UK legal move to stop non-EU nationals getting benefits – BBC News

Posted December 1st, 2011 in benefits, EC law, immigration, news by sally

“The government is taking legal action over rules it says would allow non-EU nationals in the UK to claim benefits without working or paying taxes.”

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BBC News, 1st December 2011

Source: www.bbc.co.uk

Largest ever trial of police officers collapses – The Guardian

Posted December 1st, 2011 in conspiracy, evidence, news, perverting the course of justice, police, trials by sally

“The biggest trial of police officers in British legal history has collapsed after it was ruled they could not receive a fair hearing.”

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The Guardian, 1st December 2011

Source: www.guardian.co.uk

Rooney lawyers claim legal victory – The Independent

Posted December 1st, 2011 in appeals, contracts, news, sport by sally

“Soccer star Wayne Rooney’s lawyers today claimed victory in the latest round of a multi-million pound legal fight with a sports management firm.”

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The Independent, 1st December 2011

Source: www.independent.co.uk

Should more trials be held in secret? – UK Human Rights Blog

Posted December 1st, 2011 in consultations, evidence, intelligence services, news, private hearings, trials by sally

“There is just over a month left to respond to the Government’s consultation on the Justice and Security Green Paper. Responses have to be be sent via email or post by Friday 6 January 2012.”

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UK Human Rights Blog, 1st December 2011

Source: www.ukhumanrightsblog.com

Ministers to decide on ‘missing’ people law change – BBC News

Posted December 1st, 2011 in missing persons, mortgages, news, select committees by sally

“Ministers will decide by next April whether to change the law on missing people in England and Wales.”

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BBC News, 30th November 2011

Source: www.bbc.co.uk

University student convicted of murdering fellow student – The Guardian

Posted December 1st, 2011 in murder, news, universities by sally

“A university student is facing life imprisonment after being convicted of killing a fellow student and stuffing him into an airing cupboard.”

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The Guardian, 30th November 2011

Source: www.guardian.co.uk

Family judges must take bigger role to curb court battlegrounds – Daily Telegraph

Posted December 1st, 2011 in case management, children, family courts, judges, legal aid, news, speeches by sally

“Judges should take a more active role in family cases to stop them becoming ‘battlegrounds’ for warring parents who use children as ‘ammunition’, one of the country’s most senior judges said.”

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Daily Telegraph, 1st December 2011

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 1st, 2011 in legislation by sally

The Gas Transporter (Modification of Licence Conditions) Regulations 2011

The Private Dentistry (Wales) (Amendment) Regulations 2011

The Substance Misuse (Formulation and Implementation of Strategy) (Wales) (Amendment) Regulations 2011

The Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations 2011

The Regulated Covered Bonds (Amendment) Regulations 2011

The Flood and Water Management Act 2010 (Commencement No. 5 and Transitional Provisions) Order 2011

The Incidental Flooding and Coastal Erosion (England) Order 2011

Source: www.legislation.gov.uk

Council meeting prayers challenged at high court – The Guardian

Posted December 1st, 2011 in Christianity, local government, news, religious discrimination by sally

“The long tradition of prayers being said before local council meetings is to be challenged at the high court on Friday.”

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The Guardian, 30th November 2011

Source: www.guardian.co.uk

BEWARE statutory time limits to appeal: if you are late, you are out – UK Human Rights Blog

Posted December 1st, 2011 in appeals, news, time limits, tribunals by sally

“Any lawyer dealing with civil or criminal cases tends to think that, if there is a time limit for doing something in the case, then if that thing does not get done on time, the court may be lenient if there is good reason for extending time. The problem comes where the court is only given power to hear an appeal by a specific set of rules, and the rules say, for instance: you must appeal within 14 days of the decision. In the statutory context, that may mean precisely what it says. And the court, however sympathetically inclined, cannot do otherwise and allow a late appeal.”

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UK Human Rights Blog, 30th November 2011

Source: www.ukhumanrightsblog.com

LSC wins appeal in landmark case on legal aid payments – Law Society’s Gazette

Posted December 1st, 2011 in appeals, barristers, legal aid, news, time limits by sally

“The appeal court has overturned a High Court judgment that delays by the Legal Services Commission in seeking to recover payments on account amounted to an abuse of process.”

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Law Society’s Gazette, 30th November 2011

Source: www.lawgazette.co.uk

Football League in court fight with HMRC over football creditors’ rule – The Guardian

Posted December 1st, 2011 in debts, illegality, insolvency, news, sport, taxation by sally

“A high court judge has been asked to take action against a football industry debt rule described as revealing ‘the ugly side of the beautiful game’.”

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The Guardian, 30th November 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 1st, 2011 in law reports by sally

Court of Appeal (Civil Division)

Brown & Anor v Pretot & Anor [2011] EWCA Civ 1421 (30 November 2011)

Downs, R (on the application of) v Secretary of State for Justice [2011] EWCA Civ 1422 (30 November 2011)

HM Revenue and Customs v PA Holdings Ltd [2011] EWCA Civ 1414 (30 November 2011)

Legal Services Commission v Henthorn [2011] EWCA Civ 1415 (30 November 2011)

Potter v Dyer [2011] EWCA Civ 1417 (30 November 2011)

High Court (Administrative Court)

Clive Rees Associates, Solicitors, R (on the application of) v Swansea Magistrates Court & Anor [2011] EWHC 3155 (Admin) (30 November 2011)

High Court (Chancery Division)

Enterprise Inns Plc v Palmerston Associates Ltd & Anor [2011] EWHC 3165 (Ch) (30 November 2011)

High Court (Queen’s Bench Division)

STU v UVW & Anor [2011] EWHC 3133 (QB) (30 November 2011)

QWE v SDF & Ors [2011] EWHC 3121 (QB) (30 November 2011)

High Court (Commercial Court)

Sideridraulic Systems SpA and Anor v BBC Chartering & Logistic GmbH & Co KG [2011] EWHC 3106 (Comm) (30 November 2011)

Parbulk II AS v PT Humpuss Intermoda Transportasi TBK & Ors [2011] EWHC 3143 (Comm) (30 November 2011)

Source: www.bailii.org

Directors’ Fiduciary Duties – 11 KBW

Posted November 30th, 2011 in company directors, fiduciary duty, legislation, news, statutory duty by sally

“Were the statutory duties in the Companies Act 2006 intended to be simply a replacement without change?”

Full story (PDF)

11 KBW, 23rd November 2011

Source: www.11kbw.com

Costs Management Orders – Hardwicke Chambers

Posted November 30th, 2011 in case management, costs, news by sally

“Whether you have been preparing diligently for months or have just stumbled upon it recently, most of you should now have had the pleasure of acquainting yourself with CPR Practice Direction 51G – the Cost Management Pilot Scheme in the TCC and Mercantile Courts.”

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Hardwicke Chambers, 25th November 2011

Source: www.hardwicke.co.uk

Managing Major Change: Employment and Corporate Governance – Cloisters

Posted November 30th, 2011 in employment, legislation, local government, news by sally

“National governments impose obligations on local government. Electors have needs and preferences to be met. Politicians have aspirations to achieve. None of this will happen without the worker – bees of local government – from chief executive to road sweeper – willingly putting their shoulder to the wheel or hand to the broom. So good human resource management is what makes things happen well.”

Full story (PDF)

Cloisters, 15th-17th November 2011

Source: www.cloisters.com

TUPE and Collective Agreements – 11 KBW

“Terms and conditions of employment are often found, especially in the public sector, not in the individual contracts of employment themselves, but in collective agreements between the employer and trade unions, collective agreements which are expressly incorporated into the individual contracts. If the employer and the unions agree changes in the collective agreement then the individual contracts will automatically be varied accordingly.”

Full story (PDF)

11 KBW, 24th November 2011

Source: www.11kbw.com

The Atomic Veterans Litigation – 4 New Square

“In the week commencing 14 November 2011, a seven-member panel of Justices of the Supreme Court (L Phillips, L Walker, L Hale, L Brown, L Mance, L Kerr and L Wilson) heard the Claimants’ appeal from the Court of Appeal’s decision in the Atomic Veterans Litigation (AB v Ministry of Defence [2010] EWCA Civ 1317). Argument took place over four days and judgment was reserved by the Supreme Court.”

Full story

4 New Square, 21st November 2011

Source: www.4newsquare.com

General, Equal and Certain: Law Reform Today and Tomorrow – Speech by Lord Neuberger of Abbotsbury, Master of The Rolls

Posted November 30th, 2011 in equality, legislation, news, rule of law by sally

General, Equal and Certain: Law Reform Today and Tomorrow (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of The Rolls

Lord Renton Lecture 2011, 28th November 2011

Source: www.judiciary.gov.uk

Changing the culture – Speech by Sir Nicholas Wall, President of the Family Division

Posted November 30th, 2011 in budgets, family courts, judges, legal aid, speeches by sally

Changing the culture (PDF)

Speech by Sir Nicholas Wall, President of the Family Division

The Law Reform Committee of the Bar Council, 29th November 2011

Source: www.judiciary.gov.uk