The Public Sector Equality Duty – 11 KBW

Posted March 22nd, 2012 in equality, news by sally

“Since the Coalition Government came into power, ‘doing more with less’ has become a typical catchphrase. Cutting public services, charging for services, or finding a more economically attractive way of delivering public services has been a requirement for most, if not all, public authorities.”

Full story (PDF)

11 KBW, 22nd March 2012

Source: www.11kbw.com

BAILII: Recent Decisions

Posted March 22nd, 2012 in law reports by sally

Court of Appeal (Civil Division)

Dudley Metropolitan Borough Council v Shurvinton & Ors [2012] EWCA Civ 346 (21 March 2012)

Phethean-Hubble v Coles [2012] EWCA Civ 349 (21 March 2012)

Sheridan & Ors v Basildon Borough Council [2012] EWCA Civ 335 (21 March 2012)

High Court (Chancery Division)

Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD & Ors [2012] EWHC 616 (Ch) (21 March 2012)

Thomas & Anor (Joint Liquidators of GBI Investments Ltd) v Jakes & Anor [2012] EWHC 525 (Ch) (09 March 2012)

Source: www.bailii.org

Flood v Times Newspapers Ltd – WLR Daily

Posted March 22nd, 2012 in defamation, law reports, privilege, public interest, Supreme Court by sally

Flood v Times Newspapers Ltd [2012] UKSC 11; [2012] WLR (D) 93

“A publisher was protected from liability for defamation when it published an article containing allegations of corruption against a named police officer, even though the allegations were subsequently held to be unfounded, if it could be shown that the issues raised in the article were matters of public interest and that at the time of publication it appeared to the publishers that there was a strong circumstantial case for believing the allegations to be true.”

WLR Daily, 21st March 2012

Source: www.iclr.co.uk

Mohamed (Azza) v Secretary of State for the Home Department – WLR Daily

Posted March 22nd, 2012 in appeals, elderly, immigration, law reports by sally

Mohamed (Azza) v Secretary of State for the Home Department [2012] EWCA Civ 331; [2012] WLR (D) 92

“The use of the superlative form in the phrase “the most exceptional compassionate circumstances” in paragraph 317(i)(e) of the Statement of Changes in Immigration Rules (1994) stressed how extreme such circumstances had to be in order for an applicant to be granted indefinite leave to enter or remain in the United Kingdom as the parent or grandparent aged under 65 of a person settled in the United Kingdom. The requirement was not met even where the financial dependency which qualified such a relative for entry was the factor which prevented his or her circumstances from being such exceptional circumstances.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Kennedy v Charity Commission (Information Commissioner and another intervening) – WLR Daily

Kennedy v Charity Commission (Information Commissioner and another intervening) [2012] EWCA Civ 317; [2012] WLR (D) 91

“The right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged in a case in which the Charity Commission had refused to comply with a journalist’s request that he be supplied with certain information, by applying an absolute exemption which was said to derive from section 32(2) of the Freedom of Information Act 2000.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Fortune and others v Wiltshire Council and another – WLR Daily

Posted March 22nd, 2012 in appeals, law reports, local government, rights of way, roads by sally

Fortune and others v Wiltshire Council and another [2012] EWCA Civ 334; [2012] WLR (D) 90

“Section 67(2)(b) of the Natural Environment and Rural Communities Act 2006, which provided that section 67(1), as to the ending of certain existing unrecorded public rights of way, did not apply where such a right of way was shown in a list of highways maintainable at public expense, as required to be kept by councils under section 36(6) of the Highways Act 1980, did not require that list to be fully complaint with section 36(6), rather the requirement was that such a list should exist.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Regina v Scottish and Southern Energy plc – WLR Daily

Posted March 22nd, 2012 in appeals, consumer protection, law reports by sally

Regina v Scottish and Southern Energy plc [2012] EWCA Crim 539; [2012] WLR (D) 89

“It was possible to prosecute more than one person or entity for the same alleged offence of engaging in a misleading commercial practice contrary to regulation 9 of the Consumer Protection from Unfair Trading Regulations 2008.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 22nd, 2012 in legislation by sally

The Sea Fishing (Licences and Notices) (England) Regulations 2012

The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2012

The Welfare Reform Act 2012 (Commencement No. 1) Order 2012

The Capital Gains Tax (Annual Exempt Amount) Order 2012

The Registered Pension Schemes and Overseas Pension Schemes (Miscellaneous Amendments) Regulations 2012

The Child Trust Funds, Registered Pension Schemes and Stamp Duty Reserve Tax (Consequential Amendments) Regulations 2012

The Value Added Tax (Increase of Registration Limits) Order 2012

The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2012

The Landfill Tax (Amendment) Regulations 2012

Source: www.legislation.gov.uk

Independence Under Threat – Speech by Dame Heather Hallett DBE

Posted March 22nd, 2012 in judiciary, speeches by sally

Independence Under Threat (PDF)

Speech by Dame Heather Hallett DBE

Bentham Association Presidential Address, 21st March 2012

Source: www.judiciary.gov.uk

Sports law: rules of the game – Law Society’s Gazette

Posted March 22nd, 2012 in advertising, competition, drug abuse, media, news, sport by sally

“The complex web of commercial and regulatory issues that surrounds sport is occupying an ever-increasing amount of lawyers’ time. That was evident at the Law Society’s Sports Law Conference, held at Chancery Lane last week. It may be true that, as Charles Russell partner Simon Johnson told the conference, ‘a sports right as such does not exist’. But that has not stopped the rights and laws that affect sport from developing into a unique combination of problems whose resolution requires a growing cast of legal minds.”

Full story

Law Society’s Gazette, 22nd March 2012

Source: www.lawgazette.co.uk

Bar Council Calls for Action in Wake of MP Report on MoJ Finances – The Bar Council

Posted March 22nd, 2012 in Ministry of Justice, news, reports by sally

“The Bar Council, which represents barristers in England and Wales, has welcomed the findings of a report by the House of Commons Public Accounts Committee (PAC) into the financial management of the Ministry of Justice, which raises serious concerns about a number of areas of saving and expenditure.”

Full story

The Bar Council, 20th March 2012

Source: www.barcouncil.org.uk

Killer Kevin Nunn in High Court forensic evidence challenge – BBC News

Posted March 22nd, 2012 in appeals, DNA, evidence, forensic science, news by sally

“A convicted killer has started a new High Court challenge to access forensic evidence that his lawyers claim could clear his name.”

Full story

BBC News, 21st March 2012

Source: www.bbc.co.uk

Justice reforms move to next stage – Ministry of Justice

Posted March 22nd, 2012 in bills, legal aid, news, parliament, sentencing by sally

“Plans for radical reforms to the justice system have moved another step forward in the Houses of Parliament.”

Full story

Ministry of Justice, 21st March 2012

Source: www.justice.gov.uk

Family Law Week’s Budget Briefing 2012 – Family Law Week

Posted March 22nd, 2012 in budgets, capital gains tax, corporation tax, news, tax avoidance, taxation by sally

“Steve Crompton & David Kitson, Tax Directors at RSM Tenon, review the Chancellor’s 2012 Budget announcements.”

Full story

Family Law Week, 21st March 2012

Source: www.familylawweek.com

Government to consult further on introducing a general tax avoidance prohibition in 2013 – OUT-LAW.com

Posted March 22nd, 2012 in consultations, news, tax avoidance by sally

“The Government has accepted that the introduction of a general anti-avoidance rule (GAAR) will improve the UK’s tax avoidance strategy whilst maintaining competitiveness, and will consult further with business on introducing a GAAR into the UK tax system, the Chancellor confirmed in today’s Budget.”

Full story

OUT-LAW.com, 21st March 2012

Source: www.out-law.com

Outrage at £2.60 wage proposal for trainees – Law Society’s Gazette

“Trainee solicitors could be paid as little as £2.60 an hour in their first year under an amendment to the Solicitors Regulation Authority’s proposals for ending the minimum wage. The Law Society’s Junior Lawyers Division (JLD) today condemned the move as another step towards making the legal profession the ‘preserve of the rich’.”

Full story

Law Society’s Gazette, 21st March 2012

Source: www.lawgazette.co.uk

Appeasement it may be, but exclusion of Iranian dissident not a matter for the courts – UK Human Rights Blog

Posted March 22nd, 2012 in freedom of expression, Iran, news, parliament by sally

“The High Court has upheld an order by the Home Secretary preventing Maryam Rajavi, a prominent Iranian dissident, from speaking in Parliament. The exclusion order was imposed because of concerns about the deterioration of bilateral relationships between this country and the Iranian government, and fears that if the exclusion order was lifted there could be reprisals that put British nationals at risk and make further consular cooperation even more problematic. For further details of the Home Secretary’s decision see Henry Oliver’s excellent discussion of the case ‘Free Speech and Iranian Dissent in Parliament’.”

Full story

UK Human Rights Blog, 21st March 2012

Source: www.ukhumanrightsblog.com

Judges will not have to give life terms to repeat dangerous criminals because of human rights laws – Daily Telegraph

Posted March 22nd, 2012 in dangerous offenders, news, recidivists, sentencing by sally

“Judges will not have to impose new ‘two strikes and you’re out’ mandatory life jail terms on all dangerous repeat criminals because of human rights laws, the Government has admitted.”

Full story

Daily Telegraph, 22nd March 2012

Source: www.telegraph.co.uk

Richard O’Dwyer case: Lawyers lodge extradition appeal – BBC News

Posted March 22nd, 2012 in appeals, copyright, extradition, internet, news by sally

“The family of a Sheffield student who faces extradition to the United States has confirmed an appeal has been lodged by lawyers.”

Full story

BBC News, 22nd March 2012

Source: www.bbc.co.uk

No referral exemption for charities, Lords rule – Law Society’s Gazette

Posted March 22nd, 2012 in bills, charities, fees, news, trade unions by sally

“The House of Lords has blocked attempts to exempt charities and trade unions from the referral fee ban. The house was debating proposed amendments to the Legal Aid, Sentencing and Punishment of Offenders bill.”

Full story

Law Society’s Gazette, 21st March 2012

Source: www.lawgazette.co.uk