Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily

Posted February 27th, 2013 in landlord & tenant, law reports, leases, news, tribunals, valuation by sally

Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon [2013] EWCA Civ 90; [2013] WLR (D) 81

“When carrying out the hypothetical valuation of a property with development potential, pursuant to paragraph 3 of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993, the Upper Tribunal ought to have decided the legal position in respect of the legal rights and liabilities arising under various leases, rather than allow for uncertainty on those legal points, insofar as leaving them undetermined, by a discount for the risk.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Costly consequences: The pros and cons of disapplying CPR 36.14 – Hardwicke Chambers

Posted February 27th, 2013 in civil procedure rules, costs, employment, news by sally

“Unlike the general power provided by CPR 44.3, the costs consequences of Pt 36 do not lie in the discretion of the court. The court must apply them unless it considers it “unjust” to do so.”

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Hardwicke Chambers, 20th February 2013

Source: www.hardwicke.co.uk

Man who gave gun to Mark Duggan jailed for 11 years – The Guardian

Posted February 27th, 2013 in firearms, news, sentencing by sally

“A drug dealer who supplied a gun to Mark Duggan minutes before his fatal shooting by police sparked the 2011 summer riots has been jailed for a total of 11 years.”

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The Guardian, 26th February 2013

Source: www.guardian.co.uk

Legal professional privilege and employment law – Hardwicke Chambers

Posted February 27th, 2013 in accountants, employment tribunals, legal profession, news, privilege by sally

“In R (on the application of Prudential Plc and another) v Special Commissioner of Income Tax and another [2013] UKSC 1 a majority of the Supreme Court held that legal advice privilege does not extend to protect legal advice given by professionals who are not lawyers and that it is for Parliament, not the courts, to decide whether and how the privilege should be extended.”

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Hardwicke Chambers, 19th February 2013

Source: www.hardwicke.co.uk

Disclosures made after employment ends can be protected under whistleblowing rules says tribunal – OUT-LAW.com

Posted February 27th, 2013 in disclosure, employment tribunals, news, whistleblowers by sally

“Employees who ‘blow the whistle’ on bad behaviour by bosses can still take advantage of legal protections even after the employment relationship has ended, a tribunal has ruled.”

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OUT-LAW.com, 25th February 2013

Source: www.out-law.com

Bungs in Football – The Legal Goalposts for Clubs, Managers and Agents – 11 KBW

Posted February 27th, 2013 in bribery, corruption, news, sport by sally

“On Tuesday 19 September 2006, BBC’s Panorama made a number of allegations about corruption in football. The most serious allegations concern the alleged widespread bribery of football club directors, managers and scouts by agents seeking to place the players for whom they act.”

Full story (PDF)

11 KBW, 19th February 2013

Source: www.11kbw.com

Parents plead for 17-year-olds in custody to be treated as children – The Guardian

Posted February 27th, 2013 in detention, judicial review, news, young persons by sally

“The parents of a teenager who killed himself after being arrested have pleaded for police to treat all 17-year-olds in custody as children.”

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The Guardian, 26th February 2013

Source: www.guardian.co.uk

Without prejudice communications – 11 Stone Buildings

Posted February 27th, 2013 in admissibility, contracts, evidence, interpretation, news, without prejudice communications by sally

“When a litigator enters into settlement discussions, the general rule is that the content of those communications are protected by the Without Prejudice Rule and cannot be relied upon as evidence in court if the case doesn’t settle. This rule, however, does not constitute a blanket ban. In this note James Barnard reminds us of the Without Prejudice Rule framework, its recognised exceptions and how the Supreme Court case of Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSA 44 created another wide-ranging exception.”

Full story (PDF)

11 Stone Buildings, February 2013

Source: www.11sb.com

QC appointments slip to all time low with 84 made up – The Lawyer

Posted February 27th, 2013 in news, queen's counsel, statistics by sally

“The number of barristers being awarded Queen’s Counsel status is on a downward trajectory with just 84 taking silk in the latest round, the lowest number since the system was reviewed in 2006.”

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The Lawyer, 27th February 2013

Source: www.thelawyer.com

Al-Byati: Iraqi doctor denies tribunal claims – BBC News

Posted February 27th, 2013 in asylum, crimes against humanity, doctors, Iraq, news, torture, tribunals by sally

“An Iraqi doctor has been accused of committing crimes against humanity as part of Saddam Hussein’s regime, a medical tribunal has heard.”

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BBC News, 26th February 2013

Source: www.bbc.co.uk

Ban on barristers expressing personal opinions on cases set to end – Legal Futures

Posted February 27th, 2013 in barristers, codes of practice, news, opinions by sally

“Barristers should soon be free to give their personal opinions on cases when the rule restricting them to voicing only clients’ views is finally lifted – four years after the change was first mooted.”

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Legal Futures, 27th February 2013

Source: www.legalfutures.co.uk

My conviction is unsafe, says QC jailed for VAT fraud – Law Society’s Gazette

Posted February 27th, 2013 in appeals, fraud, news, queen's counsel, tax evasion, VAT by sally

“A London silk sentenced today to three and a half years in prison after being convicted of a £600,000 VAT fraud says he will fight to clear his name.”

Full story

Law Society’s Gazette,

Source: www.lawgazette.co.uk

Tamara Ecclestone’s ex-boyfriend Derek Rose jailed over blackmail plot – The Guardian

Posted February 27th, 2013 in blackmail, news, sentencing by sally

“A former boyfriend of the socialite Tamara Ecclestone has been jailed for four years for plotting to blackmail her for £200,000. Derek Rose, 33, who dated the daughter of Formula One boss Bernie Ecclestone in 2002 when she was 17, was implicated in a plot which saw an email sent to Ecclestone’s manager after the model starred in Billion Dollar Girl, a reality TV programme exploring her life as a rich young person.”

Full story

The Guardian, 26th February 2013

Source: www.guardian.co.uk

‘Ill-judged and offensive’ Hillsborough police email slammed by watchdog – Daily Telegraph

Posted February 27th, 2013 in electronic mail, freedom of information, media, news, police, reports by sally

“The police watchdog has written to a chief constable expressing concern over comments in an email about the Hillsborough disaster that were ‘at best ill-judged and at worst offensive and upsetting’.”

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Daily Telegraph, 26th February 2013

Source: www.telegraph.co.uk

Google, Facebook and Twitter ordered to delete photos of James Bulger killers – The Guardian

Posted February 27th, 2013 in contempt of court, identification, injunctions, internet, media, news, photography, privacy by sally

“Google, Facebook and Twitter have been ordered by the police to remove photographs purporting to show one of James Bulger’s killers.”

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The Guardian, 26th February 2013

Source: www.guardian.co.uk

Three judges appointed to Supreme Court bench – The Lawyer

Posted February 26th, 2013 in judges, news, Supreme Court by sally

“The Queen has approved the latest appointment to the Supreme Court bench with Lord Justices Toulson and Hughes and Lord Hodge being promoted.”

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The Lawyer, 26th February 2013

Source: www.thelawyer.com

Kevin Bennett killing: Three boys guilty of murder – BBC news

Posted February 26th, 2013 in murder, news, perverting the course of justice, young offenders by sally

“Three teenage boys who kicked and punched a homeless man to death have been convicted of murder at Liverpool Crown Court.”

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BBC News, 26th February 2013

Source: www.bbc.co.uk

Compulsive liar jailed after 11 false rape claims in decade – Daily Telegraph

Posted February 26th, 2013 in news, perverting the course of justice, recidivists, sentencing by sally

“A compulsive liar made almost a dozen false claims that she was raped in nearly a decade after making her first complaint at the age of 13, a court has heard.”

Full story

Daily Telegraph, 26th February 2013

Source: www.telegraph.co.uk

Met rape unit encouraged woman to drop case against murderer – BBC News

Posted February 26th, 2013 in complaints, disciplinary procedures, London, news, police by sally

“A police officer at a sex crime unit encouraged a woman to drop a rape claim against a man who went on to murder his two children, a report has said.”

Full story

BBC News, 26th February 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 26th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

KL, R. v [2013] EWCA Crim 98 (22 January 2013)

Ahmed, R. v [2012] EWCA Crim 99 (24 January 2013)

Rabheru, R. v [2013] EWCA Crim 137 (25 January 2013)

Evans, R. v [2013] EWCA Crim 125 (23 January 2013)

Pouladian-Kari v R [2013] EWCA Crim 158 (22 February 2013)

Court of Appeal (Civil Division)

IG Index Ltd v Ehrentreu [2013] EWCA Civ 95 (22 February 2013)

Stirling, R (on the application of) v London Borough of Haringey [2013] EWCA Civ 116 (22 February 2013)

High Court (Chancery Division)

Chemistree Homecare Ltd v Abbvie Ltd [2013] EWHC 264 (Ch) (11 February 2013)

Hunt v Hosking & Ors [2013] EWHC 311 (Ch) (22 February 2013)

High Court (Queen’s Bench Division)

Alternative Investment Solutions (General) Ltd v Valle De Uco Resort & Spa SA & Ors [2013] EWHC 333 (QB) (22 February 2013)

New Forest District Council v Owen & Ors [2013] EWHC 265 (QB) (22 February 2013)

High Court (Family Division)

TC and JC (Children: Relocation) [2013] EWHC 292 (Fam) (21 February 2013)

High Court (Commercial Court)

Navig8 PTE Ltd v Al-Riyadh Co for Vegetable Oil Industry [2013] EWHC 328 (Comm) (22 February 2013)

Source: www.bailii.org