Employees deciding together to establish a competing business: what are the legal principles – 11 KBW

Posted June 26th, 2012 in company directors, competition, employment, news by sally

“In many cases where a person wishes to leave an employment and establish a new business, that person may wish to tell colleagues about the plans and to encourage them to join him or her in the new venture. It may be that there is disaffection in the workplace and that there is a general, if unexpressed, desire to move on.”

Full story (PDF)

11 KBW, 22nd June 2012

Source: www.11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 26th, 2012 in legislation by sally

The Crime and Security Act 2010 (Commencement No. 6) Order 2012

The National Health Service (Charges to Overseas Visitors) Amendment Regulations 2012

The British Nationality (General) (Amendment) Regulations 2012

The Social Security (Notification of Deaths) Regulations 2012

The Driving Instruction (Compensation Scheme) Regulations 2012

The Immigration (European Economic Area) (Amendment) Regulations 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 26th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Cox v Ergo Versicherung AG [2012] EWCA Civ 854 (25 June 2012)

High Court (Queen’s Bench Division)

Vallen International Limited v Lewis & Anor [2012] EWHC B5 (QB) (25 June 2012)

AXN & Ors v Worboys & Ors [2012] EWHC 1730 (QB) (25 June 2012)

The Manchester Ship Canal Company Ltd & Anor, R (on the application of) v Environment Agency [2012] EWHC 1643 (QB) (20 June 2012)

High Court (Chancery Division)

SMP Trustees Ltd, Re [2012] EWHC 1728 (Ch) (25 June 2012)

High Court (Administrative Court)

Essa, R (on the application of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor [2012] EWHC 1533 (Admin) (01 June 2012)

Source: www.bailii.org

Reforming the duty of disclosure in business insurance, and bringing the law on warranties up to date – Law Commission

Posted June 26th, 2012 in consultations, disclosure, insurance, news, warranties by sally

“In a consultation opening today, the Law Commission and Scottish Law Commission are proposing a new law to make clear what businesses must tell insurers when they buy insurance.”

Full story

Law Commission, 26th June 2012

Source: www.lawcommission.justice.gov.uk

Talking About Reform – Speech by Mr Justice Ryder

Posted June 26th, 2012 in bills, civil justice, courts, evidence, family courts, judiciary, speeches by sally

Talking About Reform (PDF)

Speech by Mr Justice Ryder

Public Child Care Law Conference, 26th June 2012

Source: www.judiciary.gov.uk

Camden London Borough Council v Stafford – WLR Daily

Posted June 26th, 2012 in appeals, housing, law reports, local government, notification, repossession by sally

Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184

“A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. Similarly a review of that decision under section 129 could not introduce conditions. Thus a review notice purporting to confirm the original decision to seek possession but not pursuing possession because alternatives were put in place did not confirm the original decision. If the landlord subsequently sought possession a fresh notice under section 128 would have to be served.”

WLR Daily, 20th June 2012

Source: www.iclr.co.uk

F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) – WLR Daily

Posted June 26th, 2012 in appeals, costs, law reports, part 36 offers by sally

F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) [2012] EWCA Civ 843; [2012] WLR (D) 183

“Where an offer to settle proceedings had been made which was neither in substance nor in form compliant with Part 36, it was wrong in principle to take as directly analogous, and as applicable, the potential costs consequences had it been a Part 36 offer.”

WLR Daily, 22nd June 2012

Source: www.iclr.co.uk

Regina (C) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (J) Same – WLR Daily

Posted June 26th, 2012 in evidence, law reports, photography, police by sally

Regina (C) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (J) Same [2012] EWHC 1681 (Admin); [2012] WLR (D) 182

“The statutory discretion for the police to retain custody photographs obtained from criminal suspects who were subsequently not proceeded against or acquitted did not extend to the retention of photographs taken from all suspects for a substantial and potentially indefinite period, in breach of their right to privacy.”

WLR Daily, 22nd June 2012

Source: www.iclr.co.uk

Lancashire County Council ‘failed to protect brothers’ – BBC News

Posted June 26th, 2012 in child abuse, children, local government, news, social services by sally

“Two teenage brothers who were abused while living in care are to sue Lancashire County Council after a judge ruled they had been mistreated.”

Full story

BBC News, 25th June 2012

Source: www.bbc.co.uk

Fast-track court system planned for London Olympics – The Guardian

Posted June 26th, 2012 in courts, London, news, sport by sally

“Measures have been drawn up to fast-track the trials of people accused of offences linked to the Olympics, based on the way offenders were processed after last summer’s riots.”

Full story

The Guardian, 26th June 2012

Source: www.guardian.co.uk

Ministry of Defence has legal duty of care to soldiers in combat, court hears – The Guardian

“The government is under a legal obligation to ensure British soldiers are sent to fight with adequate equipment and training, the court of appeal heard on Monday in a case that has potentially profound implications for the treatment of troops on the battlefield.”

Full story

The Guardian, 25th June 2012

Source: www.guardian.co.uk

Decision on extradition treaties is overdue – The Guardian

Posted June 25th, 2012 in extradition, judiciary, jurisdiction, news, prosecutions, treaties, warrants by sally

“Theresa May’s response to the extradition treaty review has become even more pressing amid the Richard O’Dwyer case.”

Full story

The Guardian, 25th June 2012

Source: www.guardian.co.uk

Classifieds

Posted June 25th, 2012 in news by sally

Recently added:

If you are interested in placing an advertisement for a chambers’ vacancy on the Current Awareness blog please email us at classifieds@innertemplelibrary.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 25th, 2012 in legislation by sally

The Plant Health (Fees) (Wales) Regulations 2012

The Information as to Provision of Education (England) (Amendment) Regulations 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 25th, 2012 in law reports by sally

Court of Appeal (Civil Division)

F & C Alternative Investments (Holdings) Ltd & Ors v Barthelemy & Anor [2012] EWCA Civ 843 (22 June 2012)

High Court (Queen’s Bench Division)

Gutermann Messtechnik Gutermann UK Ltd v Hartley & Anor [2012] EWHC 1697 (QB) (22 June 2012)

High Court (Family Division)

A & S (Children) v Lancashire County Council [2012] EWHC 1689 (Fam) (21 June 2012)

High Court (Administrative Court)

RMC & Anor, R (on the application of) v Commissioner of Police of the Metropolis & Ors [2012] EWHC 1681 (Admin) (22 June 2012)

C v Secretary of State for the Home Department [2012] EWHC 1543 (Admin) (22 June 2012)

United Arab Emirates v Amir [2012] EWHC 1711 (Admin) (22 June 2012)

United Arab Emirates v Allen [2012] EWHC 1712 (Admin) (22 June 2012)

Coatman & Anor, R (on the application of) v Council for Licensed Conveyancers [2012] EWHC 1648 (Admin) (22 June 2012)

Source: www.bailii.org

Baby P’s stepfather compensation bid over ‘napalm’ prison attack – Daily Telegraph

“The stepfather of Baby P, Steven Barker, has launched a £40,000 compensation bid after he was injured in a violent prison attack, it has been reported.”

Full story

Daily Telegraph, 25th June 2012

Source: www.telegraph.co.uk

Clarke opens Westminster’s new magistrates’ court – Ministry of Justice

Posted June 25th, 2012 in courts, magistrates, news by sally

“Justice Secretary Kenneth Clarke officially opened a new state of the art Magistrates’ Court in London today (21 June).”

Full story

Ministry of Justice, 21st June 2012

Source: www.justice.gov.uk

Bar Standards Board seeks views on Bar Transfer Test – Bar Standards Board

Posted June 25th, 2012 in barristers, consultations, legal education, news, solicitors by sally

“The Bar Standards Board has issued a consultation reviewing the Bar Transfer Test (BTT).”

Full story

Bar Standards Board, 22nd June 2012

Source: www.barstandardsboard.org.uk

John Worboys victims in damages case setback – BBC News

“Victims of black cab rapist John Worboys have lost a crucial step in their High Court battle for damages.”

Full story

BBC News, 25th June 2012

Source: www.bbc.co.uk

Three jailed for £9m Sainsbury’s potato scam – The Guardian

Posted June 25th, 2012 in bribery, corruption, news, sentencing, theft by sally

“Three men have been jailed for a scam in which Sainsbury’s was overcharged by nearly £9m.”

Full story

The Guardian, 22nd June 2012

Source: www.guardian.co.uk