Current Awareness – Page 2232 – Legal News selected by the Inner Temple Library

Aspinalls Club Ltd v Revenue and Customs Comrs – WLR Daily

Posted November 20th, 2013 in appeals, gambling, law reports, taxation, tribunals by sally

Aspinalls Club Ltd v Revenue and Customs Comrs 2013 EWCA Civ 1464; [2013] WLR (D) 441

“For the purposes of section 11 of the Finance Act 1997, when calculating the ‘gross gaming yield’ from gaming taking place on a gaming club’s premises, commissions and rebates paid and allowed by the gambling club to its customers under incentive schemes there were not to be taken into account as reducing the amount of ‘banker’s profits’ from dutiable gaming.”

WLR Daily, 15th November 2013

Source: www.iclr.co.uk

Regina v Fields and others – WLR Daily

Posted November 20th, 2013 in appeals, assets recovery, confiscation, conspiracy, law reports, proceeds of crime, proportionality by sally

Regina v Fields and others [2013] EWCA Crim 2042; [2013] WLR (D) 440

“In a joint benefit case, where each defendant was found to have obtained the joint benefit, he was not required by a confiscation order under the Proceeds of Crime Act 2002 to disgorge benefit he had not obtained and a confiscation order made in the amount matching the correctly assessed benefit, was not disproportionate.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

CF v Security Service and others; Mohamed v Foreign and Commonwealth Office and others – WLR Daily

Posted November 20th, 2013 in closed material, damages, detention, disclosure, government departments, intelligence services, law reports, public interest immunity by sally

CF v Security Service and others; Mohamed v Foreign and Commonwealth Office and others [2013] EWHC 3402 (QB); [2013] WLR (D) 439

“A court could make a declaration under section 6 of the Justice and Security Act 2013 permitting a closed material application to be made to the court before a public interest immunity claim had been made or determined.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

Guantanamo’s last UK inmate Shaker Aamer speaks from cell – BBC News

Posted November 20th, 2013 in Afghanistan, detention, media, news, terrorism by sally

“The last British resident being held in Guantanamo Bay has been broadcast speaking from his prison cell for the first time.”

BBC News, 19th November 2013

Source: www.bbc.co.uk

Council makes £1,500 payout after failure to tackle anti-social behaviour – Local Government Lawyer

Posted November 20th, 2013 in anti-social behaviour, compensation, complaints, housing, local government, news, ombudsmen, repossession by sally

“A city council has agreed to pay a resident £1,500 after a series of errors meant she was forced to suffer anti-social behaviour from a neighbour for more than two years.”

Local Government Lawyer, 19th November 2013

Source: www.localgovernmentlawyer.co.uk

Dying asylum seeker on hunger strike must stay in custody, says high court – The Guardian

Posted November 20th, 2013 in asylum, demonstrations, deportation, detention, immigration, news by sally

“A failed asylum seeker said to be near death following an 85-day hunger strike in protest at his detention must remain in custody, the high court ruled on Tuesday.”

The Guardian, 19th November 2013

Source: www.guardian.co.uk

Midwife ‘failed’ four-day-old baby left in cupboard – BBC News

Posted November 20th, 2013 in children, employment tribunals, midwives, news, professional conduct by sally

“A midwife who left a baby face down in a stationery cupboard was guilty of failing to provide appropriate clinical care, a tribunal has ruled.”

BBC News, 19th November 2013

Source: www.bbc.co.uk

Emma Way: Driver in #bloodycyclists Twitter storm convicted after knocking cyclist off bike – The Independent

Posted November 20th, 2013 in accidents, bicycles, driving without due care & attention, fines, internet, news, road safety, road traffic offences, sentencing by sally

“A 22-year-old woman who posted about ‘bloody cyclists’ on Twitter hours after knocking a cyclist off his bike has been convicted of failing to stop and failing to report an accident, but cleared of driving without due care and attention at Norfolk Magistrates Court today.”

The Independent, 19th November 2013

Source: www.independent.co.uk

TV gambling ads have risen 600% since law change – The Guardian

Posted November 20th, 2013 in advertising, gambling, news, statistics by sally

“The number of gambling commercials on British TV has rocketed from 234,000 a year to nearly 1.4m annually since the deregulation of the sector six years ago, according to new research.”

The Guardian, 19th November 2013

Source: www.guardian.co.uk

Inheritance Act Claims – Delay at your Peril – Zenith Chambers

Posted November 19th, 2013 in appeals, delay, divorce, news, time limits, wills by sally

“Nicola Phillipson, Zenith Chambers, examines the case of Berger v Berger where the Court of Appeal refused permission to the appellant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 almost six years out of time.”

Zenith Chambers, 5th November 2013

Source: www.zenithchambers.co.uk

Boys will be boys…. But you can’t sue the school for it by Elliot Kay – Zenith Chambers

Posted November 19th, 2013 in appeals, children, education, news, personal injuries, school children by sally

“On 9th June 2010, Lewis Pierce, a 9 year old schoolboy at the time, was playing with his younger brother George in their school playground. There was a metal water fountain fixed to the external wall of the school which could be accessed from the playground. In the course of play George sprayed his elder brother with water from the fountain, causing Lewis to swing a punch at George. George was able to evade the punch but as a result Lewis connected with the water fountain, causing lacerations to his right thumb and damage to his tendons. Lewis made a good recovery from the injuries sustained.”

Zenith Chambers, 28th October 2013

Source: www.zenithchambers.co.uk

Dress Codes And Discrimination Claims – No. 5 Chambers

Posted November 19th, 2013 in employment, freedom of expression, health & safety, news, race discrimination, religious discrimination, sex discrimination, women by sally

“Dress codes in the workplace are not uncommon. Most Employers have a certain standard of dress in the workplace, whether enforced through contractual terms or through customary practices. More recently, we have seen informal advice given by senior solicitors to new female recruits at Berwin Leighton. The advice was addressed specifically at women.”

No. 5 Chambers, 7th November 2013

Source: www.no5.com

Student litigation – Choosing the right words – Hardwicke Chambers

Posted November 19th, 2013 in abuse of process, damages, disability discrimination, dyslexia, news, special educational needs, striking out, universities by sally

“The case of Mr John Scarborough v Canterbury Christ Church University (Scarborough) which was recently decided carries potentially significant implications in terms of bringing a case that may fall under separate heads of action.This article discusses this decision and its practical effect on future litigation.”

Hardwicke Chambers, 7th November 2013

Source: www.hardwicke.co.uk

Garden Leave and Gandhi – Littleton Chambers

Posted November 19th, 2013 in constructive dismissal, contract of employment, employment, injunctions, news by sally

“One of the mysteries of garden leave is why this area of jurisprudence exists at all. At least from the perspective of this self-employed, occasionally indolent barrister – for whom paid holidays are an unrealisable dream – the prospect of being paid (often a substantial salary) for months on end to do nothing sounds too good to be true. What’s not to like?”

Littleton Chambers, 11th November 2013

Source: www.littletonchambers.com

Breaking bad – Hardwicke Chambers

Posted November 19th, 2013 in defences, landlord & tenant, leases, news by sally

“The serving of a bad or defective notice has produced a wealth of litigation over the years. The fact that no-one has been misled, confused or in any way disadvantaged has never deterred those who want to take the point, particularly where the stakes are high. And, they are usually not higher where commercial leases are concerned and the tenant wants to break the lease. Where there may be grotesquely disproportionate and serious consequences for the party (or its adviser) who gets it wrong, a range of different responses has evolved in order for the courts to produce a more just outcome.”

Hardwicke Chambers, 4th November 2013

Source: www.hardwicke.co.uk

Restrictive covenants in employment contracts – A generous decision from the Court of Appeal? – Hardwicke Chambers

Posted November 19th, 2013 in appeals, contract of employment, news, restrictive covenants, witnesses by sally

“The Court of Appeal’s decision (11 October 2013) in Coppage v Safety Net Security to uphold as reasonable and enforceable a 6 month non-solicitation restrictive covenant is surprising because of the fact that the covenant covered all customers during the period of Mr Coppage’s employment. In modern times the general advice had been that such covenants should be restricted to those who had been customers in a fixed period prior to termination (‘look back’ requirement) and to be confined to those with whom the employee had had personal dealings.”

Hardwicke Chambers, 21st October 2013

Source: www.hardwicke.co.uk

«
1
…
2,227
2,228
2,229
2,230
2,231
2,232
2,233
2,234
2,235
2,236
2,237
…
3,878
»

Archives