Small Business, Enterprise and Employment Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in employment, legislation, small businesses by sally

Small Business, Enterprise and Employment Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Local Government (Religious etc. Observances) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in legislation, local government by sally

Local Government (Religious etc. Observances) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Erol Incedal: Student to be sentenced for possessing bomb manual – BBC News

Posted April 1st, 2015 in documents, explosives, news, sentencing, terrorism by sally

‘A law student cleared of plotting a terror attack is to be sentenced for possessing a bomb-making manual.’

Full story

BBC News, 1st April 2015

Source: www.bbc.co.uk

Bupa ad banned for implying private care is better for surviving cancer – The Guardian

‘An ad for Bupa has been banned for implying that cancer patients who receive private healthcare have a higher chance of survival.’

Full story

The Guardian, 1st April 2015

Source: www.guardian.co.uk

Health and Social Care (Safety and Quality) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in health, legislation, social services by sally

Health and Social Care (Safety and Quality) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Health Service Commissioner for England (Complaint Handling) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in complaints, health, legislation by sally

Health Service Commissioner for England (Complaint Handling) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Modern Slavery Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in legislation, trafficking in human beings by sally

Modern Slavery Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Care system gets ‘biggest shake-up in 60 years’ – BBC News

‘Major changes to the care system in England are being introduced in what is being dubbed the biggest shake-up for 60 years.’

Full story

BBC News, 1st April 2015

Source: www.bbc.co.uk

Trials of journalists alleged to have paid money to public officials for private documents halted as CPS holds urgent review of its decision to prosecute – The Independent

‘The first of the eight trials involving journalists alleged to have paid money to public officials for private documents and due to take place between now and September, has been adjourned at the Old Bailey.’

Full story

The Independent, 31st March 2015

Source: www.independent.co.uk

Lord Woolf: 25 years on from Strangeways, prisons are still in crisis – The Guardian

‘Harry Woolf, the former chief justice who wrote the report on the 1991 Strangeways prison riot, says its lessons haven’t been learned.’

Full story

The Guardian, 1st April 2015

Source: www.guardian.co.uk

Criminal Justice, Advocacy and the Bar – The Bar Council

Posted March 31st, 2015 in barristers, criminal justice, news, reports by sally

‘A new report by His Honour Geoffrey Rivlin QC, chair of the Criminal Justice Reform Group, commissioned by the Bar Council, sets out key recommendations for sustaining the criminal justice system in England & Wales.’

Full story

The Bar Council, 31st March 2015

Source: www.barcouncil.org.uk

Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context – Family Law Week

Posted March 31st, 2015 in adoption, care orders, delay, EC law, foreign jurisdictions, news by sally

‘Oliver Jones, barrister of 4 Paper Buildings, and Maria Wright, solicitor of Freemans, currently seconded to the Court of Appeal, analyse a series of recent judgments in which the English courts have considered whether public law children proceedings should be in this jurisdiction or abroad.’

Full story

Family Law Week, 27th March 2015

Source: www.familylawweek.co.uk

Avoidance scheme effective despite HMRC’s attempt to rely on Ramsay – RPC Tax Take

Posted March 31st, 2015 in appeals, corporation tax, HM Revenue & Customs, news, tax avoidance, tribunals by sally

‘In Gemsupa Limited and Consolidated Property Wilmslow Limited v HMRC [2015] UKFTT 0097 (TC), the First-tier Tribunal (Tax Chamber) (“FTT”) found that an avoidance scheme designed to avoid corporation tax on chargeable gains on the disposal of properties through the use of share sales and options to create and then disband a group was effective.’

Full story

RPC Tax Take, 25th March 2015

Source: www.rpc.co.uk

Leaning towards insurable interests – Hardwicke Chambers

Posted March 31st, 2015 in insurance, negligence, news by sally

‘Where a claimant assured has no insurable interest in the subject matter of the insurance, a claim against the insurer will fail. The rationale behind this rule is to preclude the possibility of gambling by the assured. But making good a defence of lack of insurable interest is a challenge. A court is naturally reluctant to accept that no contract exists where an insurer has already accepted an insurance premium. The recent High Court decision in Western Trading Ltd illustrates this reluctance.’

Full story

Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

Regina v ABC and others; Regina v Sabey – WLR Daily

Regina v ABC and others; Regina v Sabey [2015] EWCA Crim 539; [2015] WLR (D) 146

‘In a prosecution for misconduct in public office it was necessary for the judge to make clear that the necessary conduct was not simply a breach of duty or a breach of trust and that the level was one where the conduct was calculated to injure the public interest so as to call for condemnation and punishment, the threshold of conduct being so serious that it amounted to an abuse of the public’s trust in the office holder, and being a high threshold. In relation to aiding and abetting the offence it was not necessary to establish that the office holder intended to cross the threshold: means of knowledge available to the defendant to make the necessary assessment of the seriousness of the principal’s conduct was sufficient. In relation to conspiracy to commit the offence it was not necessary that a defendant knew or intended that the misconduct concerned would meet the requisite threshold of seriousness.’

WLR Daily, 26th March 2015

Source: www.iclr.co.uk

In re International Game Technology plc and another – WLR Daily

Posted March 31st, 2015 in company law, law reports, mergers, regulations by sally

In re International Game Technology plc and another [2015] EWHC 717 (Ch); [2015] WLR (D) 148

‘The court had jurisdiction under regulation 16 of the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974) to make an order approving a cross-border merger subject to conditions and that conditionality was merely a factor for the court to take into account in exercising its discretion unless the court was satisfied that a conditional order would be futile.’

WLR Daily, 19th March 2015

Source: www.iclr.co.uk

PF (Nigeria) v Secretary of State for the Home Department – WLR Daily

PF (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 251; [2015] WLR (D) 149

‘Where a decision of the First-tier or Upper Tribunal was not unanimous and the votes of the tribunal members were equally divided, the power conferred on the presiding member of the tribunal to provide the casting vote was not to be exercised irrespective of the nature and extent of the disagreement between the tribunal members. Disagreement as to the applicable law might in general justify the exercise of the casting vote, but not disagreement on fundamental primary factual issues.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Libel and slander – Law Society’s Gazette

Posted March 31st, 2015 in defamation, legislation, news by sally

‘The Defamation Act 2013 in some respects reformed the English law on defamation. Here are example cases in which it has been applied since last January.’

Full story

Law Society’s Gazette, 30th March 2015

Source: www.lawgazette.co.uk

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd – WLR Daily

Posted March 31st, 2015 in appeals, company law, landlord & tenant, law reports, regulations by sally

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd [2015] EWCA Civ 282; [2015] WLR (D) 147

‘Pursuant to section 72 of the Commonhold and Leasehold Reform Act 2002, a right to manage company could not acquire the right to manage more than one self-contained building or part of a building.’

WLR Daily, 27th March 2015

Source: www.iclr.co.uk

Regina v Quillan and others – WLR Daily

Regina v Quillan and others [2015] EWCA Crim 538; [2015] WLR (D) 144

‘If it was likely that a judge would need to make a ruling on a question of law relating to a criminal trial, it would usually be better to order a preparatory hearing before the start of the trial rather than having to make such a ruling after the jury had been sworn and the trial commenced, when any appeal against such a ruling by the Crown would require an undertaking that the defendant was entitled to be acquitted if the appeal failed.’

WLR Daily, 25th March

Source: www.iclr.co.uk