“One of the difficulties encountered when advising clients as to the merits of their claim that they have been mis-sold an Interest Rate Hedging Product (IRHP), usually an Interest Rate Swap, is the paucity of decided case law concerning the sale of such products.”
No. 5 Chambers, 21st October 2013
Source: www.no5.com
“On 23 October 2013, the Supreme Court gave judgment in Szepietowski v. the National Crime Agency (formerly the Serious Organised Crime Agency, ‘SOCA’). The case is now the leading authority on the marshalling of securities and will be of interest to those advising banks and other businesses involved in secured lending. The case, however, will also be of general interest in light of the Court’s consideration of the principles applicable to the construction of settlement agreements which involved the Court distinguishing the decision of the House of Lords in Bank of Credit and Commerce International v. Ali [2002] 1 AC 251.”
Full story (PDF)
11 Stone Buildings, 23rd October 2013
Source: www.11sb.com
“Dominic Regan serves up a survival guide.”
New Law Journal, 29th October 2013
Source: www.newlawjournal.co.uk
“Joshua Rozenberg investigates claims that too many students are training to be lawyers in a time when jobs in the legal profession are scarce.”
BBC Law in Action, 29th October 2013
Source: www.bbc.co.uk
Prudential Assurance Co Ltd v Revenue and Customs Comrs [2013] EWHC 3249 (Ch); [2013] WLR (D) 411
“It was within the scope of conforming interpretation to construe section 790 of the Income and Corporation Taxes Act 1988 as providing for the grant of a tax credit for foreign dividends to the extent necessary to secure compliance with European Union (‘EU’) law.”
WLR Daily, 24th October 2013
Source: www.iclr.co.uk
“The prohibition on an officer of a company in administration exercising a management power absent the consent of the administrators contained in paragraph 64 of Schedule B1 to the Insolvency Act 1986, as inserted, did not deprive the directors of a company of the authority to cause the company to challenge the validity of the appointment of the administrators, nor was the exercise of such authority dependent upon the provision by the directors of an indemnity for costs.”
WLR Daily, 25th October 2013
Source: www.iclr.co.uk
National Crime Agency v Szepietowski and another [2013] UKSC 65; [2013] WLR (D) 408
“The equitable remedy of marshalling was not available where the security held by the second chargee did not secure an underlying personal debt of his to the chargor. Therefore the National Crime Agency, having agreed to take a second mortgage over a property in settlement of its claim that it had been purchased by its owner with the proceeds of crime, could not, when the sale of the property only realised sufficient funds to pay off the debt secured under a first mortgage to a bank, require the bank to enforce its security against another property mortgaged by the owner to that bank.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
“There was no presumption that the eligibility guidelines issued by the UNHCR in relation to Iraq should be followed unless there were cogent reasons for not doing so.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
Court of Appeal (Criminal Division)
Arthur v R [2013] EWCA Crim 1852 (29 October 2013)
Court of Appeal (Civil Division)
Chilukuri & Anor v RP Explorer Master Fund [2013] EWCA Civ 1307 (29 October 2013)
Berger v Berger [2013] EWCA Civ 1305 (29 October 2013)
High Court (Chancery Division)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Finesse Group Ltd v Bryson Products (A Firm) [2013] EWHC 3273 (TCC) (29 October 2013)
Source: www.bailii.org
“A 74-year-old man suffering from dementia who brutally beat his wife to death with a walking stick in a row over the heating has been jailed.”
BBC News, 29th October 2013
Source: www.bbc.co.uk
“A bitter dispute between Sainsbury’s and Tesco is set to hit the courts after the UK’s second biggest supermarket said it would seek a judicial review into the advertising watchdog’s decision not to uphold a complaint against their bigger rival.”
The Independent, 30th October 2013
Source: www.independent.co.uk
“The former leader of Kingston Borough Council has been jailed for two years for downloading nearly 2,850 images and 293 movies showing child abuse.”
BBC News, 29th October 2013
Source: www.bbc.co.uk
“The health secretary suffered another embarrassing legal defeat on Tuesday when appeal court judges ruled he had acted illegally in cutting A&E and maternity services at Lewisham hospital in south-east London.”
The Guardian, 29th October 2013
Source: www.guardian.co.uk
“The law has a neutral view of religious belief, the president of the Family Division said today, stressing the secular nature of the judges’ job.”
Law Society’s Gazette, 29th October 2013
Source: www.lawgazette.co.uk
“The Royal Charter on press regulation is expected to be approved later. What are the major questions that have defined the debate?”
BBC News, 30th October 2013
Source: www.bbc.co.uk
“Owners of dogs involved in a fatal attack face up to 14 years in prison under government plans published on Tuesday. The proposals, announced by the environment secretary, Owen Paterson, would also introduce a maximum jail term of five years for owners if a person is injured by their dog.”
The Guardian, 29th October 2013
Source: www.guardian.co.uk
“New rules will stop undercover officers having intimate relationships with people they are investigating, following concern over series of cases.”
Daily Telegraph, 29th October 2013
Source: www.telegraph.co.uk
“The jury that will decide the guilt or innocence of Rebekah Brooks, Andy Coulson and six other defendants was sworn in at the Old Bailey with a warning from the judge that ‘British justice is on trial’.”
The Independent, 30th October 2013
Source: www.independent.co.uk
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