Routier and another v Revenue and Customs Commissioners – WLR Daily

Posted October 31st, 2014 in charities, inheritance tax, Jersey, jurisdiction, law reports, trusts, wills by sally

Routier and another v Revenue and Customs Commissioners [2014] EWHC 3010 (Ch); [2014] WLR (D) 449

‘For a transfer under a will to be exempt from inheritance tax because it was to be “held on trust for charitable purposes” within the meaning of section 23(6) of the Inheritance Tax Act 1984 the relevant trust had to be subject to the jurisdiction of the United Kingdom courts.’

WLR Daily, 18th October 2014

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 31st, 2014 in legislation by sally

The Care and Support and After-care (Choice of Accommodation) Regulations 2014

The Care and Support (Preventing Needs for Care and Support) Regulations 2014

The Care and Support (Charging and Assessment of Resources) Regulations 2014

The Care and Support (Sight-impaired and Severely Sight-impaired Adults) Regulations 2014

The Climate Change Agreements (Administration) (Amendment) Regulations 2014

The Plant Health (Phytophthora kernovii Management Zone) (England) (Revocation) Order 2014

The Copyright and Rights in Performances (Certain Permitted Uses of Orphan Works) Regulations 2014

The Feed-in Tariffs (Amendment) (No. 2) Order 2014

The Local Justice Areas (No. 3) Order 2014

The Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations 2014

The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Parental Order Cases) Regulations 2014

The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) (Amendment) Regulations 2014

Source: www.legislation.gov.uk

Joanne Dennehy accomplice Gary Stretch in sentence appeal – BBC News

Posted October 31st, 2014 in accomplices, appeals, attempted murder, attempts, murder, news, sentencing by sally

‘A man jailed alongside “sadistic” triple killer Joanne Dennehy is to appeal against the length of his sentence.’

Full story

BBC News, 30th October 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 31st, 2014 in law reports by sally

Supreme Court

Moseley, R (on the application of) v London Borough of Haringey [2014] UKSC 56 (29 October 2014)

Court of Appeal (Criminal Division)

Hall & Ors, R. v [2014] EWCA Crim 2046 (07 October 2014)

Court of Appeal (Civil Division)

Vocalspruce Ltd v Revenue & Customs [2014] EWCA Civ 1302 (30 October 2014)

Belhaj & Anor v Straw & Ors [2014] EWCA Civ 1394 (30 October 2014)

Reed Elsevier UK Ltd (t/a LexisNexis) & Anor v Bewry [2014] EWCA Civ 1411 (30 October 2014)

ER, R (on the Application of) v Commissioner For Local Administration (The Local Government Ombudsman) & Anor [2014] EWCA Civ 1407 (29 October 2014)

Altomart Ltd v Salford Estates (No. 2) Ltd [2014] EWCA Civ 1408 (29 October 2014)

Badger Trust, R (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs & Anor [2014] EWCA Civ 1405 (29 October 2014)

High Court (Chancery Division)

Wearn (t/a Jonathan Wearn Productions) v HNH International Holdings Ltd [2014] EWHC 3542 (Ch) (29 October 2014)

Sirhowy Investments Ltd v Henderson & Anor [2014] EWHC 3562 (Ch) (30 October 2014)

High Court (Administrative Court)

Worcestershire County Council, R (on the application of) v Essex County Council [2014] EWHC 3557 (Admin) (29 October 2014)

Trushin v National Crime Agency [2014] EWHC 3551 (Admin) (29 October 2014)

Agardi v Penitentiary Judge of the Metropolitan Court, Budapest, Hungary [2014] EWHC 3433 (Admin) (30 October 2014)

High Court (Commercial Court)

Arcadia Group Brands Ltd & Ors v Visa Inc & Ors [2014] EWHC 3561 (Comm) (30 October 2014)

Ted Baker Plc & Anor v Axa Insurance UK Plc & Ors [2014] EWHC 3548 (Comm) (30 October 2014)

Source: www.bailii.org

Abuse inquiry: Fiona Woolf faces fresh pressure to quit – BBC News

Posted October 31st, 2014 in child abuse, complaints, inquiries, news, victims by sally

‘Victims’ groups are due to meet officials from a child sex abuse inquiry and are expected to reiterate calls for the inquiry’s head to resign.’

Full story

BBC News, 31st October 2014

Source: www.bbc.co.uk

Removal of subsidy for spare room not unlawful – UK Human Rights Blog

Posted October 31st, 2014 in benefits, children, housing, human rights, judicial review, news, residence orders by sally

‘Whether you call it the “spare room subsidy” or the “bedroom tax”, the removal of this type of housing benefit has been nothing short of controversial. There have been several previous legal challenges to the Regulations, as well as to the benefit cap introduced as part of the same package of welfare changes. The outcome of these cases was not promising for these claimants, in particular the decision of the Court of Appeal in R (MA) v Secretary of State for Work & Pensions [2014] EWCA Civ 13. Another important case is R (SG (previously JS)) v Secretary of State for Work & Pensions [2014] EWCA Civ 156.’

Full story

UK Human Rights Blog, 29th October 2014

Source: www.ukhumanrightsblog.com

Mother cleared of poisoning teenager daughter with hormones supplied by Belgian doctor says case should be landmark for parents’ rights – The Independent

Posted October 31st, 2014 in children, medical treatment, medicines, mental health, news, parental rights, poisoning by sally

‘A mother cleared of poisoning her daughter after taking desperate measures to treat a chronic condition has said that the case should be used as a landmark for other parents finding care for their children outside the NHS.’

Full story

The Independent, 30th October 2014

Source: www.independent.co.uk

Asbo for man who fakes illness – Daily Telegraph

Posted October 31st, 2014 in ASBOs, emergency services, news, wasting police time by sally

‘A man who drives lifesavers to distraction by feigning illness and lying in the street to get attention has been given an Asbo banning him from wasting the time of the emergency services.’

Full story

Daily Telegraph, 30th October 2014

Source: www.telegraph.co.uk

Panorama’s planned Mazher Mahmood exposé may face legal gag – The Guardian

Posted October 31st, 2014 in BBC, injunctions, media, news, perjury by sally

‘Will the BBC be able to screen Panorama next Monday? The programme that is scheduled to be broadcast, “The fake sheikh exposed”, is about Mazher Mahmood, the Sun on Sunday journalist who is currently under suspension by his newspaper.’

Full story

The Guardian, 30th October 2014

Source: www.guardian.co.uk

Independent review of Ofsted ‘urgently required’ – BBC News

Posted October 31st, 2014 in education, local government, news, quality assurance, teachers by sally

‘Ofsted is in urgent need of independent review in light of concerns about its objectivity and reliability, local government leaders have said.’

Full story

BBC News, 31st October 2014

Source: www.bbc.co.uk

“It’s too late baby, now it’s too late”: limitation, competition claims and knowledge – Competition Bulletin from Blackstone Chambers

Posted October 31st, 2014 in competition, limitations, news, public interest by sally

‘How much knowledge does a potential claimant need before time begins to run against a competition claim against a party alleged to have breached competition law? This was the key question addressed by Mr Justice Simon in the first case in which an English Court has had to consider the effect of s.32 of the Limitation Act 1980 (“LA”) in the context of a competition claim.’

Full story

Competition Bulletin from Blackstone Chambers, 31st October 2014

Source: www.competitionbulletin.com

“Do not dismiss ABSs,” Lord Judge tells criminal law barristers – Legal Futures

‘Lord Judge, the former Lord Chief Justice, has warned criminal law barristers that the “old-fashioned chambers structures must be reconsidered” and they must not dismiss alternative business structures (ABSs) “out of hand”.’

Full story

Legal Futures, 31st October 2014

Source: www.legalfutures.co.uk

Record number of prison deaths ‘due to cuts and overcrowding’ – The Independent

Posted October 31st, 2014 in budgets, death in custody, news, prisons, statistics, suicide by sally

‘The number of people dying in prison has risen to its highest level since records began more than 30 years ago, figures released by the Ministry of Justice show.’

Full story

The Independent, 31st October 2014

Source: www.independent.co.uk

Voluntary sector at forefront of new fight against reoffending – Ministry of Justice

Posted October 30th, 2014 in charities, contracting out, news, probation, recidivists, rehabilitation by sally

‘A major step towards completing the government’s crucial rehabilitation reforms was taken today, as the organisations that will play a key role in turning round the lives of offenders were announced.’

Full story

Ministry of Justice, 29th October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Intellectual Property Act 2014: The New Law on Opinions – NIPC Law

Posted October 30th, 2014 in intellectual property, legislation, news, patents by sally

‘As I indicated in How the Intellectual Property Act 2014 changes British Patent Law JD Supra 21 June 2014 s.16 of the Intellectual Property Act 2014 amends s.74A and s.74B of the Patents Act 1977 and inserts three new subsections into s.73. The upshot as explained in paragraph 4 and paragraph 5 of the IPO’s guide Expansion of the Patent Opinions Service: business guidance is that the range of questions upon which an examiner’s opinion can be obtained has been expanded and the Comptroller now has power to revoke patents which are found to be invalid.’

Full story

NIPC Law, 29th October 2014

Source: www.nipclaw.blogspot.co.uk

The Spywatcher – BBC Law in Action

Posted October 30th, 2014 in dispute resolution, fraud, inquiries, intelligence services, judges, marriage, news by sally

‘The Intelligence Services Commissioner, Sir Mark Waller, gives Law In Action his first broadcast interview.

Sir Mark, a retired judge, is charged with judicial oversight of, among other organisations, MI5, MI6 and GCHQ.’

Listen

BBC Law in Action,

Source: www.bbc.co.uk

Abdel Hakim Belhaj wins right to day in court over his kidnap by MI6 and CIA – The Guardian

Posted October 30th, 2014 in appeals, intelligence services, kidnapping, Libya, news, rendition, torture, trials by sally

‘A Libyan exile who was abducted in a joint MI6-CIA operation has won the right to bring his claim against the government to court.’

Full story

The Guardian, 30th October 2014

Source: www.guardian.co.uk

Dinah Rose QC: “Give MPs a constitution crash course” – The Lawyer

Posted October 30th, 2014 in barristers, constitutional law, human rights, news, parliament, rule of law, speeches by sally

‘New Members of Parliament should be given training on the constitution and the rule of law, one of the UK’s most prominent barristers has suggested.’

Full story

The Lawyer, 29th October 2014

Source: www.thelawyer.com

Principle that profiteering from illegal acts should be prevented does not apply to patent infringements, rules Supreme Court – OUT-LAW.com

Posted October 30th, 2014 in appeals, damages, injunctions, medicines, news, patents, proceeds of crime, Supreme Court by sally

‘A legal principle designed to prevent businesses from profiteering from illegal acts does not apply if that profiteering would stem from infringing patent rights, the UK Supreme Court has ruled.’

Full story

OUT-LAW.com, 30th October 2014

Source: www.out-law.com

High Court tests the limits of confidentiality in EC infringement decisions – Competition Bulletin from Blackstone Chambers

Posted October 30th, 2014 in airlines, confidentiality, disclosure, EC law, judgments, news, price fixing by sally

‘The European Commission came in for some stern criticism from the High Court this week, in a case which looks set to test the boundaries of confidentiality in EC infringement decisions: see Emerald Supplies v BA [2014] EWHC 3515 (Ch).’

Full story

Competition Bulletin from Blackstone Chambers, 30th October 2014

Source: www.competitionbulletin.com