Team Move Update – 11 KBW
“What developments have there been now that the dust has settled on the Tullett litigation?”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
Managing Regulatory Risk in High Court Litigation – FSA Prohibitions and Disciplinary Proceedings – 11 KBW
“The first point to note about the Verrier prohibition is that it was based squarely on findings made in litigation which was not criminal proceedings nor related directly to regulated activities. This may have been a ‘first’ for the FSA; it is not unprecedented in other regulated sectors. The FSA’s interest was perhaps predictable on the extreme facts of the Tullett litigation. This talk considers the risks from civil litigation more generally for FSA-regulated firms and persons and how their legal advisers can help to identify and manage those risks.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
Managing Regulatory Risk in High Court Litigation – FSA Prohibitions and Disciplinary Proceedings Part II – The FSA Disciplinary and Enforcement Regime – 11 KBW
“The FSA issued the Verrier Prohibition under its powers under section 56 of the Financial Services and Markets Act 2000 (the ‘FSMA’). Section 56 confers power, when ‘it appears to the [FSA] that an individual is not a fit and proper person to perform functions in relation to a regulated activity carried on by an authorised person’ to: ‘…make an order (“a prohibition order”) prohibiting the individual from performing a specified function, any function falling within a specified description or any function’.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
Spectator to pay out £5,625 over Rod Liddle’s Stephen Lawrence article – The Guardian
“The Spectator has been ordered to pay £5,625 in fines and compensation for breaching reporting restrictions over a Rod Liddle comment piece published during the trial of Stephen Lawrence’s killers.”
The Guardian, 7th June 2012
Source: www.guardian.co.uk
Finance & Divorce May 2012 Update – Family Law Week
“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest key financial remedies cases.”
Family Law Week, 6th June 2012
Source: www.familylawweek.com
Regina (KM) v Cambridgeshire County Council – WLR Daily
Regina (KM) v Cambridgeshire County Council [2012] UKSC 23; [2012] WLR (D) 171
“When a local authority was performing its duty under section 2 of the Chronically Sick and Disabled Persons Act 1970 and assessing the amount to be awarded to a disabled person, it was not irrational for the authority to use its resource allocation system and its upper banding calculator to arrive at a figure which would enable the disabled person to purchase the necessary services required to meet his eligible needs.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
Cherry Tree Investments Ltd v Landmain Ltd – WLR Daily
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170
“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
Generics (UK) Ltd v Yeda Research & Development Co Ltd and another – WLR Daily
“The principles established in Prince Jefri Bolkiah v KPMG (A firm) [1999] 2 AC 222 were not applicable to a case in which the former employer of a patent attorney now employed within a competitor organisation sought injunctive relief to restrain the current employer from acting by, or otherwise seeking assistance or advice from, the patent attorney in relation to current litigation.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Domestic Violence, Crime and Victims (Amendment) Act 2012 (Commencement) Order 2012
The Welfare Reform Act 2012 (Commencement No. 2) (Amendment) Order 2012
The Road Vehicles (Construction and Use) (Amendment) Regulations 2012
The Automatic Enrolment (Offshore Employment) Order 2012
The Misuse of Drugs Act 1971 (Amendment) Order 2012
Source: www.legislation.gov.uk
Man jailed after bragging “I think I got away with it” on Facebook – Daily Telegraph
“A man was convicted of an assault after he bragged to friends on Facebook during his trial that he thought he had got away with it.”
Daily Telegraph, 6th June 2012
Source: www.telegraph.co.uk
Teacher wins pregnancy sacking case – The Independent
“An art teacher at an independent girls’ school who was sacked after becoming pregnant has won her case of unfair dismissal.”
The Independent, 6th June 2012
Source: www.independent.co.uk
Watchdog calls for Ombudsman to be opened up to third parties – Law Society’s Gazette
“Third parties should be able to complain about lawyers to the Legal Ombudsman, the Legal Services Consumer Panel has suggested.”
Law Society’s Gazette, 7th June 2012
Source: www.lawgazette.co.uk
UK passes ‘human rights exam’, but with room to improve – UK Human Rights Blog
“Last week the UN Human Rights Commissioner published the draft report of the second Universal Periodic Review (UPR) of the UK’s human rights record (draft report here, webcast of the UPR session here). The UPR involves delegations from UN member states asking questions and make recommendations to the UK government on the protection of human rights, which the government will consider before providing its response. The report is extremely wide-ranging, perhaps to its detriment, though many valuable and interesting insights are provided.”
UK Human Rights Blog, 6th June 2012
Source: www.ukhumanrightsblog.com
Parents who force their children into marriage face jail – The Independent
“Parents who coerce their children to marry will face jail under moves to be set out tomorrow by David Cameron.”
The Independent, 7th June 2012
Source: www.independent.co.uk
Two jailed for Freshshop credit card fraud – BBC News
“Two cyber criminals have been jailed for setting up a website that enabled credit card fraud totalling more than £26.9m.”
BBC News, 6th June 2012
Source: www.bbc.co.uk
Woman jailed for killing pensioner – The Independent
“A woman who bludgeoned a pensioner to death was today jailed for life.”
The Independent, 6th June 2012
Source: www.independent.co.uk
The case for code – The Guardian
“The common law leads to complexity. Is that always a good thing?”
The Guardian, 6th June 2012
Source: www.guardian.co.uk
Removing restrictions on national pensions scheme to boost take-up would be unlawful, Government says – OUT-LAW.com
“The Government will ‘reflect further’ on calls to remove restrictions on a new national pension scheme. However, it would be unlawful for it to do so simply to increase participation, it has warned.”
OUT-LAW.com, 6th June 2012
Source: www.out-law.com
Thank god inquests are still open, but can we have some consistency please? – The Guardian
“Thanks either to coalition politics or press pressure, proposals for ‘secret’ inquests were last week ceremoniously ditched from the justice and security bill.”
The Guardian, 6th June 2012
Source: www.guardian.co.uk
