Marks & Spencer plc v Revenue and Customs Commissioners (No 2) – WLR Daily

Posted February 28th, 2014 in corporation tax, EC law, insolvency, law reports, subsidiary companies by sally

Marks & Spencer plc v Revenue and Customs Commissioners (No 2) [2014] UKSC 11; [2014] WLR (D) 90

‘A company was entitled to make successive claims to cross-border group relief against corporation tax in relation to the same loss incurred in the same accounting period by a European subsidiary which had gone into liquidation and then to withdraw any earlier claims in respect of the same surrendered loss which did not meet the subsequent judicially determined test, subject to the claim ultimately relied upon not being statute-barred.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Not in the Public Interest – London Review of Books

Posted February 28th, 2014 in judicial review, locus standi, news, public interest by sally

‘Stephen Sedley on the purpose of judicial review.’

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London Review of Books, 28th February 2014

Source: www.lrb.co.uk

Samuel Etherington jailed for killing Gosport teenagers – BBC News

Posted February 28th, 2014 in dangerous driving, homicide, news, sentencing by sally

‘A “boy racer” has been jailed for nine years after admitting causing the deaths of two girls whom he hit with his car.’

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BBC News, 27th February 2014

Source: www.bbc.co.uk

DPP defends failed prosecutions of celebrities over historic sex claims – The Guardian

Posted February 28th, 2014 in news, prosecutions, sexual offences by sally

‘The failed prosecutions of celebrities over allegations of historic sex offences were not prompted by a knee-jerk decision to overcompensate for mistakes made in relation to Jimmy Savile, the UK’s chief prosecutor has said.’

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The Guardian, 27th February 2014

Source: www.guardian.co.uk

Supreme Court to hear landmark Hemming case on licensing fees – Local Government Lawyer

Posted February 28th, 2014 in fees, licensing, local government, news, sex establishments, Supreme Court by sally

‘Westminster City Council has been given permission to take to the Supreme Court the landmark Hemming case concerning the setting of licensing and regulatory fees.’

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Local Government Lawyer, 28th February 2014

Source: www.localgovernmentlawyer.co.uk

Azelle Rodney shooting: police marksman loses high court challenge – The Guardian

Posted February 28th, 2014 in firearms, inquiries, judicial review, news, police, unlawful killing by sally

‘A police marksman has lost his high court bid to challenge a public inquiry finding that he used excessive force when he killed robbery suspect Azelle Rodney.’

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The Guardian, 27th February 2014

Source: www.guardian.co.uk

Privilege and reporting the contents of documents read by the court – Legal Week

Posted February 28th, 2014 in defamation, documents, law reports, news, privilege by sally

‘The fair and accurate reporting of court proceedings has long been protected from libel action by the defence of privilege. Contemporaneous fair and accurate reports of court proceedings in public are now protected by absolute privilege and other fair and accurate reports by qualified privilege. In the former case no libel action can be brought, in the latter an action will only succeed if malice is proved.’

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Legal Week, 27th February 2014

Source: www.legalweek.com

Taxi sex attacks: John Worboys’ victims win payout bid – BBC News

Posted February 28th, 2014 in compensation, human rights, news, police, rape, sexual offences by sally

‘Two women who were sexually assaulted by London taxi driver John Worboys have won a High Court victory in their bid to get compensation from the police.’

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BBC News, 28th February 2014

Source: www.bbc.co.uk

Recent rulings show “sensible and pragmatic” approach to costs sanctions emerging, says expert – OUT-LAW.com

Posted February 28th, 2014 in budgets, case management, costs, news by sally

‘A recent run of High Court rulings shows that a “sensible and pragmatic” approach to the circumstances in which relief from sanctions for breaches of the civil court costs rules will be granted is gradually beginning to emerge, an expert has said.’

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OUT-LAW.com, 25th February 2014

Source: www.out-law.com

Fears for legal aid justice as lawyer admits ‘I can’t afford my own wig’ – The Guardian

Posted February 28th, 2014 in budgets, criminal justice, fees, legal aid, news, remuneration, solicitor advocates by sally

‘Solicitor advocate Caitriona McLaughlin fears government cuts will deter firms from taking loss-making magistrates court cases.’

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The Guardian, 27th February 2014

Source: www.guardian.co.uk

Barend Delport: Sex assault GP struck off register – BBC News

Posted February 28th, 2014 in disciplinary procedures, doctors, news, professional conduct, sexual offences by sally

‘A GP who took intimate pictures of women and children who were his patients has been struck off the medical register.’

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BBC News, 27th February 2014

Source: www.bbc.co.uk

How not to get a pre-inquest review wrong – UK Human Rights Blog

Posted February 28th, 2014 in coroners, expert witnesses, inquests, medicines, news by sally

‘This is the sad tale of a young woman aged 31 dying in mysterious circumstances where the inquest went off entirely on the wrong footing. Joanne Foreman was not a diabetic but lived with a young boy who was. It was suspected that on the night before she died she had drunk heavily and then injected herself with insulin. The inquest proceeded on this basis. Nobody told the expert that the paramedics had taken a blood glucose from Joanne, which was entirely normal. Once this was known, it was obvious that the court would quash the findings at inquest and order a new inquest.’

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UK Human Rights Blog, 25th February 2014

Source: www.ukhumanrightsblog.com

Alan Greaves murder: Jonathan Bowling loses sentence appeal – BBC News

Posted February 28th, 2014 in appeals, murder, news, sentencing by sally

‘A man who killed an organist who was walking to church has lost an appeal against his minimum 25-year tariff.’

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BBC News, 27th February 2014

Source: www.bbc.co.uk

Child neglect law – unnecessary tinkering, unintended consequences – Halsbury’s Law Exchange

Posted February 28th, 2014 in bills, child neglect, children, news by sally

‘The Child Maltreatment Bill has barely progressed towards the statute book – and perhaps with good reason.’

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Halsbury’s Law Exchange, 27th February 2014

Source: www.halsburyslawexchange.co.uk

Cameron orders judicial review into IRA immunity letters – The Guardian

Posted February 28th, 2014 in immunity, judicial review, news, Northern Ireland, terrorism by sally

‘David Cameron has ordered a review into secret police letters promising immunity to Northern Ireland terrorist suspects, but said he does not want to unpick parts of the 1998 peace deal that introduced the scheme.’

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The Guardian, 27th February 2014

Source: www.guardian.co.uk

Lawful noise from speedway track could still be a nuisance to homeowners, Supreme Court rules – OUT-LAW.com

Posted February 28th, 2014 in injunctions, news, noise, nuisance, sport by sally

‘A Suffolk couple who were unaware that they had purchased a house near a speedway stadium were entitled to obtain an injunction against the noise from the site, regardless of the fact that the stadium had been operating for years before they moved in, the Supreme Court has ruled.’

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OUT-LAW.com, 27th February 2014

Source: www.out-law.com

Proposed wilful neglect law may see up to 240 health prosecutions a year – The Guardian

Posted February 28th, 2014 in consultations, hospitals, news, prosecutions, wilful neglect by sally

‘Up to 240 prosecutions a year alleging wilful neglect or ill-treatment of patients could take place under a new criminal offence to be introduced in England following the Mid Staffordshire hospital scandal, the government says.’

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The Guardian, 27th February 2014

Source: www.guardian.co.uk

Criminal legal aid fee cuts for lawyers confirmed by justice secretary – The Guardian

Posted February 28th, 2014 in barristers, criminal justice, fees, legal aid, news, solicitors by sally

‘Cuts in criminal legal aid fees of 17.5% on average for solicitors and 6% for barristers have been confirmed by the justice secretary, Chris Grayling.’

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The Guardian, 27th February 2014

Source: www.guardian.co.uk

High-stakes gaming machines: Gamblers to set limits – BBC News

Posted February 28th, 2014 in gambling, local government, news by sally

‘Gamblers in England and Wales will be able to set their own limits on time and money spent on high-stakes gaming machines in betting shops.’

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BBC News, 28th February 2014

Source: www.bbc.co.uk

Ombudsman report into Joshua Titcombe death finds pain was inflicted by ‘inappropriate emails’ – The Independent

Posted February 28th, 2014 in birth, complaints, electronic mail, hospitals, midwives, news, ombudsmen by sally

‘“Inappropriate” emails sent by staff at an NHS trust caused offence and distress to a family who had already lost their baby because of avoidable lapses in his care, the health service ombudsman has said.’

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The Independent, 27th February 2014

Source: www.independent.co.uk