Legal wrangle throws spotlight on food labelling – The Independent

Posted February 27th, 2012 in appeals, consumer protection, food hygiene, news, public interest by tracey

“A landmark legal case revolving around a batch of frozen pigs’ tongues could change the way food use-by dates are enforced in the country. High Court judges ruled earlier last week that a business accused of selling food past its use-by date could counter a prosecution under food labelling laws by showing the product had in fact not needed a use-by date. Consumer experts fear that this interpretation could allow retailers to sell out-of-date food. The matter is being viewed as a test case for use-by dates, and similar cases across the country are being put on hold while it is dealt with.”

Full story

 The Independent, 26th February 2012

Source: www.independent.co.uk

Gypsies who pocketed £800,000 in benefits ordered to pay back £17.65 – Daily Telegraph

Posted February 25th, 2012 in assets recovery, benefits, fraud, news, sentencing, travellers by tracey

“Two members of a Romany gypsy family who flew in and out of Britain to pocket more than £800,000 in benefits have been ordered to pay back just £17.65.”

Full story

Daily Telegraph, 24th February 2012

Source: www.telegraph.co.uk

Norfolk urbanisation protesters win High Court battle – BBC News

Posted February 25th, 2012 in demonstrations, environmental protection, local government, news, planning by tracey

“Campaigners fighting town and city expansion in Norfolk have won a High Court battle with council planners. The group Snub (Stop Norwich Urbanisation), took action against Broadland District, South Norfolk District and Norwich City councils. The judge ruled that plans for 33,000 properties and the new Norwich northern distributor road had not been properly assessed.”

Full story

BBC News, 24th February 2012

Source: www.bbc.co.uk

Metals trader fraudster given extra seven years – The Guardian

Posted February 25th, 2012 in administrators, assets recovery, fraud, news, sentencing by tracey

“Viren Rastogi, the London metals trading tycoon behind one of Britain’s biggest ever frauds, has been ordered to serve seven years behind bars on top of an initial sentence of nine-and-a-half years because he has failed to return millions of pounds defrauded from 20 international banks.”

Full story

The Guardian, 24th February 2012

Source: www.guardian.co.uk

Tropical fish plot cocaine smugglers jailed – BBC News

Posted February 25th, 2012 in drug trafficking, news, sentencing by tracey

“Two men have been jailed for trying to smuggle cocaine with a street value of £1.6m from Colombia to Nottingham in bags of tropical fish.”

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BBC News, 24th February 2012

Source: www.bbc.co.uk

No charges over seized Manchester United fanzine – BBC News

Posted February 25th, 2012 in Crown Prosecution Service, inciting racial hatred, media, news, police, sport by tracey

“Nobody will be charged over copies of a Manchester United fanzine seized before the match with Liverpool amid fears its cover would stoke a racism row.”

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BBC News, 24th February 2012

Source: www.bbc.co.uk

IPCC to investigate new claims of police leak to News International – The Guardian

Posted February 25th, 2012 in inquiries, interception, media, news, police by tracey

“The police watchdog has begun an inquiry into claims a senior officer who worked on Scotland Yard’s original 2006 phone-hacking investigation leaked information to a News International executive. The Independent Police Complaints Commission said it was investigating after being passed information from Operation Elveden, the Met police inquiry into alleged payments to officers by journalists.”

Full story

The Guardian, 24th February 2012

Source: www.guardian.co.uk

Caroline Spelman facing six-figure legal bill over bid to stop press printing story about son – Daily Telegraph

Posted February 25th, 2012 in freedom of expression, injunctions, media, news, privacy, public interest, sport by tracey

“Environment Secretary Caroline Spelman is facing a six-figure legal bill after losing a High Court bid to stop a newspaper publishing a story about her teenage son’s rugby-playing career.”

Full story

Daily Telegraph, 24th February 2012

Source: www.telegraph.co.uk

Top Gear libel case over Tesla electric sports car struck out – The Guardian

Posted February 24th, 2012 in defamation, media, news by tracey

“High court rules that Jeremy Clarkson’s review of the £92,000 Tesla Roadster was not capable of being defamatory.”

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The Guardian, 23rd February 2012

Source: www.guardian.co.uk

Barclays worker Gaynor Russ jailed for £167,000 fraud – BBC News

Posted February 24th, 2012 in fraud, news, sentencing by tracey

“A bank worker who siphoned off £167,000 from customers has been jailed for two-and-a-half years.”

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BBC News, 24th February 2012

Source: www.bbc.co.uk

Understanding Britain’s special extradition relationship – The Guardian

Posted February 24th, 2012 in extradition, news by tracey

“David Cameron appeared to hint this week that the cabinet battle over the controversial UK-US treaty, which underpins the extradition of the retired businessman Christopher Tappin, is not yet finished.”

Full story

The Guardian, 24th February 2012

Source: www.guardian.co.uk

Payday loan firms to be investigated by OFT – The Guardian

Posted February 24th, 2012 in consumer credit, consumer protection, loans, news by tracey

“Payday loan companies will come under fresh scrutiny after the Office of Fair Trading (OFT) launched a review of the sector amid concerns some lenders are taking advantage of people in financial difficulty.”

Full story

The Guardian, 24th February 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 24th, 2012 in law reports by tracey

Court of Appeal (Civil Division)

McKillen v Misland (Cyprus) Investments Ltd & Anor [2012] EWCA Civ 179 (24 February 2012)

MMI Research Ltd v Cellxion Ltd & Ors [2012] EWCA Civ 139 (23 February 2012)

Rahmatullah v Secretary of State for Foreign & Commonwealth Affairs & Anor (No 2) [2012] EWCA Civ 182 (23 February 2012)

Smith v Nottinghamshire Police [2012] EWCA Civ 161 (23 February 2012)

High Court (Administrative Court)

Neave & Ors v Court of Rome, Italy [2012] EWHC 358 (Admin) (23 February 2012)

High Court (Chancery Division)

Long v Rodman & Ors [2012] EWHC 342 (Ch) (23 February 2012)

Long v Rodman & Ors [2012] EWHC 347 (Ch) (23 February 2012)

High Court (Queen’s Bench Division)

Tesla Motors Ltd & Anor v British Broadcasting Corporation (BBC) [2012] EWHC 310 (QB) (23 February 2012)

High Court (Technology and Construction Court)

West Country Renovations Ltd v McDowell & Anor [2012] EWHC 307 (TCC) (23 February 2012)

Source: www.bailii.org

Regina v Dowds – WLR Daily

Posted February 24th, 2012 in alcohol abuse, defences, diminished responsibility, homicide, law reports by tracey

Regina v Dowds: [2012] EWCA Crim 281;  [2012] WLR (D)  43

“The reformulation of the statutory conditions for diminished responsibility was not intended to reverse the well established rule that voluntary acute intoxication was incapable of being relied on to found diminished responsibility and the presence of a recognised medical condition, although necessary, was not always a sufficient condition to raise the issue of diminished responsibility.”

WLR Daily, 22nd February 2012

Source: www.iclr.co.uk

In re Peacock (Secretary of State for the Home Dept intervening) – WLR Daily

Posted February 24th, 2012 in confiscation, drug trafficking, law reports, proceeds of crime by tracey

In re Peacock (Secretary of State for the Home Dept intervening): [2012] UKSC 5;  [2012] WLR (D)  42

“Where a compensation order had been made against a convicted drug trafficker under the Drug Trafficking Act 1994 (which applied where the relevant conviction was before 24 March 2003) to recover an amount equal to his benefit from that criminal activity, but the actual amount of the order was for a lesser sum as being his only realisable assets at the time of conviction, the court could later increase the amount of the order under section 16 of the Act to take account of assets he had legitimately acquired after release from prison.”

WLR Daily, 22nd February 2012

Source: www.iclr.co.uk

City of London v Samede and others – WLR Daily

City of London v Samede and others: [2012] EWCA Civ 160;  [2012] WLR (D)  41

“While it could be appropriate for the court to take into account the general character of the views whose expression the Convention on Human Rights was being invoked to protect, namely the article 10 (freedom of expression) and article 11 (freedom of assembly) rights of demonstrators on the public highway, it was very difficult to see how those rights could ever prevail against the will of the landowner when the demonstrators were continuously and exclusively occupying public land, breaching not just the owner’s property rights and certain statutory provisions, but significantly interfering with the public and Convention rights of others, and causing other problems connected with health, nuisance and the like, especially in circumstances where the occupation had already continued for months and was likely to continue indefinitely.”

WLR Daily, 22nd February 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 24th, 2012 in legislation by tracey

The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012

The Student Fees (Basic and Higher Amounts) (Approved Plans) (England) (Amendment) Regulations 2012

The Dover Harbour Revision Order 2012

Source: www.legislation.gov.uk

Simpler narrative reporting requirements will not come into force until 2013, Government says – OUT-LAW.com

Posted February 24th, 2012 in company law, news, reports by tracey

“Proposed changes to companies’ annual reporting requirements intended to provide greater clarity on how businesses are run and increase transparency with regards to executive pay will not take effect until April 2013, the Government has announced.”

Full story

OUT-LAW.com, 23rd February 2012

Source: www.out-law.com

Disclosure of some details about senior council officials’ interests legitimate, Tribunal rules – OUT-LAW.com

Posted February 24th, 2012 in data protection, local government, news, public interest by tracey

“Bolton Metropolitan Borough Council has been ordered to disclose information relating to the professional interests of senior council members following a ruling by the Information Rights Tribunal.”

Full story

OUT-LAW.com, 24th February 2012

Source: www.outlaw.com

Are family arbitrations ‘binding’? – Family Law Week

Posted February 24th, 2012 in arbitration, families, news by tracey

“Launch of family arbitration scheme provokes debate about enforceability of awards.”

Full story

Family Law Week, 23rd February 2012

Source: www.familylawweek.co.uk