it is worth noting the decision of the Supreme Court in In the matter of an application by JR38 for Judicial Review [2015] UKSC 42. The case is all about Article 8 ECHR, and is of particular interest because of the dispute about the breadth of the correct test for the engagement of Article 8. The context is also one which will be familiar to English data protection and privacy lawyers: the publication by the police of photographs seeking to identify a suspect. If anyone remembers that famous picture of a youth in a hoodie pointing his fingers like a gun behind an awkward looking David Cameron, JR38 is basically that, but with Molotov cocktails and a sprinkling of sectarian hatred.’

Full story

Panopticon, 9th July 2015

Source: www.panopticonblog.com

Ex-News of the World royal reporter’s conviction over prince leaks quashed – The Guardian

‘A former News of the World royal reporter who was found guilty of getting scoops from one of Prince Harry’s army colleagues has had his conviction quashed.’

Full story

The Guardian, 8th July 2015

Source: www.guardian.co.uk

Kevin Lane loses appeal against conviction for 1994 murder of car dealer – The Guardian

Posted July 9th, 2015 in appeals, murder, news by sally

‘A man who spent two decades locked up for a murder he insists he did not commit has lost an appeal against his conviction.’

Full story

The Guardian, 8th July 2015

Source: www.guardian.co.uk

Met loses appeal over Guardian journalist hit by police car – The Guardian

Posted July 9th, 2015 in appeals, London, negligence, news, personal injuries, police by sally

‘Judges have cleared the way for the former Guardian journalist Donald MacLeod to claim damages from the Metropolitan police after he was left with brain injuries when he was hit by a police car answering an emergency call while he was cycling home.’

Full story

The Guardian, 8th July 2015

Source: www.guardian.co.uk

Jailed barrister Constance Briscoe loses appeal over conviction – The Guardian

Posted July 9th, 2015 in appeals, barristers, evidence, news, perverting the course of justice by sally

‘One of Britain’s first black female judges, who was jailed for lying to police investigating the Chris Huhne speeding points scandal, has lost an appeal against her conviction.’

Full story

The Guardian, 8th July 2015

Source: www.guardian.co.uk

UK court rejects Afghan interpreters’ discrimination claims – The Guardian

Posted July 9th, 2015 in appeals, armed forces, employment, interpreters, news, race discrimination by sally

‘Former local interpreters who risked their lives working for the British military in Afghanistan have lost their high court challenge to a government assistance scheme they say unlawfully discriminates against them.’

Full story

The Guardian, 8th July 2015

Source: www.guardian.co.uk

High Court dismisses challenge to refusal for 320-home greenfield scheme – OUT-LAW.com

Posted July 7th, 2015 in appeals, construction industry, news, planning by sally

‘The High Court has found that a planning inspector did not make errors of law in his decision to dismiss an appeal that would have permitted a 320-home development on a greenfield site to the south of Stafford.’
Full story

OUT-LAW.com, 7th July 2015

Source: www.out-law.com

The “Black Cab Rapist” – Court of Appeal rules on Article 3 investigative duty – UK Human Rights Blog

Posted July 7th, 2015 in appeals, human rights, London, news, police, victims by sally

‘The Court of Appeal has ruled that the police have a positive duty under Article 3 ECHR to conduct investigations into alleged ill-treatment by private individuals. There is a sliding scale from deliberate torture by State officials to the consequences of negligence by non-State agents. The margin of appreciation enjoyed by the State in terms of complying with the Article 3 procedural duty widens at the bottom of the scale but narrows at the top.’

Full story

UK Human Rights Blog, 6th July 2015

Source: www.ukhumanrightsblog.com

Redditch man sees sentence doubled to 20 years’ imprisonment for multiple rapes – Attorney General’s Office

Posted July 3rd, 2015 in appeals, press releases, rape, sentencing by sally

‘Appeal Court increases the 10 year rape sentence of John Dennis to 20 years after ruling the original sentence unduly lenient.’

Full press release

Attorney General’s Office, 1st July 2015

Source: www.gov.uk/ago

Secret prosecution of terrorism suspect raises ‘difficult constitutional issues’ – The Guardian

‘The decisions that led to a terrorism suspect being prosecuted in conditions of almost unprecedented secrecy raise “really difficult constitutional issues” about the independence of prosecutors from government, the head of the judiciary in England and Wales warned on Wednesday.’

Full story

The Guardian, 1st July 2015

Source: www.guardian.co.uk

Government should address core Libya rendition allegations, judge rules – The Guardian

‘The government should address the core allegations of 12 claimants who say they were kidnapped, tortured, subject to control orders or tricked into travelling to Libya where they were detained or mistreated, a high court judge has said.’

Full story

The Guardian, 1st July 2015

Source: www.guardian.co.uk