news – Page 2183 – Current Awareness

The Localism Act and Non-domestic Rating – No. 5 Chambers

Posted February 15th, 2012 in news, rates, small businesses by sally

“The entirety of Part 4 of the Localism Act is devoted to non-domestic rating but the changes introduced seem to have a much lower profile than some of the other ‘Localism’ provisions. Whilst there are some small but important changes, the rating reforms introduced could by no means be described as radical. Importantly,
contrary to what some may have expected, the Act does not include any provisions designed to defeat the now well known schemes that are being used to avoid liability for the 100% unoccupied property rate. It is nevertheless necessary for local authorities, ratepayers and advisers to be aware of the changes that have been made. So, what does the Act do?”

Full story (PDF)

No. 5 Chambers, 8th February 2012

Source: www.no5.com

The Prosperous UK Emigrant: how clear are the residence/non-residence rules now? – New Square Chambers

Posted February 15th, 2012 in domicile, immigration, news by sally

“In advising the emigrant, the emphasis should be on his actual and substantive acts and way of
life. Too often, the issues addressed, in considering the conditions or circumstances required for residence in the United Kingdom, or the loss of it, and non residence, are tied to patent technicalities (i.e. whether the emigrant maintains subscription to a club or counts the days of absence to a threshold number(i.e. 90 days p.a.). What, in fact, really matters is the substance and pattern of life. In this assessment, the approach of the Court, in cases past to the most recent is the best guide. In this lecture I look at that and tie it to the government’s proposals for reform and the imposition of a statutory test or tests for determining residence, by individuals, or their non-residence in the United Kingdom.”

Full story (PDF)

New Square Chambers, February 2012

Source: www.newsquarechambers.co.uk

Costs, Expenses and Provable Debts – Hardwicke Chambers

Posted February 15th, 2012 in administrators, costs, debts, expenses, insolvency, news by sally

“October last year saw the decision of the Court of Appeal in litigation arising from the administrations of Nortel and Lehman Brothers (Re Nortel GMBH [2011] EWCA Civ 1124). The case concerned the treatment of contribution notices from the Pensions Regulator by the administrators. However, for those who ventured beyond mention of the Pensions Regulator, the decision contains a useful review of the law pertaining to whether liabilities fall as provable debts or expenses of the insolvency process.”

Hardwicke Chambers, 8th February 2012

Source: www.hardwicke.co.uk

Drug mule jailed for double murder – The Guardian

Posted February 15th, 2012 in drug offences, gangs, murder, news, sentencing by sally

“A former cage fighter has been jailed for life for killing two gangland enforcers linked to an IRA drugs ring.”

The Guardian, 14th February 2012

Source: www.guardian.co.uk

Supreme Court rules BBC need not reveal internal Israel-Palestine coverage report – UK Human Rights Blog

Posted February 15th, 2012 in BBC, freedom of information, Israel, media, news by sally

“The Supreme Court has ruled unanimously that an internal BBC report into its coverage of the Israeli Palestinian conflict was ‘information held for purposes journalism art or literature’ and therefore need not be released to the public under the Freedom of Information Act (FOIA).”

UK Human Rights Blog, 15th February 2012

Source: www.ukhumanrightsblog.com

Woman who battled cancer must fight law to return ovary – Daily Telegraph

Posted February 15th, 2012 in assisted reproduction, cancer, EC law, human tissue, news by sally

“A woman left infertile by teenage cancer is having to battle the law to get doctors to give her back the ovary that she had frozen before chemotherapy.”

Daily Telegraph, 15th February 2012

Source: www.telegraph.co.uk

Stronger CPS cases in hate crime lead to increase in guilty pleas – Crown Prosecution Service

Posted February 15th, 2012 in Crown Prosecution Service, guilty pleas, hate crime, inciting hatred on grounds of sexual orientation, inciting racial hatred, inciting religious hatred, news, religiously aggravated offences by sally

“The CPS is prosecuting more hate crimes, more successfully and with more defendants pleading guilty than ever before.”

Crown Prosecution Service, 14th February 2012

Source: www.cps.gov.uk

Youth custody is failing young people who want to change their ways – The Guardian

Posted February 15th, 2012 in news, prisons, recidivists, rehabilitation, young offenders by sally

“Dismal reoffending rates prove that incarcerated children who want to live a ‘normal’ life aren’t being given the support to do so.”

The Guardian, 14th February 2012

Source: www.guardian.co.uk

Canoe man prosecutors recover £500,000 from wife – The Guardian

Posted February 15th, 2012 in assets recovery, Crown Prosecution Service, fraud, insurance, news by sally

“Prosecutors have recovered more than half a million pounds in assets from Anne Darwin, whose husband faked his own death in a sea canoeing accident so they could claim more than £600,000 in life insurance money.”

The Guardian, 14th February 2012

Source: www.guardian.co.uk

Bar Council and Law Society Launch Russo-British Lawyer Exchange Programme – The Bar Council

Posted February 15th, 2012 in barristers, legal education, news, professional conduct, Russia, solicitors by sally

“The Bar Council, which represents barristers in England and Wales, and the Law Society, which represents solicitors in England and Wales, will today launch the inaugural Russo-British lawyer exchange programme at a reception held at the Law Society offices.”

The Bar Council, 14th February 2012

Source: www.barcouncil.org.uk

Ryanair ‘sexist adverts’ banned after complaints – BBC News

Posted February 15th, 2012 in advertising, complaints, news, ombudsmen by sally

“Two UK newspaper adverts for budget airline Ryanair have been banned after complaints from readers that they were sexist and objectified women.”

BBC News, 15th February 2012

Source: www.bbc.co.uk

Legal highs evade being banned as scientists run out of cash to test them – The Guardian

Posted February 15th, 2012 in budgets, drug offences, news by sally

“Scientists studying Britain’s rapidly increasing number of synthetic recreational drugs are struggling to assess the risks they pose because money for testing is being cut. Legal highs are flourishing as their manufacturers seek to stay ahead of drug classification laws by tweaking the chemical composition of their legal products to replicate the effects of illegal ones.”

The Guardian, 14th February 2012

Source: www.guardian.co.uk

Child rapist’s jail term cut to encourage guilty pleas – Daily Telegraph

Posted February 15th, 2012 in appeals, child abuse, guilty pleas, indecent photographs of children, news, rape, sentencing by sally

“A judge has cut the minimum sentence to be served by a child rapist, Paul Wilson, in order to encourage other offenders to plead guilty and spare their victims the ordeal of a court case.”

Daily Telegraph, 15th February 2012

Source: www.telegraph.co.uk

Stephen Lawrence: papers passed to CPS about potential perjury allegations – The Guardian

Posted February 15th, 2012 in Crown Prosecution Service, evidence, inquiries, murder, news, perjury, police, racism, witnesses by sally

“Detectives and prosecutors are examining whether certain witnesses at the Stephen Lawrence murder trial may have perjured themselves while giving evidence, the Crown Prosecution Service has confirmed.”

The Guardian, 14th February 2012

Source: www.guardian.co.uk

Payout of £600,000 after child witness put at risk – BBC News

Posted February 15th, 2012 in anonymity, children, Crown Prosecution Service, damages, gangs, news, police, witnesses by sally

“The Crown Prosecution Service and Met Police paid a family more than £600,000 ($943,000) in damages and costs after a child witness was identified to a gang.”

BBC News, 15th February 2012

Source: www.bbc.co.uk

Lord Justice Moses and the 161 criteria – The Guardian

Posted February 15th, 2012 in advocacy, diversity, equality, judiciary, news, quality assurance by sally

“Judges know the new ratings scheme for advocates is misconceived and over-elaborate. But they don’t want anyone else doing it.”

The Guardian, 14th February 2012

Source: www.guardian.co.uk

Sound of tumbleweed greets secret civil trials proposals – UK Human Rights Blog

Posted February 14th, 2012 in consultations, news, private hearings by sally

“65 responses to the Justice and Security Green Paper consultation, which proposes introducing ‘Closed Material Procedures’ – secret trials – into civil courts, have been published on the official consultation website. According to the site there are potentially 25 more to come.”

UK Human Rights Blog, 14th February 2012

Source: www.ukhumanrightsblog.com

Women should get time out of jail to see their children, judge rules – Daily Telegraph

Posted February 14th, 2012 in detention, human rights, news, parental rights, release on licence, women by sally

“Female prisoners should be allowed time out of jail to see their children, the High Court ruled yesterday after dismissing Kenneth Clarke’s attempts to restrict women from doing so.”

Daily Telegraph, 14th February 2012

Source: www.telegraph.co.uk

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