Current Awareness

Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique – WLR Daily

Posted April 8th, 2011 in EC law, freedom of movement, law reports by sally

Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique (Case C-119/09); [2011] WLR (D) 127

“National legislation totally prohibiting the members of a regulated profession from engaging in canvassing was contrary to article 24(1) of European Parliament and Council Directive 2006/123/EC of 12 December 2006 on services in the internal market (OJ 2006 L 376, p 36).”

WLR Daily, 5th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Enviroco Ltd v Farstad Supply A/S – WLR Daily

Posted April 8th, 2011 in charterparties, indemnities, law reports, Scotland, shareholders, subsidiary companies by sally

Enviroco Ltd v Farstad Supply A/S [2011] UKSC 16; [2011] WLR (D) 126

“When a Scottish holding company’s entire shareholding in one of its subsidiary companies had been pledged to a Scottish creditor as security and, pursuant to Scots law, the creditor had become the registered shareholder, the subsidiary company was, for the purposes of section 736 of the Companies Act 1985, no longer a subsidiary of the holding company.”

WLR Daily, 6th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Employment lawyers see surge in disputes – Law Society’s Gazette

Posted April 8th, 2011 in employment, legal services, news by sally

“Employment solicitors have seen a surge in clients seeking advice on work-related disputes, according to figures seen by the Gazette.”

Full story

Law Society’s Gazette, 8th April 2011

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted April 8th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Ramsey & Ors, R v [2011] EWCA Crim 872 (07 April 2011)

Davies, R v [2011] EWCA Crim 871 (07 April 2011)

Court of Appeal (Civil Division)

Worsdell v Golledge & Anor [2011] EWCA Civ 364 (07 April 2011)

Jogo Associates Ltd & Ors v Internacionale Retail Ltd [2011] EWCA Civ 384 (07 April 2011)

High Court (Administrative Court)

New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 856 (Admin) (07 April 2011)

Source: www.bailii.org

Abuse claims against surgeon could not be prosecuted in UK – The Independent

Posted April 8th, 2011 in child abuse, foreign jurisdictions, news, prosecutions, time limits by sally

“Police investigating allegations that a heart specialist who worked at London’s Great Ormond Street Hospital had sexually abused children in Kenya found they would have been unable to bring a prosecution because the alleged offences occurred before May 2004, a spokesman for Scotland Yard said yesterday.”

Full story

The Independent, 8th April 2011

Source: www.independent.co.uk

Child abuse trial judge accused of being drunk in court – The Guardian

Posted April 8th, 2011 in alcohol abuse, complaints, judges, news by sally

“The legal watchdog is investigating a crown court judge after he was accused of being ‘influenced by alcohol’ during a trial in which an alleged paedophile was freed.”

Full story

The Guardian, 8th April 2011

Source: www.guardian.co.uk

Accused wins appeal after judge told him: ‘Shut your mouth’ – Daily Telegraph

Posted April 8th, 2011 in contempt of court, evidence, judges, news, offensive weapons by sally

“A defendant who was told by a judge to “shut your mouth and listen” just before he had to give evidence on why he had two knives in his car has had his subsequent convictions overturned.”

Full story

Daily Telegraph, 8th April 2011

Source: www.telegraph.co.uk

Obesity surgery man loses court fight against PCT – BBC News

Posted April 8th, 2011 in human rights, judicial review, medical treatment, news, obesity by sally

“A grandfather has lost his High Court battle over a health trust’s refusal to fund obesity surgery.”

Full story

BBC News, 7th April 2011

Source: www.bbc.co.uk

HMRC not doing enough to stop illegal unpaid internships, says pay watchdog – The Guardian

Posted April 8th, 2011 in HM Revenue & Customs, minimum wage, news by sally

“The Low Pay Commission has criticised HM Revenue & Customs for lax enforcement of minimum wage laws and the payment of interns.”

Full story

The Guardian, 7th April 2011

Source: www.guardian.co.uk

Teacher jailed for raping pupil – The Independent

Posted April 8th, 2011 in child abuse, news, rape, sentencing, teachers by sally

“A teacher who raped and sexually assaulted one of his pupils after abducting her from a school disco was jailed for nine years today.”

Full story

The Independent, 7th April 2011

Source: www.independent.co.uk

Elliot Morley faces jail after admitting MPs’ expenses fraud – The Guardian

Posted April 8th, 2011 in expenses, false accounting, news, parliament by sally

“The former Labour minister Elliot Morley faces a prison sentence after pleading guilty to dishonestly claiming more than £30,000 in parliamentary expenses relating to false mortgage claims.”

Full story

The Guardian, 7th April 2011

Source: www.guardian.co.uk

European courts face workload ‘crisis’, claims House of Lords – Law Society’s Gazette

Posted April 7th, 2011 in courts, EC law, news by sally

“The European Union’s two highest courts are facing a ‘crisis’ in managing their existing and ever increasing workloads, according to House of Lords report published yesterday.”

Full story

Law Society’s Gazette, 7th April 2011

Source: www.lawgazette.co.uk

Volume disputes set for huge upheaval as MoJ backs Jackson on civil litigation reform – Legal Week

Posted April 7th, 2011 in costs, fees, news by sally

“Success fees look set to be ushered in for complex commercial cases, ironically just as the Government unveiled reforms expected to severely restrict their widespread use in volume personal injury claims.”

Full story

Legal Week, 7th April 2011

Source: www.legalweek.com

Government ‘not liable for torture’ – The Independent

Posted April 7th, 2011 in colonies, Kenya, news, summary judgments, torture by sally

“The Government cannot be held legally liable for British colonial atrocities committed during the Mau Mau Uprising, the High Court heard today.”

Full story

The Independent, 7th April 2011

Source: www.independent.co.uk

New rules for solicitors focus on ends, not means – The Guardian

Posted April 7th, 2011 in legal ombudsman, news, solicitors, Solicitors Regulation Authority by sally

“Changes in regulation to emphasise outcomes that solicitors need to deliver for clients, rather than how they achieve them.”

Full story

The Guardian, 7th April 2011

Source: www.guardian.co.uk

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Posted April 7th, 2011 in appeals, dispute resolution, homelessness, housing, law reports, local government by sally

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Aurubis Balgaria AD v Nachalnik na Mitnitsa Stolichna – WLR Daily

Posted April 7th, 2011 in customs and excise, EC law, interest, law reports by sally

Aurubis Balgaria AD v Nachalnik na Mitnitsa Stolichna (Case C-546/09); [2011] WLR (D) 123

“Interest on arrears in relation to customs duties still to be recovered could only be charged pursuant to article 232(1)(b) of Regulation 2913/92, as amended, in respect of the period falling after the deadline by which those duties were to be paid.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.