Current Awareness

“The Moors murderer Ian Brady should stay in psychiatric hospital, a mental health tribunal has ruled. The judge-led panel decided Brady was still sufficiently mentally ill to continue holding him at Ashworth secure mental hospital in Merseyside, where he has been since 1985.”

Full story

The Guardian, 28th June 2013

Source: www.guardian.co.uk

Phone hacking: Go-ahead for Brooks and Coulson cases – BBC News

Posted June 28th, 2013 in costs, interception, media, news, prosecutions, telecommunications by sally

“Five former News of the World staff members, including ex-editors Rebekah Brooks
and Andy Coulson, have lost a legal attempt to block their prosecution on phone
hacking charges.”

Full story

BBC News, 28th June 2013

Source: www.bbc.co.uk

New directors’ pay reporting requirements on course for October as final regulations published – OUT-LAW.com

Posted June 28th, 2013 in company directors, company law, news, remuneration, reports by sally

“Changes to the information that companies must include in their remuneration
reports are set to come into force from 1 October following the Government’s
publication of the final rules.”

Full story

OUT-LAW.com, 27th June 2013

Source: www.out-law.com

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs; King’s College London v Same – WLR Daily

Posted June 28th, 2013 in appeals, charities, HM Revenue & Customs, law reports, sale of land, stamp duty, taxation by sally

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs: King’s College London v Same: [2013] EWCA Civ 753; [2013] WLR (D) 255

“Where a charity contributed to the purchase of a property, to be held on trust for it and other, non-charitable, contributors in proportion to their contributions, the ‘chargeable interest acquired’ by reference to which stamp duty land tax was to be levied under Part 4 of the Finance Act 2003 was the equitable estate collectively acquired by the beneficiaries under the trust. However, paragraph 1(1) of Schedule 8 to the 2003 Act was to be interpreted as exempting the land transaction from charge to the extent of the charity’s interest.”

WLR Daily. 26th June 2013

Source: www.iclr.co.uk

Regina ((JB) (Jamaica)) v Secretary of State for the Home Department – WLR Daily

Posted June 28th, 2013 in appeals, asylum, damages, false imprisonment, homosexuality, immigration, judicial review, law reports by sally

Regina ((JB) (Jamaica)) v Secretary of State for the Home Department: [2013] EWCA Civ 666; [2013] WLR (D) 252

“Since the undisputed evidence was that homosexuals were routinely persecuted in Jamaica, the Secretary of State had acted unlawfully in designating Jamaica, under section 94(5)(a) of the Nationality, Immigration and Asylum Act 2002, as a state where there was ‘in general no serious risk of persecution of persons entitled to reside in that state.’ ”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

Raju and others v Secretary of State for the Home Department – WLR Daily

Posted June 28th, 2013 in appeals, education, immigration, law reports, notification by sally

Raju and others v Secretary of State for the Home Department: [2013] EWCA Civ 754; [2013] WLR (D) 253

“Table 10 of Appendix A of paragraph 245FD of the Immigration Rules required that an applicant for leave to remain under the Tier 1 (Post-Study Work) provisions of the points-based system therein should have obtained the appropriate qualification before making the application in order to obtain the necessary points.”

WLR Daily, 25th June 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 28th, 2013 in legislation by sally

The National Assembly for Wales (Representation of the People) (Fresh Signatures for Absent Voters) Order 2013

The Education (National Curriculum) (Key Stages 1 and 2 Assessment Arrangements) (England) (Amendment) Order 2013

The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2013

The Child Support (Miscellaneous Amendments) Regulations 2013

The Health and Safety (Miscellaneous Revocations and Amendments) Regulations 2013

The Social Security (Persons Required to Provide Information) Regulations 2013

The Social Fund Winter Fuel Payment (Amendment) Regulations 2013

The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013

The Biocidal Products (Fees and Charges) Regulations 2013

The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

The Mobile Homes (Pitch Fees) (Prescribed Form) (England) Regulations 2013

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) (No. 2) Order 2013

The National Health Service (Direct Payments) (Repeal of Pilot Schemes Limitation) Order 2013

The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2013

The Lawrence Sheriff School (Pupil Premium Admissions Priority) Order 2013

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted June 28th, 2013 in parliamentary papers by sally

Electricity market reform: delivering UK investment, Cm 8674 (PDF)

School Teachers’ Review Body twenty-second report – 2013, Cm 8659 (PDF)

Source: www.official-documents.gov.uk

Damian Green: ‘Digital Courtrooms’ to be rolled out nationally – Ministry of Justice

Posted June 28th, 2013 in case management, courts, documents, electronic filing, press releases by sally

“Courtrooms will be fully digital by 2016 ending the court service’s ‘outdated’ reliance on paper, Justice Minister Damian Green said today.”

Full press release

Ministry of Jutice, 28th June 2013

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

Proposals to speed up police disciplinary system announced – Home Office

Posted June 28th, 2013 in appeals, complaints, consultations, delay, police, press releases, tribunals by sally

“Government is to consult on improving police misconduct procedures, Policing Minister Damian Green announced on Tuesday.”

Full press release

Home Office, 25th June 2013

Source: www.gov.uk/home-office

Civil courts not open to attempts to re-run criminal trials – UK Human Rights Blog

Posted June 28th, 2013 in abuse of process, civil justice, intelligence services, news, torture, vicarious liability by sally

“Salahuddin Amin v Director General of MI5, Chief of MI6, the FCO, the Home Office and the Attorney General- [2013] EWHC 1579 (QB). Do not be misled by the impressive cast list of defendants in this case it means simply that the claimant was attempting to attack the integrity of his criminal conviction via the civil courts.”

Full story

UK Human Rights Blog, 27th June 2013

Source: www.ukhumanrightsblog.com

A historic leap forward for equal pay claimants? – UK Human Rights Blog

Posted June 28th, 2013 in appeals, employment, equal pay, human rights, local government, news, Supreme Court by sally

“Dumfries and Galloway -v- North [2013] UKSC 45. Yesterday’s much heralded equal pay ‘victory’ in the Supreme Court (see BBC Report) undoubtedly will be good news for the specific female claimants in the case who seek to vindicate their European Union rights to equal pay.”

Full story

UK Human Rights Blog, 27th June 2013

Source: www.ukhumanrightsblog.com

Tough new bribery sentencing guidelines will shape deferred prosecution agreements framework, says expert – OUT-LAW.com

Posted June 28th, 2013 in bribery, codes of practice, deferred prosecution agreements, fines, news, sentencing by sally

“Tough proposed sentencing guidelines will inform the level of financial penalties set by the Serious Fraud Office (SFO) under new deferred prosecution agreements (DPAs), an expert has said.”

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OUT-LAW.com, 28th June 2013

Source: www.out-law.com

Equivalent employees need not share a workplace to benefit from equal pay protections, Supreme Court rules – OUT-LAW.com

Posted June 28th, 2013 in employment, equal pay, news, Supreme Court by sally

“Employees hired to carry out jobs of equal value need not work in the same
‘establishment’ in order to benefit from protections given to those in the ‘same
employment’ under equal pay law, the UK’s highest court has confirmed.”

Full story

OUT-LAW.com, 28th June 2013

Source: www.out-law.com

Leasehold repair covenants and damages – NearlyLegal

Posted June 28th, 2013 in covenants, damages, leases, news, repairs by sally

“Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC).
This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build block of flats. As will become clear, I’m rather troubled by some of the Court’s findings.”

Full story

NearlyLegal, 25th June 2013

Source: www.nearlylegal.co.uk

The Supreme Court widens scope for equal pay comparisons – Employment Law Blog

Posted June 28th, 2013 in education, employment, equal pay, news, Supreme Court by sally

“The question of when equal pay claimants can rely upon comparators employed at different establishments on common terms and conditions under s.1(6) Equal Pay Act 1970 (and now, s.79(4) Equality Act 2010) has long generated an inordinate amount of heat, not light. A unanimous Supreme Court (Lady Hale giving the single judgment) has now cleared away some of the fog of confusion in North v Dumfries and Galloway Council [2013] IKSC 45. In the process, it has overturned both the EAT and the Court of Session Inner House.”

Full story

Employment Law Blog, 27th June 2013

Source: www.employment11kbw.com

Snakes & ladders – New Law Journal

Posted June 28th, 2013 in appeals, causation, ex turpi causa, joint enterprise, negligence, news, personal injuries, proportionality by sally

“The press would have us believe that criminals can do what they like and then merrily sue all and sundry for the unfortunate consequences of those actions. Sadly for tabloid journalists this is simply not true as the Court of Appeal recently remind us in Joyce v O’Brien [2012] EWHC 1324 (QB), [2012] All ER (D) 202 (May). The case is a useful reminder of the rule often shortened to “ex turpi”, namely that the court will not allow a party to profit from a loss arising from that party’s own criminal or immoral activity.”

Full story

New Law Journal, 27th June 2013

Source: www.newlawjournal.co.uk

A matter of trust… New Law Journal

Posted June 28th, 2013 in company law, corporate veil, financial provision, matrimonial home, news, Supreme Court, trusts by sally

“To widespread surprise, the Supreme Court allowed the wife’s appeal in Prest v Petrodel Resources [2013] UKSC 34, [2013] All ER (D) 90 (Jun) although on a different basis from the decision of Mr Justice Moylan at first instance. For those law “nerds” amongst us, the new Supreme Court live feed added an extra frisson, with social media abuzz with speculation as to what it might mean that Lord Sumption was to give the lead judgment. It quickly became clear that this may be a red herring (for Lady Hale to give the lead judgment would have been too obvious a clue). However, a more detailed consideration of the judgment may lead us to conclude that Lord Sumption was a clue indeed and that the corporate veil has survived fully intact, albeit it with the Supreme Court wedging open some doors for family lawyers on the issues of trusts and inferences to be drawn from both pre- and post-litigation behaviour.”

Full story

New Law Journal, 27th June 2013

Source: www.newlawjournal.co.uk