Multiple Derivative Actions in Company Law – Can You Or Can’t You? – New Square Chambers
“It has long been recognised in English law that as an exception to the rule in Foss v Harbottle a member of a company may bring an action on its behalf against wrongdoers who exert control over the company and who are preventing it from enforcing its rights, i.e. the single derivative action. A multiple derivative action potentially arises where the proposed claimant is not a member of the wronged company but is a member of the ultimate holding company. Since the coming into force of the Companies Act 2006, there has been considerable debate as to whether that legislation removed the common law double derivative action or even, in some quarters, whether such a common law action ever existed.”
Full story (Word)
New Square Chambers, 17th May 2013
Source: www.newsquarechambers.co.uk
Recent Statutory Instruments – legislation.gov.uk
The CRC Energy Efficiency Scheme Order 2013
The G8 Summit (Immunities and Privileges) Order 2013
The Social Security (Contributions) (Amendment No. 2) Regulations 2013
The Welfare Reform Act 2012 (Consequential Amendments) Regulations 2013
The Fire and Rescue Services (Appointment of Inspector) (England) Order 2013
The Financial Conglomerates and Other Financial Groups (Amendment) Regulations 2013
Source: www.legislation.gov.uk
Workfare and the First-tier Tribunal – Panopticon
“Employment programmes for welfare recipients – often referred to as ‘workfare’ – are highly controversial. In Department for Work and Pensions v Information Commissioner and Zola (EA/2012/0207,0232 and 0233), the First-tier Tribunal considered three FOIA requests for information about companies participating in such programmes. The Tribunal ordered disclosure, rejecting the Department’s reliance on the exemptions in FOIA section 43(2) (prejudice to commercial interests) and section 36(2)(c) (prejudice to the effect conduct of public affairs).”
Panopticon, 20th May 2013
Source: www.panopticonblog.com
Arrested suspects should retain anonymity, police told – BBC News
“Police in England and Wales should not name arrested people until they are charged except in ‘clearly identified circumstances’ such as when there is a threat to life, new guidance says.”
BBC News, 20th May 2013
Source: www.bbc.co.uk
Judge to rule if man can refuse help for cancer – Daily Telegraph
“A judge has been asked to decide if a man who suffers from a chronic mental illness should be treated for possible testicular cancer after he refused the treatment recommended by doctors.”
Daily Telegraph, 20th May 2013
Source: www.telegraph.co.uk
Fresh evidence challenges ‘Angel of Death’ nurse Colin Norris’s conviction – The Guardian
“Fresh medical and scientific evidence is being published this week that campaigners hope will lead to the release of Colin Norris, the former nurse and so-called ‘Angel of Death’ serving life for the murder or attempted murder of five elderly women.”
The Guardian, 20th May 2013
Source: www.guardian.co.uk
Retired priest jailed over sex attacks at children’s home – The Guardian
“A retired Church of England priest found guilty of a catalogue of historic sex attacks on children at a Barnardo’s home has been jailed for 10 years.”
The Guardian, 20th May 2013
Source: www.guardian.co.uk
Disclaimers and discretionary vesting orders – A piercing reminder – 11 Stone Buildings
LexisNexis asked David Nicholls to consider the court’s discretion to make a vesting order in light of the recent case Hunt and another v Conwy County Borough Council [2013] All ER (D) 101 (May) in the Chancery Division.”
Full story (PDF)
11 Stone Buildings, 15th May 2013
Source: www.11sb.com
Derby fire deaths: Paul Mosley to appeal over jail term – BBC News
“Paul Mosley, jailed for his part in the deaths of six children in a house fire, is to appeal against the length of his jail term, his legal team has said.”
BBC News, 20th May 2013
Source: www.bbc.co.uk
Paranoid woman begs court to let her abort baby she gave up pills to protect – The Independent
“A pregnant woman suffering from ‘severe’ mental health problems has made an impassioned plea to a High Court judge, asking that she be granted an abortion.”
The Independent, 20th May 2013
Source: www.independent.co.uk
Committal Applications in financial remedy proceedings: when, how and why to make one – Zenith Chambers
“An order made in family proceedings for the payment of money can be enforced by judgement summons, and, if the statutory criteria are satisfied, an order made committing the judgement debtor to prison for up to 6 weeks. Given that in all likelihood only half of this time will be served, and that the time served doesn’t actually produce any cash for the creditor, the obvious question for the person seeking to
enforce the order is ‘what is the point?’. In fact, the Court of Appeal said as much in the case of Mubarak in 2000; ‘I doubt whether experienced specialist practitioners will think that it has sufficient value for money to be worth its initiation.'”
Full story (PDF)
Zenith Chambers, 16th May 2013
Source: www.zenithchambers.co.uk
Public fear legal aid cuts will lead to wrongful convictions, poll finds – The Guardian
“More than 70% of the public fear that further cuts to legal aid could result in innocent people being convicted of crimes they did not commit, according to an opinion poll released by the Bar Council.”
The Guardian, 21st May 2013
Source: www.guardian.co.uk
Myths and Realities about Equal Marriage – UK Human Rights Blog
“The Marriage (Same Sex Couples) Bill is back before Parliament today for the ‘Report Stage’. The latest version of the Bill is here, updated explanatory notes here, and the full list of proposed amendments here. Predictably, the amendments are the focus of much controversy.”
UK Human Rights Blog, 20th May 2013
Source: www.ukhumanrightsblog.com
The meaning of care and attention – NearlyLegal
“SL v Westminster [2013] UKSC 27 is a very important case concerning the meaning of ‘care and attention’ in the context of s.21, National Assitance Act 1948.”
NearlyLegal, 20th May 2013
Source: www.nearlylegal.co.uk
EVENT: King’s College London – Creativity, Innovation and Competition Conference
“This conference deals with recent, controversial issues at the intersection of patent, copyright and competition law. It features a diverse range of international and UK speakers, from academia and practice, whose expertise is in intellectual property and/or competition law. The conference will be of interest to scholars, lawyers, those in industry and Ph D students.”
Date: 20th June 2013
Location: River Room – Strand Campus, King’s College London
Charge: £50
More information can be found here.
What Place does Wardship have in Modern Family Proceedings? – Family Law Week
“Leanne Buckley-Thomson, barrister at 12 College Place, provides an overview of wardship and considers its usefulness in modern family proceedings.”
Family Law Week, 18th May 2013
Source: www.familylawweek.co.uk
