Tax general anti-abuse rule now in force as Finance Act receives Royal Assent – OUT-LAW.com

Posted July 19th, 2013 in financial regulation, news, tax avoidance by sally

“The new general anti-abuse rule (GAAR) is now in force, preventing artificial and abusive tax avoidance schemes that fail to pass a ‘double reasonableness’ test.”

Full story

OUT-LAW.com, 18th July 2013

Source: www.out-law.com

Francis inquiry into Stafford Hospital cost government £6m – BBC News

Posted July 19th, 2013 in costs, hospitals, inquiries, news by sally

“The government spent £6m on submitting evidence to the Francis inquiry into Stafford Hospital failings, Health Secretary Jeremy Hunt has revealed.”

Full story

BBC News, 18th July 2013

Source: www.bbc.co.uk

Chris Huhne loses complaint against five newspapers over prison photos – The Guardian

Posted July 19th, 2013 in complaints, media, news, photography, privacy, public interest by sally

“The Press Complaints Commission has dismissed complaints from Liberal Democrat MP Chris Huhne and his partner Carina Trimingham levelled against five national newspapers over photographs of the pair at Leyhill prison.”

Full story

The Guardian, 18th July 2013

Source: www.guardian.co.uk

Man facing prosecution for ‘tombstoning’ – Daily Telegraph

Posted July 19th, 2013 in byelaws, fines, health & safety, news, prosecutions by sally

“The first prosecution for ‘tombstoning’ could be brought against a man accused of jumping from a 30ft bridge.”

Full story

Daily Telegraph, 18th July 2013

Source: www.telegraph.co.uk

Press regulation: Ipso would have ‘no independence from industry’ – The Guardian

Posted July 19th, 2013 in complaints, fines, media, news by sally

“The new press watchdog proposed by the country’s largest newspaper and magazine publishers has “a profound lack of any functional or meaningful independence from the industry”, a trust associated with Hacked Off claims.”

Full story

The Guardian, 18th July 2013

Source: www.guardian.co.uk

Inquiry launched after man is jailed for triple murder in house fire – The Guardian

“An inquiry has been launched into the contact the authorities had with a vulnerable family after a violent alcoholic man was jailed for at least 30 years for murdering his baby daughter, his girlfriend and her mother.”

Full story

The Guardian, 18th July 2013

Source: www.guardian.co.uk

Alan Greaves killing: Ashley Foster guilty of manslaughter – BBC News

Posted July 19th, 2013 in homicide, murder, news by sally

“A 22-year-old man has been found guilty of the manslaughter of organist Alan Greaves on Christmas Eve in Sheffield.”

Full story

BBC News, 18th July 2013

Source: www.bbc.co.uk

Most porn-on-demand services are beyond UK regulation, warns watchdog – The Independent

Posted July 19th, 2013 in foreign companies, internet, media, news, pornography, reports by sally

“Most porn on demand services available to British internet users are operated from outside the UK putting them beyond UK regulation, a regulator has warned.”

Full story

The Independent, 19th July 2013

Source: www.independent.co.uk

Six people falsely accused of crimes after errors in internet data disclosure – The Guardian

“Six people have been wrongly detained and falsely accused of crimes in the past year as a result of mistakes made in the official disclosure of confidential data on their internet use to the police and security services.”

Full story

The Guardian, 18th July 2013

Source: www.guardian.co.uk

Scientology case has judges debating the meaning of religion – The Guardian

“Five supreme court justices have spent a day wrestling with notions of God, nirvana and what constitutes worship in an attempt to decide whether Scientologists may conduct weddings.”

Full story

The Guardian, 18th July 2013

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted July 18th, 2013 in parliamentary papers by sally

HS2 phase two exceptional hardship scheme: decision document, Cm 8686 (PDF)

Government response to the reoprt of the Political and Constitutional Reform Committee report on the draft Recall of MPs Bill, Cm 8640 (PDF)

Source: www.official-documents.gov.uk

Former Huddersfield rugby star’s Twitter sacking illegal – BBC News

“A rugby league star sacked by his club after a photo of a team-mate’s bottom was posted on his Twitter account was unlawfully dismissed, a judge ruled.”

Full story

BBC News, 18th July 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 18th, 2013 in law reports by sally

Supreme Court

Benedetti v Sawiris & Ors [2013] UKSC 50 (17 July 2013)

New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2013] UKSC 51 (17 July 2013)

Court of Appeal (Civil Division)

Trustees of the Coventry School Foundation v Whitehouse & Ors [2013] EWCA Civ 885 (18 July 2013)

Pearce & Anor, R (on the application of) v Commissioner of Police of the Metropolis & Anor [2013] EWCA Civ 866 (18 July 2013)

Padden v Bevan Ashford (A Firm) [2013] EWCA Civ 824 (16 July 2013)

Arogundade, R (on the application of) v Secretary of State for Business, Innovation and Skills [2013] EWCA Civ 823 (16 July 2013)

Watson v Sadiq & Anor [2013] EWCA Civ 822 (16 July 2013)

Court of Appeal (Criminal Division)

William & Ors v R. [2013] EWCA Crim 1262 (18 July 2013)

Taylor & Anor v R. [2013] EWCA Crim 1151 (17 July 2013)

High Court (Administrative Court)

Stratford on Avon District Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 2074 (Admin) (18 July 2013)

The Law Society (Solicitors Regulation Authority) v Emeana & Ors [2013] EWHC 2130 (Admin) (18 July 2013)

Chalfont St Peter Parish Council, R (On the Application Of) v Chiltern District Council [2013] EWHC 2073 (Admin) (17 July 2013)

Foster, R (on the application of) v Secretary of State for Justice [2013] EWHC 1951 (Admin) (17 July 2013)

Francis, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 2115 (Admin) (17 July 2013)

Newby Foods Ltd, R (on the application of) v Food Standards Agency [2013] EWHC 1966 (Admin) (16 July 2013)

Ahmed v Secretary of State for Communities and Local Government & Anor [2013] EWHC 2084 (Admin) (16 July 2013)

High Court (Chancery Division)

Blunt v Jackson & Ors [2013] EWHC 2090 (Ch) (17 July 2013)

The Football Association Premier League Ltd v British Sky Broadcasting Ltd & Ors [2013] EWHC 2058 (Ch) (16 July 2013)

Various Claimants v News Group Newspapers Ltd & Ors [2013] EWHC 2119 (Ch) (12 July 2013)

High Court (Commercial Court)

Sea Glory Maritime Co & Anor v Al Sagr National Insurance Co & Anor [2013] EWHC 2116 (Comm) (17 July 2013)

Energy Venture Partners Ltd v Malabu Oil and Gas Ltd [2013] EWHC 2118 (Comm) (17 July 2013)

High Court (Family Division)

SB (a child), Re [2013] EWHC 2129 (Fam) (16 July 2013)

High Court (Technology and Construction Court)

Thameside Construction Company Ltd v Stevens & Anor [2013] EWHC 2071 (TCC) (17 July 2013)

Mi-Space (UK) Ltd v Lend Lease Construction (EMEA) Ltd [2013] EWHC 2001 (TCC) (16 July 2013)

Source: www.bailii.org

DL v EL (Abduction: Effect of Court Order) – WLR Daily

Posted July 18th, 2013 in appeals, child abduction, competition, law reports, treaties by sally

DL v EL (Abduction: Effect of Court Order): [2013] EWCA Civ 865;   [2013] WLR (D)  285

“The lawful removal of a child from the United States to the United Kingdom pursuant to the order of a court in Texas did not become unlawful when that order was subsequently reversed by the Texan appellate court.”

WLR Daily, 16th July 2013

Source: www.iclr.co.uk

Commission of the European Union v Stichting Administratiekantoor Portielje and another – WLR Daily

Posted July 18th, 2013 in competition, EC law, law reports, subsidiary companies, undertakings by sally

Commission of the European Union v Stichting Administratiekantoor Portielje and another: (Case C-440/11P);   [2013] WLR (D)  284

“The presumption of actual influence by a parent entity holding a controlling shareholding in its subsidiary arose even where that entity was constituted in the legal form of an economically inactive foundation for the purposes of imputing liability to the parent for a subsidiary’s infringing behaviour under article 101FEU of the FEU Treaty.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Merck Sharp Dohme Corpn and another v Teva Pharma BV and another – WLR Daily

Posted July 18th, 2013 in injunctions, law reports, patents by sally

Merck Sharp Dohme Corpn and another v Teva Pharma BV and another: [2013] EWHC 1958 (Pat);   [2013] WLR (D)  283

“When considering a claim for an injunction to prevent a threatened infringement of a patent and a supplementary protection, the court had to consider whether, in all the circumstances, there was a sufficiently strong probability that an injunction was required to prevent the harm to the claimant to justify bringing the proceedings.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 18th, 2013 in legislation by sally

The Charities Act 2011 (Commencement No. 2) Order 2013

The Growth and Infrastructure Act 2013 (Commencement No. 3 and Savings) Order 2013

The Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013

The Armed Forces (Financial Penalty Enforcement Orders) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

Gambling watchdog disputes analysis by district judge over primary activity – Local Government Lawyer

Posted July 18th, 2013 in gambling, licensing, local government, news by sally

“The Gambling Commission has publicly rejected a district judge’s suggestion in the recent Paddy Power case that primary gambling activity is an area solely for the watchdog, not licensing authorities.”

Full story

Local Governemtn Lawyer, 17th July 2013

Source: www.localgovernmentlawyer.co.uk

Consultation on draft rules in relation to non-contentious probate business in England and Wales – Judiciary of England and Wales

Posted July 18th, 2013 in consultations, probate, regulations by sally

“This is a consultation produced by the President of the Family Division’s Working Group detailing the proposed amendments to the Non-Contentious Probate Rules 1987.”

Full consultation

Judiciary of England and Wales, 17th July 2013

Source: www.judiciary.gov.uk

Reform of disclosure management following R v Mouncher (Lynette White) – Crown Prosecution Service

Posted July 18th, 2013 in case management, disclosure, prosecutions, reports by sally

“The Director of Public Prosecutions, Keir Starmer QC, has today published the full report by Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI), undertaken at his request, into disclosure issues that arose in the case of R v Mouncher and others.”

Full report

Crown Prosecution Service, 16th July 2013

Source: www.cps.gov.uk