Phillips and another v Francis and another – WLR Daily

Posted January 11th, 2013 in landlord & tenant, law reports, service charges by sally

Phillips and another v Francis and another: [2012] EWHC 3650 (Ch); [2013] WLR (D) 7

“On the true construction of the meaning and effect of the scheme relating to service charges imposed by sections 20 and 20ZA of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold Reform Act 2002, section 151 identification of one or more sets of qualifying works was not required. The emphasis in the current legislation had shifted from identifying and costing the works before they started to notifying an intention to carry out the works and limiting the amount of the individual contributions sought to pay for them after their completion.”

WLR Daily 21st December 2012

Source: www.iclr.co.uk

Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd – WLR Daily

Posted January 11th, 2013 in law reports, pensions, trusts by sally

Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd: [2012] EWHC 3712 (Ch) ; [2013] WLR (D) 6

“For the purposes of paragraph 3(7)(c) of schedule 5 to the Coal Industry Act 1994 the requirement that the rules of a new pension scheme be ‘no less advantageous’ than the previous scheme was not the same as a requirement that the rules of the new scheme be the same as the rules of the pre-existing scheme. The omission of a pro-rating provision from draft rule 33 of the Schedule to the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994 (SI 1994/2973) was not a mistake in drafting and the rule fell to be construed in accordance with its express terms.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

WH Newson Holding Ltd and others v IMI plc and others – WLR Daily

Posted January 11th, 2013 in competition, EC law, jurisdiction, law reports, tribunals, unlawful means conspiracy by sally

WH Newson Holding Ltd and others v IMI plc and others: [2012] EWHC 3680 (Ch); [2013] WLR (D) 5

“There was nothing to suggest that section 47A of the Competition Act 1998 was limited to the particular cause of action of a claim for breach of statutory duty. A claim brought under section 47A had to be in respect of the loss or damage suffered as a result of the infringement of competition law. The section would not generally permit claims to be brought in the Competition Appeal Tribunal for conduct that was distinct from the infringement, even when the infringement was an element that had to be established to complete the cause of action. The determining criterion was the factual nature of the claim, not the cause of action with which it was clothed.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 11th, 2013 in legislation by sally

The National Savings Bank (Amendment) Regulations 2013

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted January 11th, 2013 in parliamentary papers by sally

The Brown Review of the rail franchising programme, Cm 8526 (PDF)

Source: www.official-documents.gov.uk

Competition round-up: January 2013 – Competition Bulletin from Blackstone Chambers

Posted January 11th, 2013 in competition, news by sally

“As today is the first day of the new court term, I thought it would be a good moment for a round-up of last term’s competition cases.”

Full story

Competition Bulletin from Blackstone Chambers, 11th January 2013

Source: www.competitionbulletin.com

Savile: the full shocking truth revealed in official report – The Independent

Posted January 11th, 2013 in child abuse, police, prosecutions, reports, sexual offences by sally

“Police have recorded 34 rapes against Jimmy Savile and 126 indecent assaults with the vast majority of them against children, the youngest of whom was aged eight, a report into the activities of the former DJ revealed today.”

Full story

Levitt Report

The Independent, 11th January 2013

Source: www.independent.co.uk

DPP statement on Savile cases – Crown Prosecution service

Posted January 11th, 2013 in child abuse, police, press releases, prosecutions, reports, sexual offences by sally

“In October 2012, in light of the more recent allegations of sexual offending by Jimmy Savile, I asked my Principal Legal Advisor, Alison Levitt QC, to examine the decisions taken by the CPS in relation to the four allegations made in 2007 and 2008 and advise me whether they were correct or not.”

Full press release

Crown Prosecution Service, 11th January 2013

Source: www.cps.gov.uk

Christian who refused Sunday work was not constructively dismissed – Richard Wayman – UK Human Rights Blog

Posted January 11th, 2013 in Christianity, constructive dismissal, news, religious discrimination by sally

“Mba v London Borough Of Merton (Religion or Belief Discrimination) [2012] UKEAT 0332/12/1312 (13 December 2012). The Employment Appeal Tribunal (EAT) has dismissed the appeal of a Christian care worker against the decision of an Employment Tribunal that she was not constructively dismissed as a result of her refusal to work on Sundays.”

Full story

UK Human Rights Blog, 10th January 2013

Source: www.ukhumanrightsblog.com

Proposed new teaching exception to copyright will be welcomed by universities, says sector body – OUT-LAW.com

Posted January 11th, 2013 in copyright, education, news, universities by sally

“Universities will welcome Government plans to reform laws governing the copying of works for educational purposes, a representative body for the sector has said.”

Full story

OUT-LAW.com, 10th January 2013

Source: www.out-law.com

Nicklinson posthumous right-to-die appeal – Law Society’s Gazette

Posted January 11th, 2013 in appeals, assisted suicide, murder, news by sally

“A widow has been granted leave to continue her late husband’s challenge to the existing law on murder and assisted suicide.”

Full story

Law Society’s Gazette, 4th January 2013

Source: www.lawgazette.co.uk

IPCC to supervise Stuart Lawrence race case investigation – BBC News

Posted January 11th, 2013 in complaints, news, police, race discrimination, stop and search by sally

“The police watchdog will supervise an investigation into a complaint by Stephen Lawrence’s brother that officers stopped and searched him because he was black.”

Full story

BBC News, 10th January 2013

Source: www.bbc.co.uk

Fewer than one in 30 rapes lead to a conviction, figures show – Daily Telegraph

Posted January 11th, 2013 in news, rape, statistics by sally

“Fewer than one in 30 rape victims see their attacker convicted, figures showed, as it emerged one in 20 women are raped or subjected to serious sex attacks by the time they are 60.”

Full story

Daily Telegraph, 10th January 2013

Source: www.telegraph.co.uk

Hacking: corrupt Yard officer found guilty of trying to sell information to NotW – Daily Telegraph

Posted January 11th, 2013 in corruption, media, misfeasance in public office, news, police by sally

“A senior Scotland Yard counter-terrorism officer has been convicted of misconduct after she offered to sell information about the phone-hacking investigation to the News of the World.”

Full story

Daily Telegraph, 10th January 2013

Source: www.telegraph.co.uk

Blind man Tasered by police seeks compensation – The Guardian

Posted January 11th, 2013 in assault, declarations of incompatibility, false imprisonment, news, police, weapons by sally

“A blind stroke victim has made a claim for compensation after he was shot in the back with a 50,000-volt Taser stun gun by a police officer who mistook his white stick for a samurai sword.”

Full story

The Guardian, 10th January 2013

Source: www.guardian.co.uk

Christians and working on Sundays: what the tribunal really said – The Guardian

Posted January 11th, 2013 in Christianity, constructive dismissal, judgments, news, religious discrimination, tribunals by sally

“Written rulings should be published when tribunals give judgments in order to properly inform public debate.”

Full story

The Guardian, 10th Janaury 2013

Source: www.guardian.co.uk

Runaway child rapist David James jailed for 16 years – BBC News

Posted January 11th, 2013 in child abuse, extradition, news, rape, sentencing, sexual offences by sally

“A child rapist brought back from the US after more than 20 years on the run has been jailed for 16 years.”

Full story

BBC News, 10th January 2013

Source: www.bbc.co.uk

Council to sue three of its own members in slur row – BBC News

Posted January 11th, 2013 in defamation, electronic mail, local government, news by sally

“A Conservative-controlled council is to sue three of its own members claiming they have damaged its reputation.”

Full story

BBC News, 11th January 2013

Source: www.bbc.co.uk

Hypnotist filmed himself sexually abused 19-year-old patient – Daily Telegraph

Posted January 11th, 2013 in complementary medicine, news, professional conduct, sentencing, sexual offences by sally

“A hypnotherapist filmed himself sexually abusing a 19-year-old patient when she was in a trance-like state.”

Full story

Daily Telegraph, 10th January 2013

Source: www.telegraph.co.uk

Woman with learning difficulties can decide own pregnancy fate, court rules – The Guardian

Posted January 10th, 2013 in abortion, consent, Court of Protection, disabled persons, learning difficulties, mental health, news by sally

“A young woman with learning difficulties who faced the prospect of a court deciding if her pregnancy should be terminated has the capacity to decide herself, the high court has ruled.”

Full story

The Guardian, 10th January 2013

Source: www.guardian.co.uk