Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) – WLR Daily

Posted March 5th, 2013 in banking, financial regulation, freezing injunctions, law reports, Supreme Court, third parties, undertakings by sally

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2013] UKSC 11; [2013] WLR (D) 90

“There was no general rule that the Financial Services Authority acting pursuant to a public duty should be required to give to the court a cross-undertaking in damages in favour of third parties affected by the obtaining of a freezing injunction under section 380(3) of the Financial Services and Markets Act 2000 and/or section 37(1) of the Senior Courts Act 1981.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

Hunt v Hosking and ors – WLR Daily

Posted March 5th, 2013 in insolvency, law reports, valuation by sally

Hunt v Hosking and ors [2013] EWHC 311 (Ch); [2013] WLR (D) 89

“When bringing an application under section 238 of the Insolvency Act 1986 there needed to be a transaction to which the company was a party and that involved mutuality. It did not extend to unilateral actions taken by somebody who had acted without authority.”

WLR Daily, 22nd February 2013

Source: www.iclr.co.uk

Court of Appeal downplays Aarhus – UK Human Rights Blog

Posted March 5th, 2013 in environmental protection, judicial review, news, planning by sally

“There have been important pronouncements over the years by the Aarhus Compliance Committee (ACC) about whether the UK planning system complies with the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention).”

Full story

UK Human Rights Blog, 4th March 2013

Source: www.ukhumanrightsblog.com

Command Papers – official-documents.gov.uk

Posted March 5th, 2013 in parliamentary papers by sally

The Commonwealth Charter, Cm 8572 (PDF)

Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on Cooperation in the area of Taxation, Cm 8579 (PDF)

Exchange of Letters between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China amending the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China Concerning Air Services Done at Hong Kong 25 July 1997, Cm 8580 (PDF)

Source: www.official-documents.gov.uk

Bar calls on the LSB to tighten its belt – Law Society’s Gazette

Posted March 5th, 2013 in barristers, budgets, Legal Services Board, news by sally

“The Bar Council has publicly attacked the Legal Services Board for appearing immune from financial pressures affecting the legal profession and government departments.”

Full story

Law Society’s Gazette, 4th March 2013

Source: www.lawgazette.co.uk

Britain’s most senior judge takes aim at gender imbalance – The Guardian

Posted March 5th, 2013 in closed material, diversity, evidence, judges, judiciary, news, women by sally

“The stereotypical image of judges as male and white may be so deeply entrenched that there could be an ‘unconscious bias’ against women, the United Kingdom’s most senior judge has suggested.”

Full story

The Guardian, 5th March 2013

Source: www.guardian.co.uk

Lettings agents ‘breaking the law’ by not revealing fees – The Independent

Posted March 5th, 2013 in consumer protection, fees, landlord & tenant, news, rent by sally

“Lettings agents have been accused of breaking the law by not revealing their fees to renters.”

Full story

The Independent, 5th March 2013

Source: www.independent.co.uk

Why secret justice is bad for Britain – Halsbury’s Law Exchange

Posted March 5th, 2013 in bills, civil justice, closed material, news, private hearings by sally

“As Parliament prepares to vote on the Justice and Security Bill today, Terry McGuinness outlines why Closed Material Procedures (CMP) are an affront to open justice.”

Full story

Garden Court Chambers Blog, 4th March 2013

Source: www.gclaw.wordpress.com

Prison cuts ‘could lead to more crimes’ – Daily Telegraph

Posted March 5th, 2013 in crime, news, prisons, recidivists, rehabilitation, reports by sally

“Serial criminals could commit even more crimes, MPs have warned, because cuts to prison services risk rehabilitation programmes being scaled back.”

Full story

Daily Telegraph, 5th March 2013

Source: www.telegraph.co.uk

Caste discrimination should be outlawed, say Lords – The Guardian

Posted March 5th, 2013 in bills, equality, news, parliament, race discrimination, religious discrimination by sally

“The House of Lords voted on Monday to outlaw discrimination against people on the basis of their caste.”

Full story

The Guardian, 5th March 2013

Source: www.guardian.co.uk

QB Master warns of “blood on the floor” after 1 April – Litigation Futures

Posted March 5th, 2013 in costs, courts, delay, judges, news by sally

“The Jackson reforms will leave ‘blood on the floor’ and a lack of resources behind the reforms will leave courts and judges ‘overwhelmed’ by the extra workload, Master Cook of the Queen’s Bench Division has predicted.”

Full story

Litigation Futures, 5th March 2013

Source: www.litigationfutures.com

PPI complaints rise ‘unprecedented’, says ombudsman – BBC News

Posted March 5th, 2013 in banking, complaints, financial services ombudsman, insurance, news by sally

“The financial ombudsman service is taking on 2,000 new cases a day following payment protection insurance (PPI) complaints, with numbers rising at “unprecedented” rates.”

Full story

BBC News, 4th March 2013

Source: www.bbc.co.uk

Secret court hearing plans pushed through by government – The Guardian

Posted March 5th, 2013 in bills, civil justice, closed material, news, private hearings by sally

“The government pushed through its plans for secret court hearings on Monday night, defeating amendments tabled by the Labour frontbench with significant majorities.”

Full story

The Guardian, 4th March 2013

Source: www.guardian.co.uk

Voyeur Reverend Richard Lee walks free from court over indecent pictures of girls and woman – The Independent

Posted March 5th, 2013 in Church of England, indecent photographs of children, news, suspended sentences, voyeurism by sally

“A Church of England vicar has walked free from court after admitting using secret cameras to spy on and film intimate pictures of three girls and a woman.”

Full story

The Independent, 4th March 2013

Source: www.independent.co.uk

Children’s rights cited in legal challenge launched against ‘bedroom tax’ – The Guardian

Posted March 5th, 2013 in benefits, children, disabled persons, housing, judicial review, news, social services by sally

“A legal challenge has been launched on behalf of 10 disabled and vulnerable children against the government’s so-called ‘spare bedroom tax’, which is expected to lead to a reduction in benefits for hundreds of thousands of people because they have at least one unused room.”

Full story

The Guardian, 5th March 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted March 4th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Aladeselu & Ors v Secretary of State for the Home Department [2013] EWCA Civ 144 (01 March 2013)

Aintree University Hospitals NHS Foundation Trust v James & Ors [2013] EWCA Civ 65 (01 March 2013)

Perry v The Nursing and Midwifery Council [2013] EWCA Civ 145 (28 February 2013)

Waterson v Lloyd MP & Anor [2013] EWCA Civ 136 (28 February 2013)

High Court (Queen’s Bench Division)

VFS Financial Services Ltd v JF Plant Tyres Ltd [2013] EWHC 346 (QB) (26 February 2013)

RH (A Child) v University Hospitals Bristol NHS Foundation Trust [2013] EWHC 299 (QB) (01 March 2013)

Boyle v The Commissioner of Police of the Metropolis [2013] EWHC 395 (QB) (28 February 2013)

Furnell v Flaherty (t/a Godstone Farm) [2013] EWHC 377 (QB) (27 February 2013)

High Court (Chancery Division)

89 Holland Park (Management) Ltd & Ors v Hicks [2013] EWHC 391 (Ch) (27 February 2013)

EMI Records Ltd & Ors v British Sky Broadcasting Ltd & Ors [2013] EWHC 379 (Ch) (28 February 2013)

High Court (Administrative Court)

Manchester College of Accountancy & Management, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 409 (Admin) (01 March 2013)

EAT, R (on the application of) v London Borough of Newham [2013] EWHC 344 (Admin) (28 February 2013)

Caetano v Commissioner of Police of the Metropolis [2013] EWHC 375 (Admin) (28 February 2013)

Singh, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 380 (Admin) (28 February 2013)

High Court (Technology and Construction Court)

Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC) (27 February 2013)

Geophysical Service Centre Co v Dowell Schlumberger (ME) Inc [2013] EWHC 147 (TCC) (18 January 2013)

Berry Piling Systems Ltd v Sheer Projects Ltd [2013] EWHC 347 (TCC) (28 February 2013)

Source: www.bailii.org

Gordon Brown’s PCC complaint against Sunday Times rejected – the Guardian

Posted March 4th, 2013 in codes of practice, complaints, expenses, fees, media, misrepresentation, news by sally

“Gordon Brown’s complaint to the Press Complaints Commission over a Sunday Times story about the more than £2m in fees and expenses received since he stepped down as prime minister has been rejected.”

Full story

The Guardian, 4th March 2013

Source: www.guardian.co.uk

Nicola Edgington jailed for 37 years for street decapitation, as report blames police blunders for attack – The Independent

Posted March 4th, 2013 in mental health, murder, news, police, sentencing by sally

“A woman who decapitated a stranger in the street was jailed for at least 37 years today.”

Full story

The Independent, 4th March 2013

Source: www.independent.co.uk

“Can’t We Make the Local Authority Pay for It?” – Family Law Week

Posted March 4th, 2013 in children, costs, family courts, fostering, guardianship, housing, jurisdiction, local government, news by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the court’s powers to compel a local authority to meet the costs of a particular action.”

Full story

Family Law Week, 2nd March 2013

Source: www.familylawweek.co.uk

Revisions to the codes of practice for skilled migrant workers – UK Border Agency

Posted March 4th, 2013 in codes of practice, employment, immigration, news, remuneration by sally

“Today [1 March], the UK Border Agency is publishing a statement of intent, to help employers prepare for changes to the points-based system.

The statement announces changes to the codes of practice for skilled migrant workers from outside the European Economic Area. These will come into effect on 6 April 2013 and will also affect the timing of the applications for restricted certificates of sponsorship in March and April.”

Full story

UK Border Agency, 1st March 2013

Source: www.ukba.homeoffice.gov.uk