FSA told to rethink on legal privilege – Law Society’s Gazette

Posted October 20th, 2011 in financial regulation, judicial review, news, privilege by sally

“The Financial Services Authority has been urged to review its operating procedures after it was found to have acted unlawfully in its use of legally privileged material during an enforcement investigation.”

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Law Society’s Gazette, 20th October 2011

Source: www.lawgazette.co.uk

Deeds not ‘delivered’ despite signatures, rules High Court – OUT-LAW.com

Posted October 20th, 2011 in documents, guarantees, news, warranties by sally

“Guarantees and warranties given by the directors of a company did not take effect despite the signing, witnessing and handing over of documents, the High Court has ruled. The documents in question were deeds and the Court said that they had not been ‘delivered.’ ”

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OUT-LAW.com, 20th October 2011

Source: www.out-law.com

In re Kaupthing Singer and Friedlander Ltd – WLR Daily

Posted October 20th, 2011 in administration orders, insolvency, law reports, Supreme Court, surety by sally

In re Kaupthing Singer and Friedlander Ltd [2011] UKSC 48;  [2011] WLR (D)  297

“The equitable rule which prevented a person sharing in a fund while his debts to the fund were unpaid was trumped by the rule against double proof in a suretyship situation.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Regina (Davies and another) v Revenue and Customs Comrs; Regina (Gaines-Cooper) v Same – WLR Daily

Posted October 20th, 2011 in income tax, law reports, Supreme Court by sally

Regina (Davies and another) v Revenue and Customs Comrs; Regina (Gaines-Cooper) v Same [2011] UKSC 47;  [2011] WLR (D)  296

“In order to gain non-resident status for tax purposes, a person who had left the United Kingdom had to demonstrate a distinct break from his or her previous pattern of life in the UK. Such a test was clear from the ordinary law of residence, and the Inland Revenue guidance booklet IR20 (operative until 2009) did not contain any less stringent test which taxpayers could rely on.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) – WLR Daily

Posted October 20th, 2011 in appeals, damages, financial regulation, injunctions, law reports, undertakings by sally

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2011] EWCA Civ 1158;  [2011] WLR (D)  295

“When obtaining an injunction the Financial Services Authority should not normally be required to give an undertaking in damages to third parties, beyond an undertaking to cover the costs incurred in complying with the injunction.”

WLR Daily, 18th october 2011

Source: www.iclr.co.uk

Simpson (as assignee of Alan Catchpole) v Norfolk and Norwich University Hospital NHS Trust – WLR daily

Posted October 20th, 2011 in appeals, assignment, law reports, third parties by sally

Simpson (as assignee of Alan Catchpole) v Norfolk and Norwich University Hospital NHS Trust [2011] EWCA Civ 1149;  [2011] WLR (D)  294

“A claim for damages for personal injury was a chose in action capable of assignment. The law would not, however, recognise on the grounds of public policy an assignment to a party who did not have sufficient interest to support what would otherwise be a bare right of action.”

WLR Daily, 12th October 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 20th, 2011 in legislation by sally

The Crime and Disorder Act 1998 (Responsible Authorities) (Amendment) Order 2011

The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2011

The International Renewable Energy Agency (Legal Capacities) Order 2011

The Transfer of Functions (Her Majesty’s Land Registry, the Meteorological Office and Ordnance Survey) Order 2011

The Air Navigation (Amendment) Order 2011

Source: www.legislation.gov.uk

The Role of Judges In The Success of UK PLC – Speech by Mr Justice Vos

Posted October 20th, 2011 in Commercial Court, company law, judiciary, speeches by sally

“KPMG Lecture, 18th October 2011.”

Full speech

Judiciary of England & Wales, 18th October 2011

Source: www.judiciary.gov.uk

Power cut kills Pembroke nursing home man on ventilator – BBC News

Posted October 20th, 2011 in care homes, electricity lines, health & safety, medical treatment, news by sally

“A power cut during the night killed a man with muscular dystrophy as nursing home staff were unable to connect a back-up power supply, an inquest heard.”

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BBC News, 19th October 2011

Source: www.bbc.co.uk

Kent Policewoman not guilty of false attack claim – BBC News

Posted October 20th, 2011 in assault, disciplinary procedures, news, police, wasting police time by sally

“A Kent police officer who was accused of falsely claiming she was attacked while on duty has been cleared of wasting police time.”

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BBC News, 19th October 2011

Source: www.bbc.co.uk

Stem cell reseach thrown into disarray by European patent ruling – Daily Telegraph

Posted October 20th, 2011 in EC law, embryology, medical treatment, news, patents by sally

“Cutting-edge research into new medical treatments in Britain was thrown into disarray on Tuesday as the highest European court ruled that stem cells from human embryos cannot be patented.”

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Daily Telegraph, 18th October 2011

Source: www.telegraph.co.uk

Former Met police detectives cleared as retrial collapses – The Guardian

Posted October 20th, 2011 in conspiracy, corruption, drug offences, news, police, retrials by sally

“One of the most significant police anti-corruption cases in modern times collapsed on Wednesday, after two former detectives, who had both served lengthy jail sentences, were cleared at a retrial.”

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The Guardian, 19th October 2011

Source: www.guardian.co.uk

Downing Street brings forward Commons vote on EU referendum – The Guardian

Posted October 20th, 2011 in EC law, news, parliament, referendums by sally

“Downing Street has brought forward a sensitive House of Commons vote on Europe next week amid fears that Tory MPs were planning to use David Cameron’s absence on an overseas visit to stage a large rebellion.”

Full story

The Guardian, 19th October 2011

Source: www.guardian.co.uk

Liam Fox breached Ministerial Code – The Independent

Posted October 20th, 2011 in ministers' powers and duties, news, reports by sally

“Liam Fox’s contacts with his self-styled adviser Adam Werritty constituted a clear breach of the Ministerial Code of Conduct, the Cabinet Secretary Sir Gus O’Donnell said today.”

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The Independent, 18th October 2011

Source: www.independent.co.uk

Centuries of open justice threatened by secret courts – The Independent

Posted October 20th, 2011 in intelligence services, international relations, news, private hearings by sally

“Secret justice looks set to be a regular feature of British courts and tribunals when the intelligence services want to protect their sources of information.  Civil courts, immigration panels and even coroner’s inquests would go into secret session if the Government rules that hearing evidence in public could be a threat to national security. The proposals, which run counter to a centuries-old British tradition of open justice, were introduced to a sparsely attended House of Commons yesterday by the Justice Secretary, Ken Clarke – and met almost no opposition. The planned changes to the British justice system follow lobbying of the Government by the CIA.”

Full story

The Independent, 20th October 2011

Source: www.independent.co.uk

Police chiefs ‘authorised undercover police officers to give false evidence in court’ – Daily Telegraph

Posted October 20th, 2011 in evidence, news, perjury, police by sally

“Senior police chiefs authorised undercover police officers to give false evidence in court to protect their cover as environmental protesters, it was claimed last night.”

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Daily Telegraph, 20th October 2011

Source: www.telegraph.co.uk

Courts need not be bound by Europe, says top judge – Daily Telegraph

Posted October 20th, 2011 in human rights, judges, judgments, news, precedent by sally

“Lord Judge, the Lord Chief Justice, said the UK need only ‘take account’ of the decisions of the European Court of Human Rights but not necessarily follow it.”

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Daily Telegraph, 20th october 2011

Source: www.telegraph.co.uk

Top Gear did not libel carmaker Tesla, high court rules – The Guardian

Posted October 19th, 2011 in defamation, malicious falsehood, media, news by sally

“Electric sports carmaker Tesla Motors has lost a major part of its high court libel claim against the BBC’s Top Gear programme, but is still suing the corporation for malicious falsehood over an episode that showed the company’s Roadster model running out of battery in a race.”

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The Guardian, 19th October 2011

Source: www.guardian.co.uk

Energy efficiency scheme will begin in a year as Energy Act comes into force – OUT-LAW.com

Posted October 19th, 2011 in carbon dioxide emissions, energy, legislation, news by sally

“The Energy Act has become law, putting in place a Government-backed scheme that will enable new energy efficiency measures in both domestic and commercial properties to be undertaken at no up-front cost. Costs will be paid over time through energy bills.”

Full story

OUT-LAW.com, 19th October 2011

Source: www.out-law.com

Lawyer explains why hacking victim won £425,000 – The Independent

Posted October 19th, 2011 in compensation, interception, media, news, privacy by sally

“The lawyer who advised News Group to pay £425,000 to Gordon Taylor said today the company was in an unprecedented position because the Professional Footballers Association chief had evidence that his phone had been hacked.”

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The Independent, 19th October 2011

Source: www.independent.co.uk