Test Claimants in the Franked Investment Income Group Litigation v Customs and Excise Comrs (formerly Inland Revenue Comrs) – WLR Daily

Posted May 25th, 2012 in corporation tax, EC law, law reports, limitations, restitution by sally

Test Claimants in the Franked Investment Income Group Litigation v Customs and Excise Comrs (formerly Inland Revenue Comrs): [2012] UKSC 19;  [2012] WLR (D)  161

“Claims for recovery of unlawfully exacted tax under the principle in Woolwich Equitable Building Society v Inland Revenue Comrs [1993] AC 70 (‘the Woolwich principle’) were not limited to those cases where there had been an actual demand by the revenue for payment, but applied generally in all cases where there had been a payment in response to an apparent statutory requirement to pay tax, which was not lawfully due.”

WLR Daily, 23rd May 2012

Source: www.iclr.co.uk

Attorney General’s Reference (Nos 11 and 12 of 2012) – WLR daily

Posted May 25th, 2012 in child abuse, law reports, rape, sentencing by sally

Attorney General’s Reference (Nos 11 and 12 of 2012): [2012] EWCA Crim 1119;  [2012] WLR (D)  160

“When sentencing for rape of a person under 13, under section 5 of the Sexual Offences Act 2003, the judge in assessing seriousness had to analyse the circumstances of the offence and consider the deterrent element in sentencing for sexual offences committed against young children, taking into account the fact that exploitative behaviour might be as serious as submission obtained by force, the ages of the offender and victim, and the starting point for such consideration was on page 25 of the Sentencing Guidelines Council guideline Sexual Offences Act 2003 (2007).”

WLR Daily, 23rd May 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 25th, 2012 in legislation by sally

The Local Government Act 2000 (Commencement No. 9) Order 2012

The Crime and Disorder Act 1998 (Service of Prosecution Evidence) (Amendment) Regulations 2012

The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 2012

The Criminal Defence Service (Funding) (Amendment No. 2) Order 2012

The Criminal Justice Act 2003 (Commencement No. 28 and Saving Provisions) Order 2012

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted May 25th, 2012 in parliamentary papers by sally

The Government response to the House of Lords Constitution Committee’s report: judicial appointments – 25th report of session 2010 – 12, Cm 8358 (PDF)

Source: www.official-documents.gov.uk

Car wash owner ordered to handover £60,000 linked to immigration crime – UK Border Agency

“Albanian car wash owner Defrim Paci, has been ordered to handover £60,000 of his criminal earnings after he was found guilty of employing illegal immigrants in the UK and laundering money.”

Full press release

UK Border Agency. 24th May 2012

Source: www.ukba/homeoffice.gov.uk

UK proud of human rights record – Ministry of Justice

Posted May 25th, 2012 in human rights, press releases by sally

“The Government is proud of its human rights’ record, Justice Minister Lord McNally today told a United Nations’ review of the UK’s human rights record over the last four years.”

Full press release

Ministry of Justice, 24th May 2012

Source: www.justice.gov.uk

The case for letting prisoners vote – UK Human Rights Blog

Posted May 25th, 2012 in elections, human rights, news, prisons by sally

“Last Tuesday saw the latest episode in the prisoner voting legal saga with the European Court of Human Rights’ Grand Chamber’s judgment reversing the Chamber judgment which found Italy’s automatic ban on voting for prisoners serving over 3 years in prison (and a lifetime ban with the possibility of future relief for those sentenced to more than 5 years) in breach of Article 3 of Protocol 1 to the European Convention on Human Rights.”

Full story

UK Human Rights Blog, 24th May 2012

Source: www.ukhumanrightsblog.com

Enterprise Bill proposes radically reduced compensation awards and binding shareholder votes on pay – OUT-LAW.com

Posted May 25th, 2012 in bills, compensation, employment, news, unfair dismissal by sally

“A draft Bill designed to reform certain aspects of employment law and encourage ‘strong, sustainable’ economic growth contains a provision which would allow the Government to radically reduce compensation awards for unfair dismissal.”

Full story

OUT-LAW.com, 24th May 2012

Source: www.out-law.com

Court cases hampered by translation failures – Daily Telegraph

Posted May 25th, 2012 in courts, delay, interpreters, news by sally

“Up to 50 court cases a day were delayed or postponed because of failures by a translation contractor to provide an adequate service,.”

Full story

Daily Telegraph, 24th May 2012

Source: www.telegraph.co.uk

Police recorded 8,500 corruption allegations in three years – The Guardian

Posted May 25th, 2012 in complaints, corruption, news, police, prosecutions by sally

“The police watchdog has revealed how more than 8,500 allegations about corruption have been recorded by forces in England and Wales in three years – but only 13 police officers have been prosecuted and found guilty.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

Hospital allowed ‘careless’ surgeon to continue working after ‘potentially fatal’ error – Daily Telegraph

Posted May 25th, 2012 in disciplinary procedures, doctors, hospitals, negligence, news by sally

“A Hungarian surgeon with a limited command of English was allowed to continue practising for three years after mistakenly injecting carbolic acid into a small child with ‘potentially fatal’ consequences.”

Full story

Daily Telegraph, 24th May 2012

Source: www.telegraph.co.uk

We must defy Strasbourg on prisoner votes – Daily Telegraph

Posted May 25th, 2012 in elections, human rights, news, prisons by sally

“The judges in Europe have exceeded their authority by trying to overrule British law – by David Davis and Jack Straw.”

Full story

Daily Telegraph, 24th May 2012

Source: www.telegraph.co.uk

Kevin Pietersen fined for Twitter comment on Nick Knight – BBC News

Posted May 25th, 2012 in fines, internet, news, sport by sally

“Pietersen was docked an undisclosed sum for comments aimed at the ex-England opener during the first Test against the West Indies at Lord’s.”

Full story

BBC News, 23rd May 2012

Source: www.bbc.co.uk

Postmistress murderer Robin Garbutt loses appeal – BBC News

Posted May 25th, 2012 in appeals, domestic violence, murder, news by sally

“A shopkeeper who bludgeoned his postmistress wife to death has lost a challenge against his murder conviction at the Court of Appeal.”

Full story

BBC News, 24th May 2012

Source: www.bbc.co.uk

Payday loan firms agree to voluntary guidelines – The Guardian

Posted May 25th, 2012 in codes of practice, consumer protection, loans, news by sally

“Payday loan companies have promised to improve the way they sell credit to borrowers under voluntary guidelines agreed with the government.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

Yvonne Fletcher investigation renewed – The Guardian

Posted May 25th, 2012 in demonstrations, Libya, murder, news, police by sally

“David Cameron announces detectives will fly to Libya in pursuit of information about the policewoman’s 1984 killing.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

New licensing rules for children on reality TV – Daily Telegraph

Posted May 25th, 2012 in children, licensing, media, news by sally

“Children who appear on television talent shows or reality TV programmes will have to be licensed under Government plans to prevent them being exploited for ratings.”

Full story

Daily Telegraph, 24th May 2012

Source: www.telegraph.co.uk

Court case over drone strike ‘could force Britain to reveal intelligence exchanges with US’ – Daily Telegraph

“A court action brought by a Pakistani student whose father was killed in a suspected US missile strike last year could force Britain to reveal whether it gives America intelligence for drone attacks on terrorist suspects.”

Full story

Daily Telegraph, 25th May 2012

Source: www.telegraph.co.uk

You gotta fight for your employment rights – The Guardian

Posted May 24th, 2012 in employment, news, time limits, unfair dismissal by sally

“The ‘fire at will’ employment proposals may have been doused, but that doesn’t mean employees are safe. They still have to fight their corner when it comes to dismissals.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

Police denied TV footage of Dale Farm evictions – UK Human Rights Blog

Posted May 24th, 2012 in disclosure, evidence, freedom of expression, media, news, police, travellers by sally

“The police failed to satisfy the court that their need for footage taken by TV organisations was likely to be of substantial value to criminal investigations and therefore would be a justified interference with the rights of a free press under Article 10 of the Human Rights Convention.”

Full story

UK Human Rights Blog, 24th May 2012

Source: www.ukhumanrightsblog.com